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AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002

25. HOLIDAYS AND SUNDAY WORK

25.1 Prescribed holidays - Public Transport deleted

[25.1 deleted by PR940174 ppc 03Oct03]

25.2 Prescribed holidays – Public Hospitals

An employee of a Public Hospital listed at Schedule A on weekly hiring shall be entitled to the following holidays without loss of pay:

25.3 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 25.1 or 25.2 above, those days shall constitute additional holidays for the purpose of this award.

25.4 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

25.5 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

25.6 When New Year’s Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.

25.7 An employer and his or her employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.

25.8 An agreement pursuant to 25.7 shall be recorded in writing and be available to every affected employee.

25.9 Payment for work on public holidays

Except as provided in 22.10 of this award an employee not engaged on continuous work shall be paid at the rate of double time and a half for work done on public holidays, such double time and a half to continue until the employee is relieved from duty.

25.10 Absence before or after a public holiday

Where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

25.11 Payment for work on Sundays

Except as provided in 22.10 of this award an employee not engaged on continuous work shall be paid at the rate of double time for work done on Sundays, such double time to continue until they are relieved from duty.

25.12 Rest pause - holidays and Sundays

An employee, other than a casual employee, not engaged in continuous work who works on a Sunday or a public holiday and (except for meal breaks) immediately thereafter continues such work shall on being relieved from duty be entitled to be absent until they have had ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.

25.13 Minimum payment - holidays and Sundays

Employees, other than on shift or engaged in maintaining the continuity of electric light and power or garage employees and/or drivers of tow and/or repair vehicles recalled for breakdown, accident or other emergency work, required to work on Sundays or public holidays shall be paid for a minimum of three hours work.

25.14 Crib time - holidays and Sundays

An employee not engaged on continuous work working on a Sunday or public holiday shall be allowed a crib time of twenty minutes without deduction of pay after each four hours of work, if the employee continues work after such crib time. Provided that where a day worker is required to work on a Sunday or public holiday the first prescribed crib time shall if occurring between 10.00 a.m. and 1.00 p.m. be paid at ordinary rates.

25.15 Meal allowance - holidays and Sundays

25.15.1 An employee not engaged on continuous work, required to work on a Sunday or public holiday for more than four hours without being notified on the previous day or earlier that they will be so required to work, shall either be supplied with a meal by the employer or paid the amount prescribed by 24.7 for the meal taken during each crib break. Provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

25.15.2 An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a Sunday or public holiday or is required to work for a lesser period of time than advised shall be paid the rates prescribed in this clause for meals which they have provided but which are surplus.

25.16 Seven day shift workers

A seven day or continuous shift worker, that is a shift worker who is rostered to work regularly on Sundays and holidays, when their rostered day off falls on a public holiday prescribed by this clause shall at the discretion of the employer, be paid for that day at the ordinary rate or have an additional day added to their annual leave. This clause shall not apply when the holiday on which they are rostered off falls on a Saturday or Sunday.

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