AN150140 – Social and Community Services Award
CLAUSE 6.7 PUBLIC HOLIDAYS
OPDATE 04:11:2005 on and from
6.7.1 General
6.7.1.1 Employees (other than casual employees) must be paid an additional 150 per cent of the appropriate rate based on the ordinary hourly rate as defined, for actual hours worked, on the following public holidays:
6.7.1.2 Where a paid public holiday falls on an employee's normal working day during a period when an employee is on annual leave, the period of annual leave will be extended accordingly.
6.7.1.3 When a public holiday falls on a day when the employee would normally work and the employee is not required to work on that day, the employee must be paid at the ordinary rate of pay for such public holiday as if the employee had actually worked the normal number of hours on that day. This provision does not apply to casual employees.
6.7.1.4 If an employee is rostered for duty on a Public Holiday and cannot arrange suitable alternative cover and refuses to work as rostered the employee will not be paid for that day, and for the time worked during that week will only be paid for the number of hours actually worked.
6.7.2 Casual employees
A casual employee who works on any public holiday prescribed in 6.7.1.1 will be paid at the rate of 250 per centum of the rate prescribed in Schedule 1 for the time worked, which is inclusive of the 20% casual loading.
6.7.3 Seven-day shift workers
If a public holiday falls between Monday and Friday inclusive:
6.7.3.1 A full-time 7 day week worker, who does not work on any such day because it is his/her rostered day off, will receive an extra 7 hours 36 minutes pay in respect of such day.
6.7.3.2 A part-time 7 day week worker, who does not work on any such day because it is his/her rostered day off, will receive an extra days pay in respect of such day provided that such payment must not exceed 7 hours 36 minutes pay.
6.7.4 Payment for shifts
For the purpose of payment for shift workers for the public holiday for a night shift which commences on one day and concludes on the next following day, the public holiday shift will be regarded as being the shift on which more than half of the total rostered shift hours falls on the public holidays, such that -
(a) if a rostered shift commences at 10.00 p.m. on a public holiday, that shift will not be regarded as a public holiday shift.
(b) if a rostered shift commences at 10.00 p.m. on the day before a public holiday and finishes at 6.00 a.m. on the public holiday such shift will be regarded as a public holiday shift.
In the case noted in paragraph (a) above night shift worker would be entitled to a public holiday payment under the provisions of clause 6.7.1.
6.7.5 Minimum payment
Employees, other than shift workers, required to work on a public holiday, as defined in clause 6.7.1.1, will be paid for a minimum of three hours work. An employee will not be required to work the full three hours if the work the employee is required to perform is completed in a shorter period.
6.7.6 Meal breaks
The provisions relating to meal breaks in Clause 6.6 Meal Breaks and Clause 6.4 Overtime apply in respect of work performed on public holidays, as defined in clause 6.7.
6.7.7 Absence on day before/after
Where an employee is absent from employment on the day before or the day after a public holiday without reasonable cause or the prior agreement of the employer, the employee will not be entitled to payment for such holiday.
