AP811245 - Timber Industry – CFMEU Wood Panels – Award 2000
[37 renumbered as 38 by PR969388 ppc 10Mar06]
38.1 Prescribed public holidays
All weekly employees shall be entitled to holidays without deduction of pay on the following days:
38.1.1 New Years Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day (except in South Australia where Proclamation Day shall apply); and
38.1.2 the following days, as prescribed in the relevant States, Territories, and localities; Australia Day, Anzac Day, Queens Birthday and Eight Hour or Labour Day; and
38.1.3 one other holiday in each state or territory as follows:
38.1.3(a) in Victoria - Melbourne Cup Day, provided that for employees employed beyond a radius of 40 km of the GPO of Melbourne, another day may by agreement as per clause 38.4, be substituted for Melbourne Cup Day;
38.1.3(b) in South Australia - Adelaide Cup Day on the third Monday in May;
38.1.3(c) in New South Wales - one additional day in each calendar year shall be added to annual leave or granted on a date agreed between the company and majority of employees at a site in accordance with clause 11 - Consultative mechanisms and procedures in the workplace.
38.2.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
38.2.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
38.2.3 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.
38.3 Additional public holidays
Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in above, those days shall constitute additional public holidays for the purposes of this award.
38.4 Changing public holidays by agreement
38.4.1 The company and all employees or a group of employees at a site or work area may agree to substitute another day for any day prescribed in this clause.
38.4.2 Before agreement is reached the company shall consult with the appropriate State branch of the union on the proposed change. If the union wishes to be involved in the consultation for reaching agreement, the company will ensure appropriate arrangements are made. If the union believes that it is not necessary to be involved, then the company and affected employees shall reach an agreement. In this situation, the consent of the majority of employees affected shall constitute agreement.
38.4.3 The appropriate State branch of the union shall be informed of any agreement to change the day that a holiday is observed.
38.5 Full-time employees not working a Monday to Friday week
The following clause applies to full-time employees who do not regularly work a five-day, Monday to Friday week.
38.5.1 When a prescribed holiday falls upon a day when the employee would not be working in any event, the employee shall receive:
38.5.1(a) a day’s paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and employee) or;
38.5.1(b) an additional day’s wage.
38.5.2 If an employee is rostered to work on the public holiday or its substitute day (except Christmas Day), the employee is entitled to:
38.5.2(a) If the employee is not required to work on the public holiday, the employee shall receive the payment the employee would ordinarily receive for that day and is entitled to the substitute day off.
38.5.2(b) If the employee is required to work on the public holiday, the employee is entitled to receive the normal rates of pay for working that day and the substitute day as a holiday. (If the substitute day is a non-working day for the employee, the employee would receive the compensation described in clause 38.5.1 above.)
38.5.2(c) If the employee is required to work on the substituted day, they shall receive the rates of pay for working on a public holiday.
38.5.3 If the employee is rostered and required to work on both the “actual” public holiday and its substituted day (this would only occur if the holiday were to fall on a Saturday or a Sunday) the employee would be entitled to:
38.5.3(a) a day’s paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and employee); or
38.5.3(b) payment at public holiday rates for the day’s work for the substituted day, and payment at the normal rates for Saturday and Sunday for the actual public holiday.
If employees are rostered to work on a Saturday or Sunday that is a Christmas Day, and are required to work, the employee shall receive the normal Saturday or Sunday rate plus a loading of one half of the normal day’s wages for the full day’s work and be entitled to the substitute day.
38.7 Non-casual part-time employees
38.7.1 When the normal roster of a part-time employee includes a day that is a public holiday, the employee shall receive the normal pay he/she would have received on that day and enjoy the holiday or receive the appropriate public holiday rate for working whatever hours he/she works during it.
38.7.2 For part-time employees whose normal roster includes a Saturday or Sunday that would be prescribed a holiday but for the substitution of an alternate day, the following shall apply:
38.7.2(a) The employee shall be granted leave with pay on the “actual day” without substitution: or
38.7.2(b) the employee works on the “actual day” at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day, Christmas Day loading will apply), and is allowed to take another day with pay, which may or may not be the prescribed substitute day, as a holiday; or
38.7.2(c) the employee works on the “actual day” at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day, Christmas Day loading will apply) and receives, in addition, the payment at ordinary-time rates for an additional day of equal length (with no substitution of an alternate day).
38.7.3 If any of these benefits applies, the employee who works on the prescribed substitute day should do so at ordinary-time rates.
38.7.4 Any circumstances for part-time workers not covered by this clause, should be the subject of negotiations between the employer, the union and the employees concerned, using the principles of this clause to resolve the issues.
38.8 Payment for casual employees working on public holidays
A casual employee who works on the day prescribed as the public holiday shall be paid the appropriate public holiday pay as described in this award. The employee shall receive the ordinary casual rate plus the applicable penalty. That is, the casual loading of 20 per cent and the prescribed holiday rate for non-casual workers of 2.5 times ordinary rates. The casual will be paid 2.7 times the ordinary time rate for non-casual workers.
38.9 Rostered days off falling on a public holiday
In the case of an employee whose ordinary hours of work are arranged in such a manner as to entitle the employee to a rostered day off, the weekday to be taken off shall not coincide with a holiday fixed in accordance with this clause. Provided that, in the case that a holiday is prescribed after an employee has been given or gives notice of a weekday off and the holiday falls on such weekday, the employer shall allow the employee to take an alternative weekday off in lieu of the holiday.
38.10 Absence before or after a public holiday
Where an employee is absent from employment on the working day before or the working day after a public holiday or group of public holidays to which the employee is entitled, and such absence is without reasonable cause, proof whereof shall be upon the employee, the employee shall not be entitled to payment for the holiday immediately succeeding or immediately proceeding the absence, as the case may be.
38.11 Termination within fourteen days of a holiday
In the case of an employee with at least three months service with the employer, whose services are terminated by the employer through no fault of the employee within fourteen days prior to a holiday and is re-engaged by such employer within fourteen days of such holiday, or in the case of an annual leave close down within fourteen days after resumption of work, the employee shall be paid for any such holiday the amount the employee would have received, had employment not been terminated.
