AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002
37. PUBLIC HOLIDAYS AND HOLIDAY WORK
37.1 An employee, other than a casual employee (as defined) shall be entitled to the following holidays without deduction of pay. Provided that if any other day be generally observed in a locality as a substitute for any of the said holidays, the day so substituted shall be observed:
37.1.1 Victoria
37.1.1(a) Provided that for an employee at work beyond a radius of 40 kilometres of the G.P.O. Melbourne, another day may by agreement between the employer and the union be substituted for Melbourne Cup Day and provided further that for any employee resident in Geelong and employed within a radius of 50 kilometres of the Post Office, Geelong, Geelong Cup day shall be substituted for Melbourne Cup day.
37.1.1(b) Victoria - Union Picnic Day
37.1.1(b)(i) An employee in the State of Victoria working on a construction site where other employees are entitled to a paid Picnic Day shall receive a paid Picnic Day under the same terms and conditions as those other employees.
37.1.1(b)(ii) Provided that the first Monday in December of each year shall be the union Picnic Day except in Mildura. The second Monday in December each year shall be union Picnic Day within an area of 25 km of Mildura.
37.1.1(b)(iii) Provided further that no employee shall be entitled to more than one paid Picnic Day per year.
37.1.2 South Australia
37.1.3 Tasmania
37.1.3(a) And, in addition, Regatta Day in Southern Tasmania (i.e. Oatlands and all towns south of Oatlands) and Recreation Day in Northern Tasmania (i.e. all towns north of Oatlands).
37.1.3(b) Provided that, where, in any locality, a Show Day falls on a Saturday or Sunday, an employer whose premises are in that locality shall grant his/her employees another day as a paid holiday in lieu thereof.
37.1.3(c) Such entitlement shall be taken on a day determined by the employer after conferring with the employees concerned provided that any disagreement shall be resolved by the Commission.
37.1.4 Western Australia
New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Eight Hour Day or Labour Day, Christmas Day, Boxing Day, Birthday of the Sovereign.
37.1.4(a) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
37.1.4(b) When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
37.1.4(c) When New Year’s Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.
37.1.4(d) This order also will encompass this direction, that the parties, that is the employers, firstly seek a discussion with The Australian Workers’ Union about the substitution of public holidays and other days in this award, and that the employers, at their convenience, seek to have the matter relisted before me so that the whole of the test case decision can be dealt with properly so that there is no misconception, no though of double counting in the future.
37.1.5 New South Wales
37.1.5(a) New South Wales - Union Picnic Day
37.1.5(a)(i) The first Monday in December of each year shall be the Union Picnic Day.
37.1.5(a)(ii) Where an employer holds a regular picnic for their employees on some other working day during the year such day may be given and may be taken as a picnic day in lieu of the picnic day herein fixed.
37.1.6 Queensland
37.2 Proclaimed or gazetted holidays
Where in a State or Territory or locality within a State or Territory an additional 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 that State or Territory or a locality thereof, other than by those covered by federal award, or when such a proclaimed or gazetted day is, by any required judicial or administrative order to be so observed, then such day shall be deemed to be a holiday for the purpose of this award, for employees covered by this award who are employed in the State, Territory or locality in respect of which the holiday has been proclaimed or ordered as required.
37.3 Substitution by agreement
By agreement between an employer and the majority of employees, other days may be substituted for any of the days set out in 37.1 hereof.
37.4 Work on a public holiday
37.4.1 All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof shall be paid for at the rate of double time and a half.
37.4.2 An employee required to work on a public holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.
37.5 Termination - group of holidays
37.5.1 An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day's ordinary wages for each holiday prescribed in this clause or each holiday in a group as prescribed in 37.5.2 hereof which falls within ten consecutive days after the day of termination.
37.5.2 Where any two or more of the holidays prescribed in this clause occur within a seven day span, such holidays shall for the purpose of this award be a group of holidays. If the first day of the group of holidays falls within ten consecutive days after termination, the whole group shall be deemed to fall within the ten consecutive days.
37.5.3 Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.
37.5.4 No employee shall in any one year be entitled to receive payment from more than one employer in respect to the same public holiday or group of holidays.
