AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

CLAUSE 32. PUBLIC HOLIDAYS AND HOLIDAY WORK
OPDATE 15:03:91 1st pp on or after

(a) An employee, other than a casual employee (as defined) shall be entitled to the following holidays without deduction of pay. Provided that if any other day be generally observed in a locality as a substitute for any of the said holidays, the day so substituted shall be observed:

(i) New Year's Day
Australia Day
Good Friday
The day after Good Friday
Easter Monday
Anzac Day
Birthday of the Sovereign
Eight Hour Day or Labour Day
Christmas Day
Boxing Day (Whyalla only)
Commemoration Day (all areas except Whyalla)
Adelaide Cup Day - the third Monday in May
Proclaimed or gazetted holidays

(b) Where an additional holiday is proclaimed or gazetted by the authority of the South Australian Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout South Australia, or when such a proclaimed or gazetted day is, by any required judicial or administrative order to be so observed, then such day shall be deemed to be a holiday for the purpose of this award, for employees covered by this award.

Substitution by agreement

(c) By agreement between an employer and the union, other days may be substituted for any of the days set out in subclause (a) hereof.

Work on a public holiday

(d)(i) All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof shall be paid for at the rate of double time and a half.

(ii) An employee required to work on a public holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.

Termination - group of holidays

(e)(i) 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 days ordinary wages for each holiday prescribed in this clause or each holiday in a group as prescribed in paragraph (ii) hereof which falls within ten consecutive days after the day of termination.

(ii) Where any two or more of the holidays prescribed in this clause occur within a seven day span, such holidays shall for the purpose of this award be a group of holidays. If the first day of the group of holidays falls within ten consecutive days after termination, the whole group shall be deemed to fall within the ten consecutive days.

Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.

(iii) No employee shall in any one year be entitled to receive payment from more than one employer in respect to the same public holiday or group of holidays.