AN160741 – Coal Mining Industry (Engineers) Award 1990
(1) The following days or the days observed in lieu shall be observed as paid holidays, namely: Australia Day (January), Labour Day, Good Friday and Anzac Day, together with all other days except Christmas Day, Boxing Day, New Year's Day, Easter Saturday, Easter Monday and the Sovereign's Birthday, gazetted from time to time as public holidays which are observed generally by the public in Western Australia. In addition, a day to be known as Picnic Day shall be observed on Foundation Day unless the parties agree in writing to some alternative date.
Provided that any employee who without good and sufficient reason fails to work on the working day immediately preceding a holiday or the first working day following such a holiday, shall not be entitled to payment for such holiday.
(2) If a recognised holiday falls within an employee's period of annual leave and is observed on a day which ordinarily would have been a working day, there shall be added to the period of such leave one day, being an ordinary working day, for each such recognised holiday, or a day shall be added to the employee's annual leave entitlement to be taken at some future date.
(3) Payment for a holiday prescribed by this clause shall be at the employees ordinary rate of pay for the hours the employee would have been rostered to work on that day, plus an additional amount equal to 35% of the ordinary rate of pay.
(4) Where an employee is rostered off on a holiday prescribed by this clause, the employee shall have one (1) day added to the annual leave entitlement.
(5) Where an employee is required to work on a holiday prescribed by this clause, the hours so worked shall be paid at the rate of double time, in addition to the payment prescribed in (3) above.
An employee shall be paid for a minimum of four (4) hours work on a holiday so worked.
(6) Any employee not required to work on a holiday prescribed in subclause (1) hereof who changes employment from one employer to another after the working day immediately preceding, but before the first working day following, such holiday shall, subject to the provisions of subclause (1) hereof, receive payment for such holidays from the employer by whom the employee is employed on the first working day following the holiday and the said employer shall have the right to recover from the employer by whom the employee was employed on the working day immediately preceding the holiday 80 per centum of the amount of the payment made to the employee.
(7) Any employee not required to work on a holiday prescribed in subclause (1) hereof who through the operation of Mine Workers' Pensions Legislation is required to vacate the employment after the working day immediately preceding but before the first working day following such holiday, shall be entitled to payment for such holiday unless without good and sufficient reason the employee fails to work on the working day immediately preceding the holiday.
