AP836954 - Medibank Private Limited Award 2004

25. PUBLIC HOLIDAYS

25.1 Days observed

Employees other than casuals will be entitled to the following holidays each year without loss of pay:

• 1 January (New Year’s Day) or, if that day falls on a Saturday or Sunday, the following Monday;
• 26 January (Australia Day) or, if that day falls on a Saturday or Sunday, the following Monday;
• Good Friday and the following Saturday and Monday;
• 25 April (Anzac Day), or where another day is substituted by state or territory governments, that day;
• in each state and territory, the day observed to celebrate the anniversary of the birthday of the Sovereign;
• the day variously called Eight Hour Day, Labor Day, Labour Day, or May Day as proclaimed by State or Territory governments;
• 25 December (Christmas Day) or, if that day falls on a Saturday or Sunday, 27 December;
• 26 December (Boxing Day) or, if that day falls on a Saturday or Sunday, 28 December; and

an additional day within the Christmas/New Year period according to the following table:

Christmas Day	Additional day
Sunday	Wednesday 28 December
Monday	Wednesday 27 December
Tuesday	Monday 31 December
Wednesday	Friday 27 December
Thursday	Monday 29 December
Friday	Tuesday 29 December
Saturday	Wednesday 29 December

25.2 Local public holidays (other than Victoria)

Employees in a state or territory other than Victoria will be entitled to up to two local public holiday(s) each year without loss of pay when:

25.2.1 those days are declared under state or territory law and gazetted in the Government Gazette; and

25.2.2 they are observed by the whole of the community in the state or territory, (or relevant part of the state or territory).

Two half-day public holidays equal one public holiday for the purpose of 25.2.

25.3 Melbourne Cup Day in the State of Victoria

Employees in Victoria will be entitled to a full day holiday on the day the Victorian Government gazettes as the Melbourne Cup holiday without loss of pay.

25.4 Local public holidays in the State of Victoria

Employees in the State of Victoria will be entitled to one local public holiday each year without loss of pay when:

25.4.1 the day is declared under state law and gazetted in the Government Gazette; and

25.4.2 it is to be observed by the whole of the community in the state, (or relevant part of the state).

Two half-day public holidays equal one public holiday for the purpose of this clause.

25.5 Variations

25.5.1 Where the Medibank and a majority of affected employees agree, another day may be substituted for any holiday prescribed under this clause. The agreement reached is to be recorded in writing.

25.5.2 Cultural or religious days of significance

25.5.2(a) Where Medibank and the employee agree, a cultural or religious day of significance to the employee may be substituted for any holiday prescribed under this clause.

25.5.2(b) Make-up time

Where an employee cannot work on a day for which a substituted holiday has been granted, the affected employee will work make-up time at times to be agreed without entitlement to overtime payment.

25.6 Duty on both Christmas Day and substituted holiday

Where an employee works on both Christmas Day and a substitute holiday, one day will attract payment at the public holiday rate and the other day will be paid at the non-holiday Saturday or Sunday rate as appropriate.

25.7 Total number of public holidays

The number of national and local public holidays that can be observed in any calendar year by employees in any locality cannot exceed 13 days.