AP820387 - Clerks’ (Oil Companies) Award 2002
36.1 All employees (other than casuals) will receive the following eleven holidays without deduction of pay:
36.1.1 New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, the Birthday of the Sovereign, Christmas Day, and, except in the State of South Australia where Proclamation Day will be substituted therefore, Boxing Day, or any day which is observed as a holiday in lieu of the foregoing days and two other days to be observed on such days as may be mutually agreed.
36.1.2 Additionally, where in a State or Territory, or locality within a State or Territory, an additional public holiday is proclaimed, or gazetted, by the authority of the Australian 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 awards, or when such a proclaimed, or gazetted, day is, by any required judicial or administrative order, to be so observed, then such a day will be deemed to be a holiday for the purposes 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.
36.1.3 An employee will not receive more than one holiday as a consequence of each such proclamation or gazettal.
36.1.4 When Anzac Day falls on a Saturday or a Sunday, the following Monday, or the day gazetted by the relevant State government to be observed as the Anzac Day holiday, will be substituted for Anzac Day.
36.2 Holiday work - day workers
36.2.1 The rate applicable to all work performed by day workers on a holiday prescribed by this clause will be triple time.
36.2.2 A day worker who, by direction of the employer, presents himself or herself for work on a holiday will be paid for a minimum of four hours for each attendance.
36.2.3 If it is required that an employee work on a holiday, an employer will give not less than one clear day’s notice of this requirement to the employee. This subclause will not apply where it is beyond the power of the employer to give such notice.
36.3 Holiday work - shift workers
36.3.1 The rate to be paid to a seven-day shift worker for work performed on a shift, the major portion of which falls on a holiday prescribed in this clause, will be triple time.
36.3.1(a) The rate to be paid to a shift worker, other than a seven-day shift worker for work performed on a shift, the major portion of which falls on a holiday prescribed in this clause, will be triple time. These rates will continue until the employee is relieved from duty.
36.3.1(b) Where a shift falls partly on a holiday, that shift, the major portion of which falls on the holiday, will be regarded as the holiday shift.
36.3.1(c) A shift worker, other than a seven-day shift worker, required to report for work, other than for work in his/her ordinary shift hours, on a holiday prescribed in this clause will be paid for at least four hours at the appropriate rate for each attendance.
36.3.1(d) The provisions of this 36.3.1 for payment of the holiday rates until relieved and for minimum payment, will not apply where the work is continuous with the commencement, or completion, of the employee’s ordinary shift hours.
36.4 Christmas day - shift workers
36.4.1 When 25 December falls on a Saturday or Sunday and another day is proclaimed as a holiday in substitution therefore, an employee rostered to work on 25 December and on the substituted day will be paid holiday rates for time worked on 25 December and ordinary rates for the substituted day.
36.4.2 For the purposes of 31.4, the substituted day only will be observed.
36.5 Telephoning for instructions
36.5.1 Subject to a minimum of three hours’ pay where an employee complies with a direction to telephone for instructions in connection with holiday work he/she will be paid at his/her ordinary-time rate from that telephone call until either he/she:
36.5.1(a) is given a further direction to telephone later for instructions; or
36.5.1(b) is told a definite time at which he/she is to commence work; or
36.5.1(c) is released.
36.5.2 Where it becomes necessary for him/her to make a number of telephone calls at intervals determined by an authorised supervisor he/she is to receive a minimum of three hours’ payment at his/her ordinary-time rate for each telephone call provided that no payment will be made for any telephone call made within three hours of the last preceding telephone call.
36.5.3 When an employee commences work all payments due under this subclause will cease.
[Appendix A deleted by PR929398 ppc 25Mar03]
