AP805733 - Commercial Travellers (A.C.T.) Award 2000
[30.1 corrected by PR903042 ppc 23Nov00]
30.1 Each employee other than a casual shall be entitled without loss of pay to the following public holidays:
30.1.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
30.1.3 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
30.1.4 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 30.1 above, those days shall constitute additional holidays for the purpose of this award.
30.2 Substitution of another day for public holidays
An employer, with the agreement of the union(s) which is (are) party to this award, may substitute another day for any prescribed in this clause.
30.2.1 An employer and his or her employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.
30.2.2 An agreement pursuant to 30.2.1 shall be recorded in writing and be available to every affected employee.
30.2.3 The union(s) which is (are) party to this award shall be informed of an agreement pursuant to 30.2.1 and may within seven days refuse to accept it. he union(s) will not unreasonably refuse to accept the agreement.
30.2.4 If a union, pursuant to 30.2.3 refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the union.
30.2.5 If no resolution is achieved pursuant to 30.2.4, the employer may apply to the AIRC for approval of the agreement reached with his or her employees. Such an application must be made fourteen or more days before the prescribed holiday. After giving the employer and union(s) an opportunity to be heard, the AIRC will determine the application.
30.3 An employee who is absent from duty on approved leave for periods immediately preceding or succeeding a public holiday shall be eligible for payment for the public holiday or holidays occurring during the period of approved leave.
30.4 Payment for holidays
30.4.1 Payment must be the amount the employee would have received had the day not been a holiday and he/she had worked thereon for the usual time of the day.
[30.4.2 corrected by PR903042 ppc 23Nov00]
30.4.2 Employees working 38 hours a week but not on a Saturday, will not receive pay if the holiday falls on a Saturday.
30.5 Payment for working on public holidays
30.5.1 All work done by an employee in soliciting orders at the request of the employer on any of the holidays referred to in 30.1 shall be paid for at the rate of double time and one half with a minimum payment as for three hours worked. Provided that in lieu of such payments two and one half days’ leave with pay may be granted in respect of each such holiday at a time to be mutually arranged between the employer and the employee.
30.5.2 All travelling in connection with work by an employee at the request of the employer on any of the holidays referred to 30.1 shall be paid for at the rate of time and one half with a minimum payment as for three hours travelling; provided that in lieu of such payment one and one half days’ leave with pay may be granted in respect of each such holiday at a time to be mutually arranged between the employer and the employee.
30.6 Where an employee is absent from employment on the working day or part of the working day immediately preceding or immediately after a holiday, as defined in 27.3 of this award;
or
30.6.1 Before or after a period of annual leave during which a holiday or holidays occur as defined;
30.6.2 Without reasonable excuse, the employer’s consent, or such other evidence as the employer may require, the employee shall not be entitled to payment for such holiday or holidays.
