AP784988CRV - Insurance Industry Award 1998
26.1 Employees are entitled to the following public holidays
26.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
26.1.2 The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen's Birthday and Eight Hours' Day or Labour Day; and
26.2 In addition to the public holidays listed in 26.1 the following shall apply:
26.2.1 New South Wales
August Bank Holiday
26.2.2 Victoria
Melbourne Cup Day
26.2.3 Queensland
Brisbane Royal National Show Day
26.2.4 South Australia
Adelaide Cup Day
26.2.5 Western Australia
Foundation Day
26.2.6 Tasmania
Easter Bank Holiday
26.2.7 Australian Capital Territory
August Bank Holiday
26.2.8 Northern Territory
Picnic Day
Where in a locality a day is generally observed in substitution for any of the above days then that day will be observed as a holiday in that locality.
26.3 Where a day is legislated, declared, proclaimed, gazetted or otherwise prescribed as a holiday in a State, Territory, or locality within a State or Territory, in substitution for any of the days specified in 26.2.1 to 8 that day will be the holiday for the purposes of this award in lieu of the day specified.
26.4 Christmas Day, Boxing Day, New Years Day and Australia Day
26.4.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 27 December.
26.4.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 28 December
26.4.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on the next Monday.
26.5 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 26.1 and 26.2 above, those days will constitute additional holidays for the purpose of this award.
26.6 Substitution of other days for prescribed days
26.6.1 An employer may with the agreement of the Union substitute another day for any day prescribed in this clause; or
26.6.2 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 the prescribed days.
26.6.3 An employer and 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.
26.6.4 Implementing paragraph 26.6.2 is subject to the employer informing the union at the particular enterprise of the intention to use this provision and providing a reasonable opportunity for the union to participate in negotiations. This requirement is subject to the union having members employed in the relevant enterprise or section of the enterprise.
26.7 Payment for work by direction on holiday
26.7.1 An employee directed to work on a holiday must be paid a days pay being, the amount of money he or she would normally receive for working the employee’s ordinary weekday hours plus time and one half for each hour worked.
26.7.2 The minimum payment to be made under 26.7.1 is that for 3 hours work.
26.8 Holiday falling during annual leave
26.8.1 Where any holiday or day substituted therefor falls during a period of annual leave on a day of the week which is normally a working day for an employee an extra day will be added to the annual leave of the employee concerned.
26.9 Full-time employees and non-standard hours working arrangements
[26.9 inserted by PR950550 ppc 28Oct05]
This clause apples to full-time employees (whether they work a fixed or variable roster) who do not regularly work a five-day, Monday to Friday week.
26.9.1 When a public holiday prescribed under 26.1 falls upon a day when the employee would not be working in any event, they shall receive:
26.9.1(a) a day’s paid leave to be taken on another day or, by mutual agreement between the employee and the employer, added to their annual leave; or
26.9.1(b) an additional day’s pay.
29.9.2 If an employee is rostered to work on a public holiday for which no substitute day has been declared:
29.9.2(a) if the employee is not required to work on the public holiday, they shall be paid the amount of money he or she would normally have received for working that day.
29.9.2(b) if the employee is required to work on the public holiday they shall either:
29.9.2(b)(i) receive payment at the public holiday rate prescribed at 26.7; or
29.9.2(b)(ii) be paid at the rate the employee would normally have received for working that day, plus a day’s paid leave to be taken at another time.
26.9.3 If an employee is rostered to work on a public holiday or its substitute day, other than Christmas Day:
26.9.3(a) if the employee is not required to work on the public holiday, they shall be paid the amount of money he or she would normally receive for working that day, and will not be entitled to take the substitute day off.
26.9.3(b) if the employee is required to work on the public holiday, they shall be paid the amount of money he or she would normally receive for working that day, and will be entitled to take the substitute day off. If the substitute day is a non-working day for the employee, they shall be entitled to the payment provided for at 26.9.1.
26.9.3(c) if the employee is required to work on the substitute day, they shall be paid at the public holiday rate prescribed at 26.7.
26.9.4 If an employee is rostered and required to work both the actual public holiday and its substitute day (which would only occur if the holiday were to fall on a Saturday or Sunday), they shall be entitled to:
26.9.4(a) for work on the actual public holiday (i.e. Saturday or Sunday) the employee shall be paid at the rate of double time as provided at 19.5.1;
26.9.4(b) for work on the substitute day, the employee shall be entitled to either:
26.9.4(b)(i) payment at the public holiday rate prescribed at 26.7; or
26.9.4(b)(ii) payment of the amount the employee would normally have received for working that day, plus a day’s paid leave to be taken at another time.
26.10 Christmas Day loading for employees working non-standard hours
[26.10 inserted by PR950550 ppc 28Oct05]
If an employee is rostered to work on a Saturday or Sunday that is Christmas Day, and is required to work that day, they shall be paid at the Saturday or Sunday rate of double time as prescribed at 19.5.1 for the hours he or she worked on Christmas Day, plus a Christmas Day loading of a one half of a normal day’s pay for a full day’s work and they will be entitled to the benefit of the substitute day in accordance with this clause.
26.11 Part-time employees and non-standard working hours
[26.11 inserted by PR950550 ppc 28Oct05]
This clause applies to part-time employees (whether they work a fixed or variable roster) who regularly work non-standard hours, including those part-time employees who regularly work on Saturday and/or Sunday.
26.11.1 Where the normal roster of a part-time employee includes a day that is a public holiday:
26.11.1(a) if the part-time employee is not required to work on the public holiday, they shall be paid the amount of money he or she would normally receive for working that day.
26.11.1(b) if the part-time employee is required to work on the public holiday, they shall be paid at the rate prescribed at 26.7.
26.11.2 For part-time employees whose normal roster includes a Saturday or Sunday that would be a prescribed public holiday but for the substitution of an alternative day, the following shall apply:
26.11.2(a) the part-time employee shall be granted leave with pay on the actual public holiday without substitution; or
26.11.2(b) a part-time employee who works on the actual public holiday will be paid at the rate of double time as prescribed at 19.5.1 (if the Saturday or Sunday is Christmas Day, the Christmas Day loading will also apply) for the hours he or she work and will be entitled to another day off as paid leave, which may or may not be the prescribed substitute day; or
26.11.2(c) a part-time employee who works on the actual public holiday (being a Saturday or Sunday) will be paid at the Saturday or Sunday rate prescribed at 19.5.1 for the hours he or she works and will receive, in addition, payment at ordinary time rate, for an additional day of equal length (with no substitution of an alternative day). If the Saturday or Sunday is Christmas Day, the Christmas Day loading will also apply.
26.12 Casual employees
[26.12 inserted by PR950550 ppc 28Oct05]
If a casual employee is required to work on a day prescribed as a public holiday, they shall be paid at the rate of double time and a half for the hour he or she work, plus their ordinary 25% casual loading. The loading is only to be calculated on the ordinary time rate.
