AP817693 - Kmart Australia Ltd Award 2002
26.1 Permanent employees shall be entitled, without loss of pay, to public holidays as observed in each state as follows:
26.2 Permanent employees shall be entitled without loss of pay to an additional public holiday in a State or Territory or locality within a State or Territory when such public 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 the State or Territory or a locality.
26.3 The following days shall be taken in addition to the days named above, or in lieu of where stated;
26.4 If by Act of Parliament or by Proclamation or gazette by the Commonwealth, State or Territory Government a public holiday listed in 26.1 or 26.3 above, is decreed to no longer be a public holiday in a State or Territory, then such day shall no longer be deemed to be a public holiday in the State or Territory for the purposes of the award and 26.1 or 26.3 above shall be deemed to be altered accordingly.
26.5 Christmas Day, Boxing Day, New Year’s Day
26.5.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
26.5.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
26.5.3 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.
26.5.4 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in clause 26.1 and clause 26.3 above and in this subclause, those days shall constitute additional holidays for the purpose of this award.
26.5.5 An employer, with the agreement of the majority of employees, may substitute another day for any prescribed in this clause.
26.6 All work on a public holiday shall be voluntary.
26.7 Where a store does not open for trade on a public holiday, and a permanent employee would have been rostered to work on such a day, they shall be entitled to payment for the day based upon their ordinary time earnings for the hours normally rostered to work.
26.8 Where a store opens for trade on a public holiday, employees who would normally be rostered to work may request to work the day or part thereof and shall be paid the appropriate penalty for time so worked. Provided that when an employee chooses not to work they shall be paid in accordance with clause 26.7 above.
26.9 A full-time employee whose non-working day falls on a holiday, shall be paid by mutual agreement either:
26.9.1 payment of an additional day's wages,
26.9.2 addition of one day to the employee's annual holidays, or
26.9.3 another day may be allowed off with pay to the employee within twenty-eight days after the holiday falls, or during the week prior to the holiday.
26.9.4 A part-time employee shall be entitled to the provisions of 26.9.1, 26.9.2 and 26.9.3 above where the employee works an alternating roster and the public holiday falls on a day on which the employee works in any week of their roster cycle.
26.9.5 For the purpose of this paragraph for full-time employees, day shall mean eight hours. In respect of part-time employees day shall mean the average number of contract hours rostered per day for the employee prior to the public holiday in the four week cycle.
26.10 An employee who fails to attend for a rostered shift on the day before or the day after any public holiday shall forfeit wages for the day of the absence as well as for the public holiday. Where Kmart is satisfied that the employee's absence was caused through illness or other reason, wages shall not be forfeited for the holiday. Provided that an employee absent either before or after a group of holidays, shall forfeit wages for only one public holiday as well as the period of absence.
26.11 All full-time and part-time employees working on a public holiday shall be paid at the rate of 250% with a minimum payment as for three hours work.
26.12 All casual employees working on a public holiday shall be paid at the rate of 270% with a minimum payment as for three hours work
