AP806313CRV - National Fast Food Retail Award 2000
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
27. PUBLIC HOLIDAYS
27.1 Permanent employees shall be entitled, without loss of pay, to public holidays as follows:
27.2 Permanent employees shall be entitled without loss of pay to an additional public holiday in a State or Territory or locality within a State or Territory when such public holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State or Territory or a locality.
[27.3 substituted by PR970568 ppc 24Mar06]
27.3 The following days shall be taken in addition to the days named above, or in lieu of where stated:
Victoria |
- |
in addition, Melbourne Cup Day; |
Western Australia |
- |
in addition, Foundation Day; |
Northern Territory |
- |
the first Monday in August; |
South Australia |
- |
in addition, the third Monday in May (Adelaide Cup) and Picnic Day Port Pirie; |
Tasmania |
- |
in lieu of Easter Saturday, Show Day and in addition Hobart Regatta Day (south of Oatlands) or Recreation Day (where Hobart Regatta Day is not observed); |
New South Wales |
- |
in addition, the first Tuesday of November in any year; |
Australian Capital Territory |
- |
in addition, the first Monday of March in each year and Canberra Day; |
Queensland |
- |
in addition Exhibition (People's) Day or the appropriate regional show day. |
27.4 Substituted days
27.4.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next non holiday.
27.4.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next plus one non holiday.
27.4.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next non holiday.
27.5 Additional days
Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 27.1 and 27.3 above and in this subclause, those days shall constitute additional holidays for the purpose of this award.
27.6 Substitute days by agreement
27.6.1 An employer and their 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.
27.6.2 An agreement pursuant to this subclause shall be recorded in writing and be available to every affected employee.
27.6.3 The union which is party to this award shall be informed of an agreement, and may, within seven days, refuse to accept the agreement. The union will not unreasonably refuse to accept the agreement
27.7 Where a store does not open for trade on a public holiday, and a full-time or part-time employee would have been rostered to work on such a day, they shall be entitled to payment for the day based upon their ordinary time earnings for the hours normally rostered to work.
27.8 Where a store opens for trade on a public holiday, employees who would normally be rostered to work may request to work the day or part thereof and shall be paid the appropriate penalty for time so worked. Provided that when an employee chooses not to work they shall be paid in accordance with 27.5 above.
27.9 Where a store opens for trade on an actual public holiday which has had the substitution provision of 27.4 applied, the following shall apply:
27.9.1 If an employee is ordinarily rostered to work on the actual public holiday and the substituted day, then that employee shall elect which day is to be their public holiday and receive the standard public holiday benefits on that day. The other day shall then be a normal rostered day. (See Christmas holiday loading, 27.10.)
27.9.2 If an employee is rostered to work on the actual public holiday and not the substituted day, the employee shall receive the standard public holiday benefits on the actual day.
27.9.3 If an employee is rostered to work on the substituted day and not the actual public holiday, the employee shall receive the Public Holiday benefits on the substituted day.
27.10 Additional Christmas holiday loading
In the case of Christmas Day where substitution occurs, work on the 25th 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.
27.11 A full-time employee, or a part-time employee working an average of five days per week, whose non-working day falls on a holiday, shall be paid by mutual agreement either:
27.11.1 payment of an additional day's wages;
27.11.2 addition of one day to the employee's annual holidays; or
27.11.3 another day may be allowed off with pay to the employee within 28 days after the holiday falls, or during the week prior to the holiday.
27.11.4 A part-time employee working an average of five days a week shall be entitled to the provisions of 27.11.1, 27.11.2 and 27.11.3 above where the employee works an alternating roster and the public holiday falls on a day on which the employee works in any week of their roster cycle.
27.11.5 For the purpose of this paragraph for full-time employees, day shall mean eight hours for an employee working nineteen days in a four week cycle. In respect of part-time employees day shall mean the average number of hours rostered per day by the employee prior to the public holiday in the four week cycle.
27.12 An employee who fails to attend for a rostered shift on the last working day before or the first working day after any public holiday shall forfeit wages for the day of the absence as well as for the public holiday. Where the company is satisfied that the employee's absence was caused through illness or other reason, wages shall not be forfeited for the holiday. Provided that an employee absent either before or after a group of holidays, shall forfeit wages for only one public holiday as well as the period of absence.
27.13 All full-time and part-time employees working on a public holiday shall be paid at the rate of 250% with a minimum payment as for three hours' work.
27.14 All casual employees working on a public holiday shall be paid at the rate of 250% plus the per cent casual loading specified in 12.1 with a minimum payment as for three hours' work.
