AN160080 – Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947
(1) The following days or the days observed in lieu shall subject to Clause 8. - 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, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and 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 the subclause.
(2) When any of the days mentioned in subclause (1) hereof 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) Where -
(a) A day is proclaimed as a whole public holiday or a half public holiday under section 7 of the Public and Bank Holidays Act, 1972;
(b) that proclamation does not apply throughout the State or to the metropolitan area of the State.
That day shall be a whole public holiday or, as the case may be, a half public holiday for the purposes of this award within the district or locality specified in the proclamation.
(4) (a) When any of the holidays prescribed in this clause fall on a day which for a full time employee (other than a five and a half day employee) is a day of the week upon which he or she is usually required to work less than one fifth of his or her ordinary weekly hours of duty, such employee shall be allowed time off duty without deduction of pay equivalent to the difference between the time usually worked (on that day) and one fifth of the ordinary weekly hours of duty.
(b) In the case of a five and a half day week employee, if he or she usually works less than two elevenths of his or her ordinary weekly hours on such a day, such employee shall be allowed time off duty equivalent to the difference between the time usually worked (on that day) and two elevenths of the ordinary weekly hours of duty.
(c) Provided that an employee who works overtime on such a day shall receive time off equivalent to the difference between the time off calculated in accordance with paragraphs (a) or (b) of this subclause and the hours for which he or she has been paid at overtime rates.
(d) The time off duty is to be allowed either :-
(i) at a time mutually agreed to between the employee and employer or
(ii) in addition to but not as a part of the annual leave to which the employer is entitled pursuant to Clause 12 - Annual Leave of the Award.
(5) The provisions of this clause shall not apply to casual employees.
