AP798297 - South Australian Government Departments and Instrumentalities (Metal Trades) Award 1999
34.1 Prescribed holidays
34.1.1 Employees are entitled to the following public holidays without loss of pay:
34.1.2 In addition to 35.1.1 employees are entitled without loss of pay to any other day duly proclaimed to be a public holiday in the State of South Australia.
34.1.3 A public holiday must be paid for on the basis of the ordinary working hours for the day observed.
34.2 Substitution of certain public holidays which fall on a weekend
34.2.1 Where Christmas Day falls on a Saturday or on a Sunday, the following Monday will be observed as Christmas Day
34.2.2 Where New Year’s Day falls on a Saturday or on a Sunday, the following Monday will be observed as New Year’s Day and the Saturday and/or Sunday will be deemed not to be holidays; and
[34.2.3 varied by S0596 from 29Oct99]
34.2.3 The employer and employees may agree to substitute other public holidays.
34.3 Payment for time worked on public holidays
34.3.1 Payment for time worked by continuous shift workers on a public holiday
34.3.1(a) Refer to 26.6.1 to determine the pay entitlements of continuous shift workers working on rostered shifts which fall on a public holiday.
34.3.1(b) Continuous shift workers required to work overtime on a public holiday must be paid for a minimum of three hours work at double time. Refer to 26.9.9 and 26.9.10 to determine the rest break and meal allowance entitlements of continuous shift workers who work overtime on a public holiday.
34.3.2 Payment for time worked by non-continuous shift workers on a public holiday
34.3.2(a) Refer to 26.6.2 to determine the pay entitlements of non-continuous shift workers working on rostered shifts which fall on a public holiday.
34.3.2(b) Non-continuous shift workers required to work overtime on a public holiday must be paid for a minimum of three hours work at double time and one half. The double time and one half is to be paid until the employee is relieved from duty. Refer to 26.9.9 and 26.9.10 to determine the rest break and meal allowance entitlements of non-continuous shift workers who work overtime on a public holiday.
34.3.3 Payment for time worked by day workers on a public holiday
34.3.3(a) Day workers required to work on a public holiday will be paid for a minimum of four hours work.
34.3.3(b) Refer to 26.9.9 and 26.9.10 to determine the rest break and meal allowance entitlements of day workers who work on a public holiday. Refer to 26.9.9 and 26.9.10 to determine the rest break and meal allowance entitlements of continuous shift workers who work overtime on a public holiday.
34.3.4 Effect on payment for holidays if absent on working day before or after
[34.3.4 varied by S0596 from 29Oct99]
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.
34.3.5 Rostered day off falling on public holiday
Where a seven day or continuous shift worker’s ordinary hours of work are structured to include a day off and that day off falls on a public holiday, the employee will be paid for that day at the ordinary rate. This will not apply where the rostered day off falls on a Saturday or a Sunday.
34.3.6 Public holidays falling within a period of annual leave
Where a holiday falls in a period of annual leave, an additional day in lieu of such holiday must be added to the annual leave.
34.3.7 Acting in a higher grade - public holidays
Where an employee acts in a higher class or grade for more than two hours on the working day immediately preceding a public holiday, and resumes in that class or grade for more than two hours on the first working day after the public holiday, payment for the holiday will be made at the higher rate.
34.3.8 Rest break
An employee, not engaged on continuous work who works on a public holiday and (except for meal breaks) immediately thereafter continues such work will on being relieved from duty, be entitled to be absent until having had ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during that absence.
