AP824979 - Clerks’ (Capral Aluminium Limited) Award 2003
15.1.1 An employee shall be granted the following holidays without deduction of pay:
New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Eight Hour Day or Labour Day, Anzac Day, Queen’s Birthday, Christmas Day and Boxing Day (except in South Australia where Commemoration Day - 28 December shall be observed as a holiday throughout the State) or such other day is generally observed in the locality as a substitute for any of the said days, respectively.
15.1.2 In addition to the public holidays prescribed in 15.1.1 hereof, one additional public holiday shall apply to an employee on weekly hire in each State as follows:
15.1.2(a) In Queensland - on Exhibition Day.
15.1.2(b) In New South Wales, the additional day shall be observed as a holiday on the August Bank Holiday date in each area. However, where a “floating” working day occurs either on a Thursday or a Tuesday, the aforesaid August Bank Holiday may be substituted for the “floating” working day after consultation between the employer and the employee representative which may include a union representative. Special arrangements apply to the aluminium service centres and these are contained in an exchange of letters between the employer and the employee representative which may include a union representative.
15.1.2(c) In Victoria - on Melbourne Cup Day.
15.1.2(d) In South Australia - on the third Monday in May.
15.1.2(e) In Western Australia - on Foundation Day.
15.2 For the purpose of this award:
15.2.1 Where Christmas Day falls on a Saturday or on a Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day, respectively.
15.2.2 Where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day.
15.2.3 Where New Year’s Day falls on a Saturday or on a Sunday the following Monday shall be observed as New Year’s Day.
15.2.4 Where Anzac Day falls on a Saturday or on a Sunday the following Monday shall be observed as the Anzac Day public holiday.
and the said Saturdays and/or Sundays shall be deemed not to be holidays.
15.3 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 Commonwealth 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 a required judicial or administrative order, to be so observed, then such day shall 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 respect of which the holiday has been proclaimed or ordered as required.
15.4 Notwithstanding anything referred to above or clause 12 - Sunday and holiday work of this award, by agreement between the company and an employee, another day may be substituted for any of the holidays referred to above, (with the exception of Christmas Day, Boxing Day, New Years Day, Good Friday and Easter Monday).
In such circumstances an employee working on an designated public holiday will receive ordinary salary only. When the employee takes a substitute day off (as mutually agreed with the employer) it shall be taken without deduction of pay.
An employee who is required to work on a public holiday shall be entitled to the present payment of double time and a half where such employee does not exercise the option of substitution.
