AP802001CRV - Victorian Independent Schools - Teachers - Award 1998
25.1 Standard days
25.1.1 A teacher is entitled to holidays on the following days:
(a) New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
(b) the following days, as prescribed in Victoria: Australia Day, Anzac Day, Queen’s Birthday and Labour Day; and
(c) Melbourne Cup Day or any other day substituted by an Act of Parliament or Proclamation.
25.1.2 An exception to this is that public holidays occurring during leave in accordance with clause 23 (Annual Leave and School Holidays) do not create additional entitlement.
25.2 Holidays in lieu
25.2.1 When Christmas Day is a Saturday or Sunday, a holiday in lieu will be observed on 27 December.
25.2.2 When Boxing Day is a Saturday or Sunday, a holiday in lieu will be observed on 28 December.
25.2.3 When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu will be observed on the next Monday.
25.3 Additional days
Where in Victoria, public holidays are declared or prescribed on days other than those set out in 25.1 and 25.2 above, those days will constitute additional days for the purpose of this award.
25.4 Substitute days
25.4.1 By agreement between the employer and the majority of teachers, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.
25.4.2 An employer and a teacher may agree to the teacher taking another day as the public holiday in lieu of the day which is being observed pursuant to:
(a) 25.1, 25.2 and 25.3; or
(b) 25.4.1.
25.4.3 An agreement made pursuant to 25.4.1 must be recorded in writing. The agreement must be made available to every affected teacher.
25.4.4 Any agreement reached pursuant to 25.4.1 or 25.4.2 must be recorded in the time and wages records kept by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
25.4.5 (a) If a teacher is a member of the union bound by the award, then the teacher may be represented by the union in meeting and conferring with the employer about the substitute day or days.
(b) Where the employer proposes to substitute a day other than a public holiday prescribed by the award, the employer will give no less than five (5) working days' notice of the intention to reach agreement to this effect.
