AP822300 - Milk Treatment and Distribution Employees (A.C.T.) Award 2003
An employee, other than a casual employee, shall be entitled to the following public holidays without loss of pay:
29.1 The first day of January, Commonwealth Day, Union Picnic Day, such day to be observed on the first Monday of March in each year, Good Friday and the following Saturday and Monday, Anzac Day, the anniversary of the birthday of the Sovereign, Eight Hours day and Christmas Day and the following day (Boxing Day) and any day declared by the Minister or required by any law of the Territory to be observed in lieu of any of the said days, or any additional day declared as a holiday in the Australian Capital Territory.
29.2 An employee who is absent on approved leave for periods immediately proceeding or succeeding a public holiday shall be eligible for payment for the public holiday or holidays occurring during the period of approved leave.
29.3 Payment shall be the amount the employee would have received had the day not been a holiday and he/she had worked thereon for the usual time on such day. Provided that in respect of union Picnic Day payment need not be made unless an employer is provided with evidence by an employee that an admission ticket to the picnic, approved by the union, has been purchased.
29.4 Employees working 38 hours a week but not a Saturday, shall not receive pay if the holiday falls on a Saturday.
29.5 Where any holiday specified in 29.1, other than Christmas Day and Boxing Day, falls on a Sunday the following Monday shall be observed as a holiday in lieu of that day.
29.6 Where Christmas Day falls on a Saturday and Boxing Day falls on a Sunday the following Monday and Tuesday shall be observed as holidays in lieu of those days.
29.7 Where Boxing Day falls on a Saturday the following Monday shall be observed as a holiday in lieu of that day.
29.8 Where Christmas Day falls on a Sunday the following Tuesday shall be observed as a holiday in lieu of that day.
29.9 Where New Years Day falls on a Saturday the following Monday shall be observed as a holiday in lieu of that day.
29.10 For the purpose of this award, where employees do not work on a Saturday, they will be deemed to have worked on the days immediately preceding and succeeding any of the holidays under this award.
29.11 Payment under this clause shall not apply to an employee absent without leave or reasonable excuse on the working day preceding or the working day succeeding the holiday.
29.12 Terminating employment in relation to a holiday
29.12.1 Where an employer terminates the employment of an employee, except by reason of the misconduct of the employee (proof whereof shall lie on the employer) within fourteen days prior to a public holiday or a group of public holidays, he/she shall be paid for that holiday or group of holidays provided he/she has been employed for a period of at least one week prior to the termination of employment, provided further that no employee shall be entitled to receive payment from more than one employer in respect of the same public holiday or group of holidays.
29.12.2 When any two or more of the holidays prescribed in this award occur within one week of one another, such holidays shall, for the purpose of this award be deemed to be a group of holidays.
29.13 Employees required to work on a public holiday shall be paid for a minimum of three hours at double time and a half.
