AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
34.1 Prescribed holidays
Employees other than casual employees will be entitled to the following public holidays without loss of pay, namely:
34.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
34.1.2 The following days, as prescribed in the Territory: Australian Day, Anzac Day, Queen’s Birthday and Eight Hours’ Day or Labour Day; and
34.1.3 One other day fixed as follows: Canberra Day or in lieu by agreement between the parties, Union Picnic Day being the first Monday in March.
34.2 Substitution
34.2.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
34.2.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
34.2.3 When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.
34.3 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 34.1 and 34.2 above, those days shall constitute additional holidays for the purpose of this award.
34.4 An employer, with the agreement of the union(s) which is (are) party to this award, may substitute another day for any prescribed in this clause.
34.4.1 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.
34.4.2 An agreement pursuant to 34.4.1 shall be recorded in writing and be available to every affected employee.
34.4.3 The union(s) which is (are) party to this award shall be informed of an agreement pursuant to 34.4.1 and may within seven days refuse to accept it. The union(s) will not unreasonable refuse to accept the agreement.
34.4.4 If a union, pursuant to 34.4.3 refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the union.
34.4.5 If no resolution is achieved to 34.4.4, 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 union(s) an opportunity to be heard, the Commission will determine the application.
34.5 Absence before or after a holiday
Absence from duty owing to illness or other reasonable causes, for periods immediately preceding or succeeding the holidays or where application is made for leave and the leave is approved, will render an employee eligible for payment for the public holiday or holidays occurring within the period of absence.
34.6 Payment for holidays
Payment must be the amount the employee would have received had the day not been a holiday and he/she had worked thereon for the usual time of the day.
34.7 Employees working 38 hours a week but not on a Saturday, will not receive pay if the holiday falls on a Saturday.
34.8 Day off falling on a holiday
34.8.1 Employees allowed a holiday specified in this award will be considered as to have worked in the week in which the holiday falls the number of ordinary working hours that he/she would have worked had the day not been a holiday. However any employee whose roster is changed with the intent of avoiding or reducing payment due or the benefit available under this clause and who would, but for the change of roster, have been entitled otherwise to a payment or benefit for a public holiday or holidays must be paid for that holiday or holidays as if his/her roster had not been changed.
34.8.2 Where an employee’s day off falls on a day prescribed as a holiday in 34.1, the employee is entitled to be paid by mutual agreement between the employer and the employee in one of the following methods:
34.8.2(a) Payment of an additional day’s wages;
34.8.2(b) Addition of one day to the employee’s annual holidays;
34.8.2(c) Another day may be allowed off with pay to the employee within 28 days after the holiday falls, or during the week before the holiday.
34.8.3 Paragraph 34.8.2 does not apply to an employee who is rostered on the same days each week.
34.8.4 For the purpose of 34.8, day means the average number of hours in the employee’s normal roster cycle worked by the employee before the day on which the public holiday falls.
