AP806214CRV - Home and Community Care Award 2001
29.1 Prescribed public holidays
29.1.1 An employee other than a casual employee and permanent part time employees shall be entitled to holidays on the following days:
29.1.2 Days in lieu
29.1.2(a) When Christmas Day falls on a Sunday, a holiday is lieu thereof shall be observed on 26 December.
29.1.2(b) When Boxing Day falls on a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
29.1.2(c) When New Year’s Day or Australia Day falls on a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.
29.1.3 Where public holidays are declared or prescribed for the State of Victoria on days other than those set out in 29.1 and 29.1.1 above, those days shall constitute additional holidays for the purpose of this award.
29.2 Substitute days
The Company with the agreement of the relevant Union may substitute another day for any prescribed in this clause.
29.2.1 The Company and the majority of employees in a work area may agree to substitute another day for any prescribed in this clause.
29.2.2 An agreement pursuant to 29.2.1 shall be recorded in writing and be available to every affected employee.
29.3 Minimum payment - public holidays
A full-time employee shall be paid for a minimum of two hours work at the appropriarte rate for work on a public holiday. A part-time employee shall be paid for hours worked at the appropriate rate for working on a public holiday.
29.4 An employee required to work on a holiday as defined in this clause between the hours of work as defined in clause 19 shall be paid at 1-1/2 times the ordinary prescribed rate for all time worked; and if required to work on a holiday outside the hours of work as specified in clause 19, he/she shall be paid at 2-1/2 times his/her ordinary prescribed rate for all time worked.
29.5 If a holiday as set out in 29.2 of this clause occurs during a period of illness of an employee engaged by the week, such employee shall be entitled to payment for such holiday, provided that satisfactory evidence of such sickness is furnished to the employer by or on behalf of such employee, and provided further that such period of illness has not been of more than one month's duration at such date.
29.6 Absence before or after a public holiday
Provided that 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, the employee shall not be entitled to payment for such holiday.
29.7 Rostered day off falling on a public holiday
29.7.1 Should an employee be rostered off on a day on which a public holiday falls, he/she shall be entitled to an equivalent time off in one period without loss of pay not later than three months after the entitlement accrued, and where practicable during the week following.
29.7.2 Provided that, 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, the employee shall not be entitled to an additional day as provided in the previous paragraph.
29.7.3 In the absence of a regular roster pattern being established, an employee who has worked on a particular day for 50% of the time in the preceding six months is considered to be regularly rostered for the purposes of determining public holidays entitlements.
