AP799690 - Transport Workers’ (Oil Companies) Award 1998
20. WEEKENDS AND PUBLIC HOLIDAYS
20.1 Saturday work
20.1.1 Day workers
20.1.1(a) For all work done on a Saturday the rate of pay will be time and a half for the first two hours and double time thereafter.
20.1.1(b) An employee required to report for work on Saturday will be paid for at least four hours at the appropriate rate for each attendance.
20.1.2 Shift workers
For ordinary shift hours worked between midnight on Friday and midnight on Saturday, the rates of pay prescribed by this award will be increased by 50 per cent, being cumulative upon all other shift premiums prescribed in 14.2 - Shift allowances of this award and upon the district and location allowances prescribed in 14.6 of this award.
20.2 Sunday work
20.2.1 Day workers
20.2.1(a) For all work done on a Sunday the rate of pay will be double time, until the employee is relieved from duty.
20.2.1(b) An employee required to report for work on a Sunday will be paid for at least four hours at double time for each attendance.
20.2.2 Shift workers
For ordinary shift hours worked between midnight on Saturday and midnight on Sunday, the rates of pay prescribed by this award will be increased by 100 per cent, being cumulative upon all other shift premiums prescribed in 14.2 - Shift allowances of this award and upon the district and location allowances prescribed in 14.6 of this award.
20.3 Public holidays
20.3.1 Prescribed holidays
20.3.1(a) All employees shall be entitled to eleven public holidays during the course of a calendar year which shall comprise: New Years Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day and Boxing Day, Easter Saturday.
20.3.1(b) In addition all employee will be entitled to one other day agreed at the location in recognition of gazetted State entitlements or community holidays such as local show days.
20.3.1(c) In addition to 20.3.1(a) and 20.3.1(b) hereof, where the State Government gazettes Easter Saturday as a public holiday, six/seven-day continuous shift workers shall be entitled to the credit of this additional day holiday.
20.3.2 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 20.3.1(a) and 20.3.1(b) hereof, those days shall constitute additional holidays for the purpose of this award.
20.3.3 The compensation for work on a public holiday shall be determined in accordance with the following:
20.3.3(a) An employee called upon to work on a public holiday will be given at least twenty-four hours notice and, except as provided in 20.3.3(b)and 20.3.3(c) hereof, will, in addition to the employees weekly wage, be paid double time for all time worked with the minimum payment of four hours.
20.3.3(b) If an employee is required to work on a public holiday during hours which, if that was not a holiday, would be outside of the employee’s usual working hours, the hourly rate for such work will be triple time. Triple time means three times the ordinary-time rate.
20.3.3(c) The rates paid to employees prescribed in this clause will, in the case of all shift work, be deemed to include all shift allowances prescribed in 14.2 - Shift allowances of this award.
20.3.3(d) An employee notified to attend for work on a holiday which is not worked will be paid at public holiday rates for four hours. This subclause will not apply where an employee, who has already been notified to attend for work, is given a minimum of twenty-four hours notice of not being required.
20.3.3(e) Where an employee is absent from employment on the working day before, or the working day after, a holiday, without reasonable excuse or without the consent of the employer, that employee will not be entitled to payment for such holiday.
20.4 Substitution of certain public holidays which fall on a weekend
[Sec II:20.4.1 varied by PR950891 ppc 12Aug04]
20.4.1 When Christmas Day is a Saturday or a 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.
20.4.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
20.4.3 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.
[Sec II:20.4.4 substituted by PR950891 ppc 12Aug04]
20.4.4 Clauses 20.4.1, 20.4.2 and 20.4.3 hereof do not create an entitlement to an additional public holiday. The Saturday or Sunday referred to in these clauses shall be deemed not to be a holiday. The Saturday or Sunday referred to in clause 20.4.1 will be paid at Saturday or Sunday rates with an additional loading of half a normal day’s wage for a full day’s work, and the employee will also be entitled to the benefits of the substituted public holiday. The Saturday or Sunday referred to in clauses 20.4.2 and 20.4.3 will be paid at Saturday or Sunday rates for all purposes of this award.
20.5.1 Where the employer and the majority of employees at a location agree, the employees may elect an aggregate approach to the administration of public holiday payments based on current shift roster work patterns. In this regard, Airport Operators engaged on a seven-day continuous shift work roster shall be paid a public holiday premium of seven per cent of base rates in addition to the existing shift premium, which range from 29 per cent to 42.1 per cent depending on the local shift roster.
20.5.1(a) The premium is calculated on the following basis:
Rostered shifts coinciding with public holidays - eight days per calendar year (average over extended cycle)
Therefore : 8 shifts x 8 hours
= |
64 hours per annum x double time |
= |
128 hours penalty payment per annum in addition to normal pay |
128 : 52 weeks | |
= |
2.46 hours per week |
2.46 hours per week : 35 hours | |
= |
7 per cent |
20.5.1(b) On this basis Airport Operators will be paid an additional seven per cent of their base rate each week in lieu of an additional payment when a public holiday coincides with a rostered on shift.
20.5.2 The seven per cent public holiday premium will be added to the aggregate shift premium and will form part of the total rate of pay. The public holiday premium (on the same basis as the shift premium) will not attract penalty rates as this would be double counting.
20.5.3 The current practice of payment of eight hours or time off in lieu for Airport Operators rostered off on a public holiday will continue as normal. The new premium only compensates for work on a public holiday.
20.5.4 An employee leaving shift during a rostered cycle will be subject to an adjustment for time worked on public holidays.
