AN120684 – Plumbers and Gasfitters (State) Consolidated Award
(i) An employee shall be paid a day's ordinary wages for each gazetted public holiday proclaimed to operate throughout the State and which falls on one of the week days, Monday to Friday, inclusive; provided that:
The employee has worked as required by his employer the working day immediately before and the working day immediately after such a holiday or is absent with the permission of his employer or is absent with reasonable cause. Absence arising by termination of employment by the employee shall not be reasonable cause.
(ii) An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day's ordinary wages for each public holiday as prescribed in subclause (i) of this clause or each public holiday in a group as prescribed in subclause (iii) of this clause, which falls within ten consecutive days after the day of termination.
(iii) Where any two or more of the holidays prescribed in this award occur within a seven day span, such holidays shall for the purpose of this award be in a group of holidays. If the first day of the group of public holidays falls within ten consecutive days after termination, the whole group shall be deemed to fall within the ten days. Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.
(iv) No employee shall be entitled to receive payment from more than one employer in respect to the same public holiday or group of holidays.
(a) All time worked on New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day or such other day as may be substituted therefore, together with all other gazetted holidays proclaimed to operate throughout the State shall be paid for at the rate of double time and a half, provided that an employee required to work on any of these days shall be paid for not less than four hours work.
(b) In addition to the holidays prescribed in paragraph (a) of this subclause, one additional public holiday shall apply to employees in the City of Newcastle. This public holiday shall be observed on the local Show Day as gazetted for the City of Newcastle, when that day, in the locality of the employer's premises, occurs on an employee's ordinary working day.
(vi) Where an employee covered by this award is employed in an industry where the general body of the employees are covered by an award or industrial agreement which prescribes a picnic day such employee shall be granted without loss of pay the picnic day so prescribed: Provided that where it is necessary for an employee to work on such a day he/she shall be paid at the overtime rates prescribed herein or shall be granted one day's leave with pay in lieu thereof.
(vii) An employee who works on a public holiday and (except for meal breaks) immediately thereafter continues such work shall, on being relieved from duty, be entitled to be absent until he/she has ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.
