AP781451CRV - Federal Meat Industry (Processing) Award 2000

31. PUBLIC HOLIDAYS

31.1 Employees, other than casuals, will be entitled to the following public holidays without loss of pay for ordinary rostered hours.

HOLIDAY	Qld	NSW	Vic	SA	NT
New Year’s Day	ü	ü	ü	ü	ü
Australia Day	ü	ü	ü	ü	ü
Good Friday	ü	ü	ü	ü	ü
Easter Monday	ü	ü	ü	ü	ü
Anzac Day	ü	ü	ü	ü	ü
Commemoration Day	-	-	-	ü	-
Sovereign’s Birthday	ü	ü	ü	ü	ü
Labor Day	ü	ü	ü	ü	ü
Christmas Day	ü	ü	ü	ü	ü
Boxing Day	ü	ü	ü	-	ü
Melbourne Cup Day (or other agreed day)	-	-	ü	-	-
Union Picnic Day	ü	ü	ü	ü	ü
Exhibition or Show Day	ü	-	-	-	-

31.1.1 Picnic day in each State shall be observed as follows:

31.1.1(a) New South Wales branch of the union (including ACT) – the first Monday in November in each year.

31.1.1(b) Newcastle and Northern branch of the union – the first Monday in November each year.

31.1.1(c) Victorian branch of the union – the third Wednesday in January of each year.

31.1.1(d) South Australian Branch of the union – the first Monday in March of each year.

31.1.1(e) Queensland Branch of the union (including the Northern Territory):

31.1.1(e)(i) employees employed in the cities of Brisbane and Redcliffe and the shires of Pine Rivers, Caboolture, Landsborough, Kilcoy, Esk, Laidley, Moreton (including the city of Ipswich), Boonah, City of Logan, Beaudesert, Albert (including the city of Gold Coast), Redlands, Maroochy and Noosa – the last Monday in October of each year.

31.1.1(e)(ii) Employees employed elsewhere than those areas in (a) – the first Monday in August of each year.

31.2 Part-time employees

Where a part-time employee's normal ordinary hours fall on a public holiday prescribed herein and the employer does not require the employee to perform work on that day, the employee shall not lose ordinary pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with 31.5.1, 31.5.2 or 16.12, as is appropriate.

31.3 Daily hire and part-time daily hire employees

A daily hire and a part-time daily hire employee shall be paid for a public holiday provided the employee has been required to attend and offer for employment and does not fail to accept work, if offered, without reasonable excuse on their working day before or their working day after the award holiday or, in the case of consecutive public holidays, on the nearest of such working day. Where the employee works on the holiday, such employee shall be paid in accordance with 31.5.1, 31.5.2 or 16.12, as is appropriate.

31.4 Substitution of Public Holidays

An employer, with the agreement of the employee or employees, may substitute another day for any prescribed in this clause in accordance with 7.4.

31.5 Payment for work on public holidays

31.5.1 Employees including casuals who work on:

31.5.1(a) Christmas Day, Anzac Day and Union Picnic Day will be paid at double the ordinary hourly rate for all time worked;

31.5.1(b) Good Friday will be paid for all time worked at the rate of time and a half for the first four hours and double time thereafter based on the ordinary hourly rate; and,

31.5.1(c) any other public holiday will be paid at time and a half for the first two hours and double time thereafter based on the ordinary hourly rate.

31.5.2 The above payments will be in addition to the ordinary weekly, daily or hourly rate of pay as appropriate.

31.5.3 Notwithstanding any other provision of this clause, when an employee agrees to work on a public holiday which is part of their ordinary working week, they will be paid at the rate prescribed by this clause for the particular holiday, or by agreement between the employee and employer they may be paid the appropriate ordinary rate and given equivalent ordinary time off in lieu within 28 days of the holiday occurring unless other arrangements are agreed to.

31.5.4 Where an employee is absent from employment on their working day (or part thereof) before or after a public holiday without reasonable excuse, or without the consent of the employer, the employee will not be entitled to payment for such holiday, provided that an employee will not lose payment for more than one holiday where consecutive public holidays occur.

31.5.5 If any employee other than a casual employee is dismissed within fourteen days before any of the holidays and is re-engaged within fourteen days after any of the holidays, the employee will be deemed to have been dismissed for the purpose of evading payment for such holiday and any payment so evaded will be due and payable to the employee.

31.5.6 Employees who ordinarily receive rostered days off shall not be required to take such rostered days off on a day which is to be observed as a public holiday.