AN160068 – Clerks (Unions and Labor Movement) Award 2004
(1) The following days or the days observed in lieu shall subject to Clause 12. - Overtime, and subject as hereinafter provided, be allowed as holidays without deduction of pay, namely:
New Year’s Day
Australia Day
Good Friday
Easter Monday
Anzac Day
Labor Day
Foundation Day
Queen’s Birthday
Christmas Day
Boxing Day
Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.
(2) When any of the days mentioned in subclause (1) of this clause falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday, the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.
(3) On any public holiday not prescribed as a holiday under this Award, the employer’s establishment or place of business may be closed, in which case an employee need not present himself/herself for duty, and payment may be deducted, but if work be done ordinary rates of pay shall apply.
(4) When any of the days mentioned in subclause (1) of this clause falls on an employee’s rostered day off the employer and the employee may agree that the employee receive:
(a) an additional day’s wages;
(b) another day off within twenty-eight days of the award holiday; or
(c) an additional day off in conjunction with a period of annual leave.
(5) All ordinary hours of work performed on a holiday provided by this clause shall be paid at the rate of double time and a half.
(6) Except for the provisions of subclause (5) of this clause, the provisions of this clause shall not apply to casual employees.
