AN170026 – Disability Service Providers Award
(a) All employees (other than employees in receipt of a 20% loading in lieu of annual leave, holidays with pay and sick leave) shall be allowed the following days as holidays with pay:
New Years Day, Australia Day, Hobart Regatta Day (south of Oatlands), Labour Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day (as defined), Recreation Day (where Hobart Regatta Day is not observed), Christmas Day and Boxing Day.
(b) Payment for holidays with pay mentioned in subclause (a) of this clause which are taken and not worked, shall be at the normal rate of pay which would have applied to the employee concerned, when, if it were not for such holiday he/she had been at work.
PROVIDED that, for part time employees, who would otherwise be rostered to work but for the holiday with pay and who do not work regular hours on each day, the number of hours to be paid for a holiday with pay which are taken and not worked shall be based on the following calculation:
The number of hours worked in the fortnight in which the holiday with pay falls divided by the number of days worked in that fortnight.
(c) Where a holiday with pay occurs on a rostered day off (as defined) or a scheduled day off (as defined), an employee shall be entitled to a day in lieu to be taken by mutual agreement.
PROVIDED that, for part-time employees a ‘day in lieu’ shall be defined for the purpose of this sub clause as the number of hours worked in the fortnight in which the holiday with pay falls divided by the number of days worked in that fortnight.
(d) Subject to subclause (c) of this clause, an employee required to work on any of the holidays with pay mentioned in subclause (a) of this clause, shall be paid at the rate of double time and a half.
(e) Subject to agreement being reached between the employer and employee/s concerned, time off may be allowed in lieu of payment of penalties. The amount of time off shall be calculated on the basis of the appropriate penalty rate prescribed in subclause (d) of this clause.
PROVIDED that such agreement shall be subject to the employee having opportunity to consult with the relevant union and the agreement shall be recorded in writing.
PROVIDED ALWAYS that, such agreement may be discontinued by mutual consent of both parties or at the request of one such party.
(f) Employees in receipt of a 20% loading in lieu of annual leave, holidays with pay and sick leave, who are required to work on a Holiday with Pay shall be paid at the rate of 1.7 times the relevant award rate, inclusive of the 20% loading, for work on a holiday mentioned in subclause (a) of this clause.
