AP825433 - Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Clerical and Administrative Employees Award 2003
29.1 Permanent employees shall be entitled, without loss of pay, to public holidays as observed in each state as follows:
29.2 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 such proclaimed or gazetted holiday is to be observed generally by persons throughout the State or Territory or a locality.
29.3 The following days shall be taken in addition to the days named above, or in lieu of where stated:
29.3.1 Victoria - Melbourne Cup Day.
29.3.2 Western Australia - Foundation Day.
29.3.3 Northern Territory - Show Day as regionally observed.
29.3.4 South Australia - the third Monday in May (Adelaide Cup).
29.3.5 Tasmania - Show Day.
29.3.6 New South Wales - Picnic Day shall be on the first Tuesday of November in any year, or on any other day by agreement with the union.
29.3.7 Australian Capital Territory - Canberra Day.
29.3.8 Queensland - Exhibition (People's Day) as regionally observed.
29.4 If by Act of Parliament or by Proclamation or gazette by the Commonwealth, State or Territory Government, a public holiday listed in 29.1 or 29.3, 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 29.1 or 29.3, shall be deemed to be altered accordingly.
29.5 Substitution
29.5.1 For all purposes of the award, if any other day be by Act of Parliament, Proclamation, or Gazette, by the Commonwealth, State or Territory Government, substituted for any of the above named holidays the provisions of this clause relating to such holiday shall apply only to the day so substituted, provided that, if no substituted day be decreed by Act of Parliament or Proclamation the following shall occur:
29.5.1(a) 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;
29.5.1(b) where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day; and
29.5.1(c) where New Year's Day or Australia Day fall on a Saturday or on a Sunday, the following Monday shall be observed as New Year's Day or Australia Day as the case may be.
29.5.2 Where such days are substituted, the relevant Saturday and/or Sunday shall be deemed not to be a holiday.
29.5.3 Provided that by agreement between the Company and the Union a public holiday may be celebrated on an agreed date in a State or Territory.
29.6 Where a department does not open for trade on a public holiday, and an 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 (including shift loadings for shift workers) for the hours normally rostered to work.
29.7 Where a department opens for operations 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 29.6.
29.8 Rostered day off
29.8.1 Where an employee is rostered so that they do not work their ordinary hours on the same days each week and any of their rostered days off fall on a holiday, they shall be paid by mutual agreement by one of the following methods:
29.8.1(a) payment of an additional day's wages;
29.8.1(b) addition of one day to the employee's annual holidays;
29.8.1(c) another day may be allowed off with pay to the employee within 28 days after the holiday falls, or during the week prior to the holiday.
29.8.2 In respect of full-time and part-time employees, day shall mean the average number of hours rostered per day by the employee prior to the public holiday in the four week cycle.
29.9 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 the Company 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.
29.10 Shift over day divide
29.10.1 Where the majority of an employee's rostered shift falls on a public holiday, the entire shift shall be regarded as the public holiday for all purposes of the award.
29.10.2 Where an employee is rostered for a shift with an equal number of hours on a public holiday and on the day before a public holiday, the entire shift shall be treated as a public holiday for all purposes of the award.
29.10.3 Where an employee is rostered for a shift with an equal number of hours on a public holiday and the day after a public holiday, the entire shift shall be treated as a normal shift for all purposes of the award.
29.11 Where a permanent employee who is normally rostered to work on a Saturday or Sunday, they shall be paid at the Saturday or Sunday rate for work performed on the Saturday or Sunday when substitution is prescribed, except that when the actual day is Christmas Day the employee should receive a loading of 50%.
