AP787043 - Liquefied Petroleum Gas Industry Award 1998
[35 substituted by PR950917 ppc 12Aug04]
35.1 An employee is entitled to holidays on the following days:
35.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
35.1.2 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
35.1.3 One other day to be specified according to State, Territory or locality or on some other basis.
35.2 When Christmas Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December. In relation to full time workers whose ordinary hours are regularly rostered to be worked on a Saturday or Sunday, when substitution occurs because Christmas Day falls on a weekend, ordinary hours worked on 25 December will attract an additional loading of half a normal day’s wage for a full day’s work in addition to the Saturday/Sunday rate and the employee will also be entitled to the benefits of the substituted public holiday.
35.2.1 When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on 28 December.
35.2.2 When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.
35.3 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in clause 7.4(a) or 7.4(b) above, those days shall constitute additional holidays for the purpose of this award.
35.4 An employer, with the agreement of the unions which are party to this award, may substitute another day for any prescribed in this clause.
35.4.1 An employer and his or 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 will constitute agreement.
35.4.2 An agreement pursuant to clause 7.4(d)(i) will be recorded in writing and be available to every affected employee.
35.4.3 The union which is a party to this award will be informed of an agreement pursuant to clause 7.4(d)(i) and may within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement.
35.4.4 If the union, pursuant to clause 7.4(d)(iii), refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the union.
35.4.5 If no resolution is achieved pursuant to clause 7.4(d)(iv), the employer may apply to the Commission for approval of the agreement reached with the employees. Such an application must be made fourteen or more days before the prescribed holiday. After giving the employer and the union an opportunity to be heard, the Commission will determine the application.
35.5 Payment for not working on a public holiday
Payment for public holidays not worked will be made at ordinary rates in accordance with the class of work performed by the employee on the next working day after the public holiday, except that where such public holiday falls on a Friday or a Saturday the rate of pay will be in accordance with the class of work performed by the employee on the working day next preceding such public holiday.
35.6 Payment for working on a public holiday
An employee may be required to work on any public holiday provided that the employee is notified the day before, and will be paid at the rate of double time and a half for the time worked with a minimum payment for four hours.
35.7 Absence before or after a public holiday
An employee who is absent from duty without authority, from his line manager, on the working day prior to or the working day following any public holiday will not be entitled to receive payment for such public holiday, unless evidence satisfactory to the employer is submitted to substantiate the employee’s inability to attend work as required.
