AP769412CRV - Business Equipment Industry - Technical Service - Award 1999
32.1 Prescribed public holidays
32.1.1 A full-time employee under this award is entitled to the following public holidays, without loss of pay:
32.1.2 Where another day is generally observed in a locality in substitute for any of the above days, that day shall be observed as the public holiday in lieu of the prescribed day.
32.2 In addition to the public holidays prescribed in 32.1 hereof, full-time employees are entitled to the following:
32.2.1 New South Wales
An additional public holiday shall be observed as a public holiday on a day which shall be agreed upon between the employer and employees in each establishment.
32.2.2 Victoria
Melbourne Cup Day or a local equivalent
32.2.3 South Australia
Adelaide Cup Day
32.2.4 Western Australia
Foundation Day
32.2.5 Queensland
32.2.5(a) An employee shall be entitled to one day in each twelve months as Show Day in the locality in which the employee works.
32.2.5(b) Employees at Mt Isa in the state of Queensland, shall have two days added to their ordinary entitlement to annual leave for each public holiday not taken.
32.2.6 Tasmania
32.2.6(a) Note: Southern Tasmania includes Oatlands and all towns south of Oatlands but excludes those areas excluded in the State Proclamation regarding this day, and Northern Tasmania includes all towns north of Oatlands.
32.2.6(b) An employee in the employ of one employer shall not be entitled to receive in any one calendar year both Regatta Day and bank holiday as public holidays.
32.2.7 Australian Capital Territory
[32.2.7 substituted by S3772 ppc 03Mar2000]
One other day as follows: Canberra Day.
32.2.8 Northern Territory
Picnic Day
Refer to 12.4 of this award to determine the public holiday entitlements of part-time employees.
Where an additional public holiday is proclaimed or gazetted by the Commonwealth or a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or Territory or a locality thereof, then such day, shall be deemed to be a holiday for the employees working in the area the subject of the proclamation or gazetted notice.
32.5 Substitution of certain public holidays which fall on a weekend
32.5.1 Where Christmas Day falls on a Saturday or a Sunday, 27 December shall be observed as the public holiday in lieu of the prescribed day.
32.5.2 Where Boxing Day falls on a Saturday or a Sunday, 28 December shall be observed as the public holiday in lieu of the prescribed day.
32.5.3 Where New Year's Day or Australia Day falls on a Saturday or a Sunday, the following Monday shall be observed as the public holiday in lieu of the prescribed day.
32.6 Alternate days by agreement
32.6.1 By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.
32.6.2 An employer and an individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise. Such agreement shall be recorded in the time and wages records.
32.7 Payment for time worked on a public holiday
32.7.1 Except as provided for in 32.7.2 hereof, an employee who is required to work on a public holiday shall receive double time and one half.
32.7.2 The terms of 32.7.1 and 32.7.3 hereof do not apply to employees who are rostered to work regularly on Sundays and holidays. Such employees shall be paid at the rate of double time.
32.7.3 An employee required to work on a day off which is a public holiday is to be paid for a minimum of four hours at the appropriate rate, as set out in this subclause.
32.7.4 Where shifts fall partly on a holiday, the shift which has the major portion on the holiday is to be regarded as the holiday shift.
By agreement between the employer and the majority of employees, concerned, the shift which has the minor portion falling on the public holiday shall be regarded as the holiday shift.
32.7.5 The extra rates in this subclause are in substitution for and not cumulative upon the allowances in 24.1, 27.2.3 and 27.3.2 of this award.
32.8 Absence on working day before or after a public holiday
An employee absent on the working day before or the working day after a public holiday without reasonable excuse (proof of which shall be on the employee), or without the consent of the employer, shall not be entitled to payment for such holiday.
The entitlement to a public holiday shall not apply to an employee during any period of unpaid leave exceeding two weeks, except where such unpaid leave is in respect of personal injury or illness.
32.10 Rostered day off falling on public holiday
32.10.1 Days off which are specified in an employee's regular roster or pattern of ordinary hours
32.10.1(a) Except as provided for in 32.10.2 hereof, where a full-time employee's ordinary hours of work are structured to include a day off and such rostered day off falls on a public holiday, the employee is entitled to, at the discretion of the employer, either:
32.10.1(b) This shall not apply where the rostered day off falls on a Saturday or a Sunday.
32.10.2 Accumulated time off which is not specified in an employee's regular roster or pattern of ordinary hours
32.10.2(a) Where an employee has credited time accumulated, then such credited time should not be taken as a day off on a public holiday.
32.10.2(b) If an employee is rostered to take credited time as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer shall allow the employee to take the time off on an alternative week day.
32.10.2(c) Paragraphs 32.10.2(a) and 32.10.2(b) hereof shall not apply in relation to days off which are specified in an employee's regular roster or pattern of ordinary hours. 32.10.1 hereof shall apply in such circumstances.
