AP789529CRV - Metal, Engineering and Associated Industries Award 1998
Summary
This clause describes an employee's (other than a casual employee) public holiday entitlements.
Full-time employees are generally entitled to 11 specified public holidays per year without loss of pay.
Other days can be substituted for any of the specified days by agreement between the employer and employees.
7.5.1(a) A full-time employee under this award is entitled to the following public holidays, without loss of pay:
7.5.1(b) In addition to the public holidays prescribed in 7.5.1(a), full-time employees are entitled to one additional public holiday without loss of pay. The additional public holiday which applies in each State is:
(i) In Queensland - the day gazetted for the local show in the appropriate area;
[Pt I:Pt 7:7.5.1(b)(ii) substituted by S5027 from 14Apr2000]
(ii) In New South Wales – the Tuesday immediately following Easter Monday but if that Tuesday is a gazetted or Proclaimed Public Holiday then on another day mutually agreed between the employer and the employee. The additional holiday is not cumulative and must be taken within each calendar year.
(iii) In Victoria - Melbourne Cup Day or a local equivalent;
(iv) In Tasmania - Regatta Day in Southern Tasmania (ie. in Oatlands and all towns south of Oatlands) and Recreation Day in Northern Tasmania (ie. all towns North of Oatlands);
(v) In South Australia - the third Monday in May.
7.5.1(c) Part-time Employees
Refer to 4.2.4(e) to determine the public holiday entitlements of part-time employees.
7.5.1(d) Substitution of Certain Public Holidays Which Fall on a Weekend
(i) 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.
(ii) 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.
(iii) 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.
7.5.1(e) Substitution of Public Holidays by Agreement at the Enterprise
(i) 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.
(ii) 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.
7.5.1(f) Where in a State or Territory or locality within a State or Territory an additional public holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or Territory or locality thereof, other than persons covered by Federal awards, or where such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be holiday for the purposes of this award for employees covered by this award who are employed in the State, Territory or locality in respect of which the holiday has been proclaimed or ordered as required.
7.5.2 Payment for Time Worked on a Public Holiday
7.5.2(a) Payment for Time Worked by Continuous Shift Workers on a Public Holiday
(i) Refer to 6.2.4(a) to determine the pay entitlements of continuous shift workers working on rostered shifts which fall on a public holiday.
[Pt I:Pt 7:7.5.2(a)(ii) corrected by Q2704 from 01Jul98]
(ii) Continuous shift workers required to work overtime on a public holiday shall be paid at double time. Refer to 6.4.10 and 6.4.11 to determine the rest break and meal allowance entitlements of continuous shift workers who work overtime on a public holiday.
[Pt I:Pt 7:7.5.2(a)(iii) inserted by Q2704 from 01Jul98]
(iii) Continuous shift workers required to work on a public holiday shall be paid for a minimum of three hours work.
7.5.2(b) Payment for Time Worked by Non-continuous Shift Workers on a Public Holiday
(i) Refer to 6.2.4(b) to determine the pay entitlements of non-continuous shiftworkers working on rostered shifts which fall on a public holiday.
[Pt I:Pt 7:7.5.2(b)(ii) corrected by Q2704 from 01Jul98]
(ii) Non-continuous shift workers required to work overtime on a public holiday shall be paid at double time and one half. The double time and a half is to be paid until the employee is relieved from duty. Refer to 6.4.10 and 6.4.11 to determine the rest break and meal allowance entitlements of non-continuous shift workers who work overtime on a public holiday.
[Pt I:Pt 7:7.5.2(b)(iii) inserted by Q2704 from 01Jul98]
(iii) Non-continuous shift workers required to work on a public holiday shall be paid for a minimum of three hours work.
7.5.2(c) Payment for Time Worked by Day Workers on a Public Holiday
(i) Day workers required to work on a public holiday shall be paid for a minimum of three hours work at double time and one half. The double time and a half is to be paid until the employee is relieved from duty.
[Pt I:Pt 7:7.5.2(c)(ii) deleted by Q2704 from 01Jul98]
7.5.3 Effect on Payment for Holidays if Absent on Working Day Before or After
Where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, he or she will not be entitled to payment for the holiday.
7.5.4 Rostered Day Off Falling on Public Holiday
7.5.4(a) Except as provided for in 7.5.4(b), where a full-time employee's ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled to, at the discretion of the employer, either:
This shall not apply where the rostered day off falls on a Saturday or a Sunday.
7.5.4(b) (i) Where an employee has credited time accumulated (see 5.11.6), then such credited time should not be taken as a day off on a public holiday.
(ii) 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.
(iii) Paragraphs (i) and (ii) above shall not apply in relation to days off which are specified in an employee's regular roster or pattern of ordinary hours. Paragraph 7.5.4(a) shall apply in such circumstances.
7.5.5 Public Holidays Falling During a Period of Annual Leave
Refer to 7.1.6.
