AP816089 - Medical Officers (Aboriginal Medical Services) Interim Award 2001
19.1 An employee shall be entitled to holidays on the following days:
19.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
19.1.2 The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen’s Birthday and Eight Hours’ Day or Labour Day; and
19.1.3 One other day, as agreed between the parties at each workplace.
19.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
19.3 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
19.4 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.
19.5 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 19.1 to 19.4 above, those days shall constitute additional holidays for the purpose of this award.
19.6 An employer, with the agreement of the union which is party to this award, may substitute another day for any prescribed in this clause.
19.6.1 An employer and his/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 shall constitute agreement.
19.6.2 An agreement pursuant to 19.6.1 shall be recorded in writing and be available to every affected employee.
19.6.3 The union which is party to this award shall be informed of an agreement pursuant to 19.6.1 and may within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement.
19.6.4 If the union, pursuant to 19.6.3, refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the union.
19.6.5 If no resolution is achieved pursuant to 19.6.4, the employer may apply to the Commission for approval of the agreement reached with his/her employees. Such an application must be made fourteen or more days before the prescribed holiday. After giving the employer and union an opportunity to be heard, the Commission will determine the application.
