AP792378CRV - Pastoral Industry Award 1998

39. PUBLIC HOLIDAYS AND ELECTION DAYS

[43 renumbered as 39 by PR900617 from 12Dec00]

39.1 Station hands not engaged as casuals shall be entitled to the following days as holidays without deduction of pay, namely the days observed in the district as Christmas Day, Boxing Day, New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, the third Monday in May (in South Australia), Birthday of the Sovereign and Eight Hour Day (or Labour Day) or such other week days as the employer and the employee may mutually substitute beforehand in lieu of the said days. Provided that when shearing or crutching at the station occurs on any of the said days and the employer and employee fail to substitute mutually such other week day, the employer may so substitute such other week day but not so as to give the employee less time off work than the employee would have had if the employee had received the said holiday.

39.2 Where Christmas Day, Boxing Day, New Year's Day or Australia Day fall on a Saturday or Sunday, such holiday or holidays shall be observed on the next succeeding working day or days, which shall be deemed a holiday or holidays in lieu of the days named. Provided that if any day is gazetted in lieu of one of the above-named holidays, such day shall be deemed to be a holiday for the purposes of this award.

39.3 If called on for duty on any day which the employee is entitled to enjoy as a holiday, the employee shall perform the duty as required and shall be entitled to payment for time worked at the rate of double time.

39.4 Where the rostered paid hours for a part-time employee falls on a public holiday and work is not performed by the employee, the employee shall not lose pay for the day.
39.5 Such free time, not exceeding one day, as may be necessary in order that a station hand may exercise the employee’s vote at a Federal or State election or referendum shall be allowed to the employee and no deduction from wages shall be made in respect thereof.

39.6 An employee who fails to attend for work on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer shall not be entitled to payment for such holiday.