AN120505 – Social and Community Services Employees (State) Award
42.1 For the purposes of this clause, the following shall be taken as public holidays on the days so gazetted: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day, or any holiday duly proclaimed and observed as a public holiday within the area in which the service is situated.
42.2 Gazetted public holidays shall be allowed to full-time, part-time and fixed term employees on full pay on those days on which they are normally required to work.
42.3 Where an employee who is not a shift worker is required to and does work on a public holiday, the employee shall;
(a) choose to be paid and in such case the employee would receive their ordinary pay for the day plus payment for actual time worked at single time ;
or
(b) choose to take the equivalent time off and in such case the employee would receive their ordinary pay for the day and the equivalent time off for the actual time worked;
or
(c) subject to mutual agreement between the employee and the employer, aggregate the equivalent time off with annual leave entitlements.
42.4 Where an employee, who is a shift worker and is required to and does work an ordinary rostered shift on a public holiday, the employee shall be paid double time and a half for such shift.
42.5 Where an employee, who is a shift worker whose shift includes a gazetted public holiday and is then not required by the employer to work that gazetted public holiday, shall have a day added to their annual holidays, or be paid a days pay additional to their weekly wage.
