AN140052 – Cafe Restaurant and Catering Award - State (Excluding South-East Queensland) 2003.
7.6.1 All work done by any employee on:
- the 1st January;
- the 26th January;
- Good Friday;
- Easter Saturday (the day after Good Friday);
- Easter Monday;
- the 25th April (Anzac Day);
- The Birthday of the Sovereign;
- Christmas Day;
- Boxing Day; or
- any day appointed under the Holidays Act 1983, to be kept in place of any such holiday
will be paid for at the rate of double time and a-half with a minimum of 4 hours.
7.6.2 Labour Day
All employees covered by this Award shall be entitled to be paid a full day's wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day's wage for that day and in addition a payment for the time actually worked by the employee at one and a-half times the ordinary rate prescribed for such work with a minimum of 4 hours.
7.6.3 Annual show
All work done by employees in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification of such district shall be paid for at the rate of double time and a-half with a minimum of 4 hours.
7.6.4 Double time and a-half
For the purposes of clause 7.6, where the rate of wages is a weekly rate, "double time and a-half" shall mean one and one-half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day.
7.6.5 Extra payment for work outside certain hours
All time worked on any of the aforesaid holidays outside the ordinary starting and ceasing times prescribed by this Award for the day of the week on which such holiday falls shall be paid for at double the rate prescribed by this Award for such time when worked outside the ordinary starting and ceasing times on an ordinary working day.
7.6.6 Stand down
Any employee, with 2 weeks or more of continuous service, whose employment has been terminated by the employer or who has been stood down by the employer during the month of December, and who is re-employed in January of the following year, shall be entitled to payment at the ordinary rate payable to that employee when the employee was terminated or stood down, for any one or more of the following holidays, namely, Christmas Day, Boxing Day and the 1st January (New Year's Day) occurring during the period on and from the date of the employee's termination or standing down to and including the date of re-employment.
7.6.7 Holidays in lieu
Should any of the holidays mentioned in clause 7.6.1, 7.6.2 and 7.6.3 fall on an employee's rostered day off or Half Day Off such employee shall receive another day off or Half Day Off in lieu thereof or alternatively one day's wage or a half day's wage as the case may be shall be paid in addition to the weekly wage:
Provided that clause 7.6.7 shall not apply to part-time employees.
7.6.8 Employer and employees may agree on other method of payment
Notwithstanding the provisions of clause 7.6, by agreement in writing between the employer and the employee, a full-time and a part-time employee may be paid at the rate of time and a-half for time worked on a public holiday and receive time off with pay equivalent to the time so worked. Such time off with pay shall be taken at a mutually agreeable time within 6 months of its accrual. Outstanding accrued time shall be paid in full at the time of termination, for any reason by either party.
