AT773671CRV - Community Pharmacy Award 1998 [Transitional]
29.1 Public Holidays
29.1.1 Full-time and part-time employees shall be entitled, without loss of pay, to holidays on the following days:
29.1.1(a) New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
29.1.1(b) The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen’s Birthday and Eight Hours’ Day or Labour Day; and
29.1.1(b)(i) In Victoria - Melbourne Cup Day (the first Tuesday in November), provided that where a local day is proclaimed or gazetted in the locality, the local day shall be taken as a public holiday in lieu of Melbourne Cup Day.
29.1.1(b)(ii) In New South Wales - Picnic Day (the first Tuesday in November, or on any other day mutually agreed to between the employer and the employee).
29.1.1(b)(iii) In Queensland - the local annual agricultural, horticultural or industrial show.
29.1.1(b)(iv) In South Australia - Adelaide Cup Day (the third Monday in May).
29.1.1(b)(v) In Tasmania - Hobart Regatta Day (south of Oatlands) and Recreation Day where Hobart Regatta Day is not observed.
29.1.1(b)(vi) In Western Australia - Foundation Day.
29.1.1(b)(vii) In Australian Capital Territory - Canberra Day or in lieu by agreement between the parties, Union Picnic Day being the first Monday in March.
29.1.2 Holidays in lieu
29.1.2(a) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
29.1.2(b) When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
29.1.2(c) 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.
29.1.3 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 29.1.1 and 29.1.2 above, those days shall constitute additional holidays for the purpose of this award.
29.1.4 An employer, with the agreement of the Associations or Union which are party to this award, may substitute another day for any prescribed in this clause.
29.1.4(a) 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.
29.1.4(b) An agreement pursuant to 29.1.4(a) shall be recorded in writing and be available to every affected employee.
29.1.4(c) The Associations and Union which are party to this award, shall be informed of an agreement pursuant to 29.1.4(a) and may within seven days refuse to accept it. The Associations, or Union, will not unreasonably refuse to accept the agreement.
29.1.4(d) If the Associations or the Union, pursuant to 29.1.4(c), refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees, the Association and the Union.
29.1.4(e) If no resolution is achieved pursuant to 29.1.4(d), the employer may apply to the Commission for approval of the agreement reached with his or her employees. Such an application must be made fourteen or more days before the prescribed holiday. After giving the employer and the Associations and the Union opportunity to be heard, the Commission will determine the application.
29.2 Full-time employees who do not regularly work a five-day, Monday - Friday week
29.2.1 Such an employee will not be disadvantaged by the fact that a prescribed holiday falls upon a day when the employee would not be working. The appropriate compensation is:
29.2.1(a) An alternative “day off”; or
29.2.1(b) An addition of one day to annual leave; or
29.2.1(c) An additional day’s wages.
29.2.2 Where a full-time employee normally works on Saturdays and/or Sundays and a public holiday falls on the weekend and is the subject of a substitution provision, the employee shall either:
29.2.2(a) Have the “actual” day off without loss of pay, with no additional entitlement to the substitute day; or
29.2.2(b) If required to work on the “actual” day, be paid the normal Saturday or Sunday rate and be entitled to the substitute day, or if the substitute day falls on the employee’s normal “day off”, an alternative day off (as per 29.2.1 above).
29.2.2(c) If required to work on both the “actual” day and the substitute day be paid the normal Saturday or Sunday rate for work on the “actual” day and in recognition of the work performed on the substitute day receive either:
29.2.2(c)(i) An alternative “day off”; or
29.2.2(c)(ii) An addition of one day to annual leave; or
29.2.2(c)(iii) Payment of public holiday rates for the day’s work.
29.2.3 For the purpose of this subclause “an alternative day off”, “an addition of one day to annual leave” or “an additional days’ wages” shall mean 7.6 hours.
29.2.4 Full-time employees who do not work a five day week should get the hours that they work and 7.6 hours where holidays fall on days they do not work.
29.3 Non-casual part-time employees
29.3.1 Where the normal roster of a part-time employee includes a day which is a holiday the employee should either enjoy the holiday without loss of pay or receive the appropriate public holiday rate for working on it.
29.3.2 Where a part-time employee normally works on Saturdays and/or Sundays and a public holiday falls on the weekend and is the subject of a substitution provision, the employee shall either:
29.3.2(a) Have the “actual” day off without loss of pay, with no additional entitlement to the substitute day; or
29.3.2(b) If required to work on the “actual” day, be paid at the normal Saturday or Sunday rate and be entitled to take another day, which may or may not be the prescribed substitute day, as a holiday or receive payment at ordinary-time rates for an additional day of equal length.
29.3.3 A part-time employee who works an average five days per week, but whose roster is not a regular Monday to Friday roster, will not be disadvantaged by the fact that a prescribed holiday falls upon a day when the employee would not be working. The appropriate compensation is:
29.3.3(a) An alternative ‘day off’; or
29.3.3(b) An addition of one day to annual leave; or
29.3.3(c) An additional day’s wages.
29.3.4 For the purposes of this clause ‘day off’ shall mean the average number of hours rostered per day by the employee in the four week cycle prior to the public holiday.
29.4 When Christmas falls on a Saturday or Sunday
Permanent full-time and part-time employees required to work on 25 December shall receive the Saturday or Sunday rate (as appropriate) plus a loading of 50 per cent (of the ordinary time rate) and be entitled to the benefit of a substitute day.
29.5 Casual employees
No special provisions apply to substitute days.
