AP795978 - Space Tracking Industry Award 1998
Summary
This clause describes an employee's (other than a casual employee) public holiday entitlements.
Full-time employees are generally entitled to eleven 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.
29.1.1 A full-time employee under this award is entitled to the following public holidays, without loss of pay:
Where another day is generally observed in a locality in substitute for any of the above days, that day will be observed as the public holiday in lieu of the prescribed day.
29.1.2 In addition to the public holidays prescribed in 29.1.2(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:
29.1.2(a) In Queensland - the day gazetted for the local show in the appropriate area;
29.1.2(b) In New South Wales - the Tuesday immediately following Easter Monday;
29.1.2(c) In Victoria - Melbourne Cup Day or a local equivalent;
29.1.2(d) In Tasmania - Regatta Day in Southern Tasmania (ie. in Oatlands and alltowns south of Oatlands) and Recreation Day in Northern Tasmania (ie. all towns North of Oatlands);
29.1.2(e) In South Australia - the third Monday in May;
29.1.2(f) In Western Australia - on Foundation Day;
29.1.2(g) In the Australian Capital Territory - on the Trades and Labour Council Picnic Day;
29.1.2(h) In the Northern Territory - Show Day
29.1.3 Part-time employees
Refer to 12.4.4 to determine the public holiday entitlements of part-time employees.
29.1.4 Substitution of certain public holidays which fall on a weekend
29.1.4(a) Where Christmas Day falls on a Saturday or a Sunday, 27 December will be observed as the public holiday in lieu of the prescribed day.
29.1.4(b) Where Boxing Day falls on a Saturday or a Sunday, 28 December will be observed as the public holiday in lieu of the prescribed day.
29.1.4(c) Where New Year's Day or Australia Day falls on a Saturday or a Sunday, the following Monday will be observed as the public holiday in lieu of the prescribed day.
29.1.5 Substitution of public holidays by agreement at the workplace
29.1.5(a) By agreement between the employer and the majority of employees in the relevant workplace or section of the workplace, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.
29.1.5(b) 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 workplace or relevant section of the workplace.
29.1.6 Where in a State or Territory or locality within a State or Territory an additional public holiday is proclaimed 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 will 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.
29.2 Payment for time worked on a public holiday
29.2.1 Payment for time worked by continuous shift workers on a public holiday
Refer to 22.5.1 to determine the pay entitlements of continuous shift workers for time worked on a public holiday.
29.2.2 Payment for time worked by non-continuous shift workers on a public holiday
Refer to 22.5.5 to determine the pay entitlements of shift workers on other than continuous work for time worked on a public holiday.
29.2.3 Payment for overtime worked by day workers on a public holiday
Refer to 24.7, 24.9.2 and 19.2 to determine the pay, rest break and meal allowance entitlements of day workers for time worked on a public holiday.
29.2.4 Effect on payment for holidays if absent on working day before or after
Where an employee is absent from their employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee will not be entitled to payment for the holiday.
29.2.5 Rostered day off falling on public holiday
Where an employee's rostered day off falls on a public holiday, the employee is entitled to, at the discretion of the employer, seven hours and 36 minutes pay at ordinary rates or to have this time added to their annual leave.
29.2.6 Rostered off shift falling on a public holiday
29.2.6(a) Subject to the provisions of 29.2.2 of this clause a shift worker whose rostered off shift falls on a holiday will, at the employee’s discretion, unless that day be a Saturday or Sunday, be paid for that day at ordinary rate or have an additional day added to their annual leave.
29.2.6(b) Where a public holiday falls on a rostered day off, given as a result of the averaging concept of implementing a 38 hour week; then a substitute day will be granted.
29.2.6(c) Where an employee is compensated as part of their salary for public holidays falling on a rostered day off the employee will not be entitled to such additional payment, or additional leave.
29.2.6(d) Provided further, where employees rostered to work on a public holiday are not required to work such public holiday as a result of a station closure they will be entitled to the payment of that public holiday at ordinary rates.
29.2.7 Public holidays falling during a period of annual leave
Refer to 25.6.
