Woolworths (South Australia and Northern Territory) Award, 2003
AP825337 - Woolworths (South Australia and Northern Territory) Award, 2003
35.1.1 If an employee (other than a casual employee) is not required by the employer to work any part of the employee’s ordinary hours on a public holiday, the employee is entitled to be absent from work on that public holiday. An employee absent from work on a public holiday in accordance with this clause must be paid the appropriate wages for the number of ordinary hours that the employee would have worked if it had not been a public holiday.
35.1.2 Where a full-time or part-time employee is absent from employment on the working day before or after a public holiday without reasonable excuse or without the consent of the employer, the employee is not entitled to payment for the public holiday.
35.1.3 Public holidays are the days (or substitute days) on which the following holidays are observed:
35.1.3(a) South Australia
New Year’s Day |
Adelaide Cup Day |
Australia Day |
Queen’s Birthday |
Good Friday |
Labour Day |
The day after Good Friday |
Christmas Day |
Easter Monday |
Proclamation Day |
Anzac Day |
Any other day which is declared to be a public holiday pursuant to the Holidays Act, 1910 shall be a public holiday for the purposes of this clause.
35.1.3(b) Northern Territory
New Year’s Day |
Australia Day |
Good Friday |
Easter Saturday |
Easter Monday |
ANZAC Day |
May Day |
Queens Birthday |
Picnic Day |
Christmas Day |
Boxing Day |
*Show Day |
*Show Day is observed in the regions of Darwin, Katherine and Alice Springs on separate days.
35.1.4 In Whyalla, Boxing Day shall be celebrated in lieu of Proclamation Day. Where in any year Christmas Day falls on a Friday, Boxing Day in Whyalla shall be observed on the following Monday. Where in any year Christmas Day falls on a Saturday or a Sunday, Boxing Day in Whyalla shall be observed on the following Tuesday.
35.1.5 The provisions of this paragraph apply where employees work part of their ordinary hours on a public holiday. Such employees shall be paid for all hours so worked at the appropriate hourly rate at the rate of double time (double time and a half in the Northern Territory) for all hours so worked.
35.2. Public holidays and sick leave falling on rostered days off
35.2.1 When a public holiday falls on an employee’s Saturday off duty, the employee shall be paid for the ordinary hours for which the employee would have worked had it not been a rostered day off.
35.2.2 When a public holiday falls on an employee’s rostered day off (other than a Saturday), the employee shall by mutual agreement with the employer be paid in accordance with one of the following methods:
35.2.2(a) Payment of an additional day’s wages (as defined);
35.2.2(b) An additional day (as defined) to be added to the employee’s annual leave; or
35.2.2(c) An additional day (as defined) to be allowed off with pay to the employee within fourteen days of the holiday falling.
35.2.3 In the absence of mutual agreement between the employee and the employer, the provision contained in 38.2.1 above shall apply.
35.2.4 No additional payment shall be made to an employee if the employee is sick on the day or half-day off duty.
35.2.5 For the purpose of this clause additional day/s wages shall mean an additional day’s pay or time off (as the case may be) equivalent to the ordinary number of hours worked on the same day of the previous week.
35.3 Broken Hill and Associated Smelters Picnic Day in Port Pirie
35.3.1 If an employee (other than a casual employee) at Port Pirie is not required by the employer to work any part of the employee’s ordinary hours on Broken Hill and Associated Smelters Picnic Day (hereinafter referred to as Picnic Day) the employee is entitled to be absent from work on that day. An employee absent from work on Picnic Day in accordance with this clause must be paid the appropriate wages for the number of ordinary hours that the employee would have worked if it had not been Picnic Day.
35.3.2 Any employee who works any part of that employee’s ordinary hours on Picnic Day, shall be paid at the rate of double time for all hours so worked.
35.3.3 Where an employee at Port Pirie works overtime on Picnic Day, the employee must be paid at the rate of double time for all hours so worked, and shall be engaged for a minimum period of two hours.
35.4 Calculation of Rates
35.4.1 The basis for calculating double time rates to be paid for full-time and part-time employees shall be the appropriate weekly rate prescribed by clause 19 - Wages of this award divided by 38 and rounded off to the nearest cent, then multiplied by two.
35.4.2 The basis for calculating double time rates to be paid under this clause for casual employees shall be the appropriate weekly rate prescribed by clause 19 - Wages of this award, divided by 38 as increased by 20%. This result shall be rounded off to the nearest cent then multiplied by two.
