AP806816CRV - Hairdressing and Beauty Services - Victoria - Award 2001
37.1 Prescribed holidays
37.1.1 Employees, other than a casual employee, must be granted the following public holidays without deduction of pay:
New Year's Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day and Boxing Day.
37.1.2 Where an employee, other than a casual employee, elects to work on any of the public holidays referred to in this clause, she or he must be paid at the rate of double time and a half for all time worked with a minimum payment as for three hours.
37.1.3 Where a casual employee works on any of the public holidays referred to in this clause, she or he must be paid at the rate of double time and a half for all time worked with a minimum payment as for two hours.
37.1.3(a) Note: A casual employee working on a public holiday receives this rate, not the applicable casual loading.
37.2 Melbourne Cup Day
37.2.1 Within the municipal districts mentioned in the Schedule of the Public Holidays Act 1993 as varied from time to time, and within the boundaries of those districts as varied from time to time under the provisions of the Local Government Act 1989 employees other than casuals must be granted the day off without loss of pay on Melbourne Cup Day.
37.2.1(a) However, where an employee elects to work on the day he or she must be paid at the rate of double time and a half for all time worked with a minimum payment as for three hours.
37.2.2 Outside the area specified in 37.2.1, an employee may be granted an appropriate local day in place of Melbourne Cup Day, or given some other day off or given an additional day as annual leave.
37.3 Substitute days
37.3.1(a) When Christmas Day is a Saturday or a Sunday, a holiday instead thereof is to be observed on 27 December.
37.3.1(b) When Boxing Day is a Saturday or a Sunday, a holiday instead thereof is to be observed on 28 December.
37.3.1(c) When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday instead thereof is to be observed on the next Monday.
37.3.2 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 37.1 and 37.2 and 37.3, those days constitute additional holidays for the purpose of this award.
37.3.3 An employer, with the agreement of the union may substitute another day for any prescribed in this clause.
37.3.3(a) 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 constitutes agreement.
37.3.3(b) An agreement pursuant to 37.3.3(a) is to be recorded in writing and be available to every affected employee.
37.3.3(c) The union is to be informed of an agreement pursuant to 37.3.3(a).
37.3.4 Where a salon opens for trade on an actual public holiday which has had the substitution provision of 37.3.1(a), 37.3.1(b) and 37.3.1(c) applied, the following is to apply:
37.3.4(a) If an employee is ordinarily rostered to work on the actual public holiday and the substituted day, then that employee is to elect which day is to be their public holiday and receive the standard public holiday benefits on that day. The other day is to then be a normal rostered day. (See Christmas Holiday loading.)
37.3.4(b) If an employee is rostered to work on the actual public holiday and not the substituted day, the employee is to receive the standard public holiday benefits of the actual day.
37.3.4(c) If an employee is rostered to work on the substituted day and not the actual public holiday, the employee is to receive the public holiday benefits on the substituted day.
37.3.4(d) Additional Christmas holiday loading
In the case of Christmas Day where substitution occurs, work 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.
37.4 Time off instead of the payment of the public holiday penalty rate
37.4.1 At the election of an employee and with agreement of the employer, time off instead of payment of the penalty rate prescribed for work on a public holiday under this clause may be provided to an employee.
37.4.2 Time off instead must be taken at a time mutually agreed between the employer and the employee and within four weeks of the public holiday. Alternatively by agreement between the employer and the employee the time off instead may be accumulated and taken as part of annual leave.
37.4.3 Time off instead must equate to the penalty rate (i.e. if the employee works three hours on a public holiday and the additional penalty rate is time and a half, and the employee elects to take time off instead of payment, the time off would equal 4.5 hours).
37.5 Holiday falling on a rostered day off
37.5.1 Where a holiday prescribed in 37.1 falls on a rostered day off of either a full-time employee or a part-time employee who regularly works five days each week, that employee is entitled by mutual agreement between the employer and the employee to either:
37.5.1(a) another day off instead; or
37.5.1(b) an equivalent day’s pay; or
37.5.1(c) one extra day, added to his or her annual leave.
37.6 Absence before or after a holiday
An employee who does not attend work on the working day before and/or after a public holiday without reasonable excuse will not be paid for the holiday.
