AN140103 – Electrical Contracting Industry Award - State 2003
7.6.1 Subject to clause 7.6.8, an employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day.
7.6.2 Subject to clause 7.6.8, 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
shall be paid for at the rate of double time and a-half with a minimum of 4 hours.
7.6.3 Labour Day
All employees covered by this Award shall be entitled to be paid a full days wage for Labour Day (the first Monday in May or other 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 days wage for that day and in addition, a payment for the time actually worked by them at one and a-half times the ordinary rate prescribed for such work with a minimum of 4 hours.
7.6.4 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.
In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes.
7.6.5 Double time and a-half
For the purposes of clause 7.6, "double time and a-half" shall mean one-half days wages in addition to the ordinary weekly rate of pay, or pro rata if there is more or less than a 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 they were dismissed 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).
7.6.7 Employers to give notice regarding holiday
Employers shall, except under unforeseen circumstances, give their employees not less than 2 clear days' notice as to whether a holiday is to be observed or worked.
7.6.8 Substitution
Where there is agreement between the majority of employees concerned and the employer, and subject to statutory limitations, other ordinary working days may be substituted for the public holiday specified in clause 7.6:
Provided that, where an employee is subsequently required to work on such substituted day, the employee shall be paid the rate applicable for the holiday that has been substituted.
7.6.9 Employees who do not work Monday to Friday of each week
Employees who do not ordinarily work Monday to Friday of each week are entitled to public holidays as follows:
(a) A full-time employee is entitled to either payment for each public holiday or a substituted day's leave.
(b) A part-time employee is entitled to either payment for each public holiday or a substituted day's leave provided that the part-time employee would have been ordinarily rostered to work on that day had it not been a public holiday.
(c) Where a public holiday would have fallen on a Saturday or a Sunday but is substituted for another day all employees who would ordinarily have worked on such Saturday or Sunday but who are not rostered to work on such day are entitled to payment for the public holiday or a substituted day's leave.
(d) Where Christmas day falls on a Saturday or a Sunday and the public holiday is observed on another day an employee required to work on Christmas day (i.e. 25 December) is to be paid at the rate of double time.
(e) Nothing in clause 7.6.9 confers a right to any employee to payment for a public holiday as well as a substituted day in lieu
