AP838502 - Post Fulfilment Online Consent Award 2004
31.1 Permanent employees shall be entitled, without loss of pay, to public holidays as observed in each State as follows:
31.2 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 and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State or Territory or a locality.
31.3 The following days shall be taken in addition to the days named above, or in lieu of where stated:
31.3.1 Victoria - in addition, Melbourne Cup Day.
31.3.2 Western Australia - in addition, Foundation Day.
31.3.3 Northern Territory - Picnic Day and Show Day as regionally observed.
31.3.4 South Australia - in addition, the third Monday in May (Adelaide Cup) and Picnic Day, Port Pirie.
31.3.5 Tasmania - in lieu of Easter Saturday, Show Day and in addition Hobart Regatta Day (south of Oatlands) or Recreation Day (where Hobart Regatta Day is not observed).
31.3.6 New South Wales - in addition, picnic day shall be on the first Tuesday of November in any year, or on any other day agreed to by the union.
31.3.7 Australian Capital Territory - in addition, Union Picnic Day with such day to be observed on the first Monday of March in each year and Canberra Day.
31.4 If by Act of Parliament or by Proclamation or Gazette by the Commonwealth, State or Territory Government a public holiday listed in clause 31.1 or clause 31.3 above, 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 clause 31.1 or clause 31.3 above shall be deemed to be altered accordingly.
31.5 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:
31.5.1 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;
31.5.2 where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day;
31.5.3 where New Year’s Day falls on a Saturday or on a Sunday, the following Monday shall be observed as New Year’s Day;
Where such days are substituted, the relevant Saturday and/or Sunday shall be deemed not to be a holiday.
Irrespective of anything else stated in this clause, if by Act of Parliament, Proclamation, or Gazette, by the Commonwealth, State or Territory Government, a public holiday is to be observed on the day on which it falls then that day shall be the public holiday.
Provided that PFO may, with the agreement of the majority of employees, agree to a public holiday being celebrated on some other date in a State or Territory.
31.6 Where a store 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 as appropriate) for the hours normally rostered to work.
31.7 Where a store opens for trade 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 clause 31.6 above.
31.8 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:
31.8.1 payment of an additional day’s wages;
31.8.2 addition of one day to the employee’s annual holidays;
31.8.3 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.
A part time employee who works 20 starts per four week cycle, whose non-working day falls on a holiday, shall be entitled to the provisions of clause 31.8.1, 31.8.2 or 31.8.3.
For the purpose of this paragraph for full-time employees, day shall mean eight hours for an employee working 19 days in a four week cycle or 7.6 hours for an employee working 20 days in a four week cycle. In respect of 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.
31.9 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 PFO 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.
31.10 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.
31.10.1 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.
31.10.2 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.
