Aboriginal Legal Rights Movement Inc. (SA) Award, 1999

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AP766925 - Aboriginal Legal Rights Movement Inc. (SA) Award, 1999

7.2 PUBLIC HOLIDAYS

7.2.1 Prescribed public holidays

An employee is entitled to holidays on the following days:

7.2.1(a) New Years Day, Good Friday, Easter Saturday, Christmas Day, Easter Monday, Proclamation Day.

7.2.1(b) Australia Day, Anzac Day, Queen’s Birthday, and Labour Day as prescribed.

7.2.1(c) Adelaide Cup Day

7.2.2 Substitution Arrangements

7.2.2(a) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof must be observed on 27th December.

7.2.2(b) When Proclamation Day is a Saturday or Sunday, a holiday in lieu thereof must be observed on 28th December.

7.2.2(c) When New Years Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof must be observed on the next Monday.

7.2.3 Additional public holidays

An employee is entitled to the following additional public holidays:

7.2.4 Facilitative Provisions

7.2.4(a) The Aboriginal Legal Rights Movement, with the agreement of employees or where represented their unions, may substitute another day for any day prescribed in this clause.

7.2.4(a)(i) The Aboriginal Legal Rights Movement and the employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement.

7.2.4(a)(ii) An agreement pursuant to 7.2.4(a) must be recorded in writing and be available to every affected employee.

7.2.4(a)(iii) The unions which are party to this award must be informed of an agreement pursuant to 7.2.4(a) and may within seven days refuse to accept it. The unions will not unreasonably refuse to accept the agreement.

7.2.5 Public holidays - penalty rates

Overtime worked on a public holiday must be at the rate of double time.

7.2.6 Time off in lieu of overtime

Overtime may be compensated for by time off work in lieu of payment at the same rate as provided in this clause.

7.2.7 Public holidays crib time

An employee working overtime on a Public Holiday is allowed a paid tea break of not less than twenty minutes after each four hours of overtime, provided that overtime continues after this break.

7.2.8 Absence before or after work on a public holiday

Where an employee is absent from their employment without reasonable excuse on the working day before or after a public holiday, the employee is not entitled to the holiday without loss of pay.

7.2.9 Where in accordance with the provisions of this clause substitution holidays are provided the Saturday or Sunday for which substitution is made must be deemed not to be a holiday provided that payment in respect of duty performed on 25 December falling on a Saturday or Sunday must be as prescribed in Part 6 – Hours of Work, Overtime and Sunday Work.

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