AN170068 – Mobile Crane Hire Award
PART V - LEAVE AND HOLIDAYS WITH PAY
1. PUBLIC HOLIDAYS
(a) An employee, other than a casual employee (as defined) shall be entitled to the following holidays without deduction of ordinary pay:
(i) New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day, Australia Day, Anzac Day, Queen’s Birthday and Eight Hours Day and;
(ii) Regatta Day in the south of the State (i.e., Oatlands and all towns south of Oatlands), and Recreation Day in the north of the State (i.e., all towns north of Oatlands); and
(iii) Show Day in the locality as proclaimed or gazetted by the authority of the State government.
(b) (i) When Christmas Day falls on a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December.
(ii) When Boxing Day falls on a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
(iii) When New Year’s Day or Australia Day fall on a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.
(c) Where public holidays are declared or prescribed on days other than those set out in subclause (a), those days shall constitute additional holidays for the purpose of this award.
(d) (i) An employer and his/her employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.
(ii) Such agreement shall be recorded in writing and be available to every affected employee.
(iii) The union party to this award shall be informed of such agreement and may within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement.
(iv) If the union refuses to accept the agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the union.
(v) If no resolution is achieved, the employer may apply to the Commission for approval of the agreement reached with his/her employees. Such an application must be made fourteen or more days before the prescribed holiday. After giving the employer and employee representative an opportunity to be heard, the Commission will determine the application.
(e) Where an employee is absent from his/her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.
(f) (i) An employer who terminates the employment of an employee except for reasons of misconduct or incompetence (proof of which shall lie upon the employer) shall pay the employee a day’s ordinary wages for each holiday prescribed in subclauses (a), (b) and (c) or each holiday in a group as prescribed in paragraph (f)(ii) which falls within 10 consecutive calendar days after the day of termination.
(ii) Where any two or more of the holidays prescribed in this award occur within a 7 day span, such holidays shall for the purpose of this award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days.
(iii) Christmas Day, Boxing Day and New Year’s Day shall be regarded as a group.
(iv) No employee shall be entitled to receive payment from more than one employer in respect of the same public holiday or group of holidays.
(g) Where an employee is working on a part-time basis pursuant to the provisions of Clause 6 of Part V - Parental Leave, the holidays provisions in this clause shall only apply in respect of that part of a holiday or group of holidays which coincides with the ordinary hours of part-time work applicable to that employee.
