AP817220 - Nurses (South Australian Public Sector) Award 2002
6.3.1 An employee other than a casual employee will be paid at the ordinary rate of pay for any of the following public holidays which occur during their employment:
6.3.2 Where an employee is absent from their employment on any part of the day before or after a public holiday without reasonable cause or the prior consent of the officer in charge of the Health Care Agency, the employee will not be entitled to payment for such holiday.
6.3.3 When a paid public holiday falls between Monday and Friday inclusive, during a period when an employee is on annual leave, the period of leave will be extended accordingly.
[6.3.4 substituted by PR968361 ppc 03Feb06]
6.3.4 If a public holiday falls between Monday to Friday inclusive a 7 day week worker, who does not work on such day because it is their rostered day off, will receive an extra day’s pay. For the purposes of this subclause an extra day’s pay means that a full-time employee is to receive payment for 7.6 hours, and for a part-time employee payment will be equal to average shift length worked on the preceding 28 days, to a maximum of 7.6 hours.
6.3.5 An employee, other than a casual employee, who has qualified for payment for a public holiday and does not work on such day will continue to receive their average weekly rate without deduction for such day. A five day week employee will not receive any additional payment when a paid public holiday falls on a Saturday.
6.3.6 Where a public holiday falls on a day that would otherwise have been an employee's programmed day off, then that employee will be given an alternative programmed day off as soon as practicable thereafter.
6.3.7 Payment for public holidays
6.3.7(a) Where an employee, other than a casual employee or an employee on no fixed hours of duty, works on any public holiday they must be paid at the rate of 250% of the equivalent hourly rate for all time worked.
[6.3.7(b) substituted by PR954614 from 22Dec04]
6.3.7(b) Where a casual employee works on any public holiday, or on Saturday 25th December 2004, they must be paid at the rate of 170% (inclusive of the 20% prescribed at 3.2.1 of the ordinary time).
6.3.7(c) Where a casual employee works on any public holiday, or on Sunday 25 December 2005, for more than the ordinary daily hours prescribed in clause 5.1 – Hours of Work, they are to be paid for those hours in excess of ordinary daily hours a the rate of 270% (inclusive of the 20% prescribed at 3.2.1 of the ordinary time).
6.3.7(d) In the event of an employee or the majority of employees requesting to work on any public holiday they will be paid at ordinary rates and a day in lieu thereof will be granted at the employer's convenience.
[6.3.7(e) inserted by PR954614; substituted by PR967030 ppc 21Dec05]
6.3.7(e) Where an employee, other than a casual employee or an employee on no fixed hours of duty, works on Sunday 25 December 2005 they must be paid at the rate of 250% of the equivalent hourly rate for all time worked.
[6.3.7(f) inserted by PR954614; substituted by PR967030 ppc 21Dec05]
6.3.7(f) Irrespective of the other parts of clause 6.3.7, where an employee, other than a casual employee or an employee on no fixed hours of duty works on Monday 26 December 2005 they must be paid at the rate of 200% of the equivalent hourly rate for all time worked.
[6.3.7(g) inserted by PR954614; substituted by PR967030 ppc 21Dec05]
6.3.7(g) Where a casual employee works on Monday 26 December 2005, for more than the ordinary daily hours prescribed in clause 5.1 - Hours of Work, they are to be paid for the first 3 hours in excess of ordinary hours at the rate of 170% (inclusive of the 20% prescribed at 3.2.1 of the ordinary time) and thereafter at the rate of 220% (inclusive of the 20% prescribed at 3.2.1 of the ordinary time).
6.3.8 Shift workers who work a night shift which commences on one day and concludes on the next following day, the public holiday shift will be regarded as being the shift on which more than half of the total rostered shift hours falls on the public holidays.
6.3.8(a) For example: If a rostered shift of eight hours commences at 10.00 p.m. on a public holiday, that shift is not be regarded as a public holiday shift.
6.3.8(b) If a rostered shift commences at 10.00 p.m. on the day before a public holiday and finishes at 6.00 a.m. on the public holiday, such shifts will be regarded as a public holiday shift.
6.3.9 The additional payments prescribed in this clause are in substitution for and not cumulative upon the shift and weekend penalties prescribed in clause 5.3 - Penalty rates.
