AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]
38.1 An employee on weekly hiring shall be entitled to holidays on the following days:
38.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day (except in South Australia, where Proclamation Day shall apply); and
38.1.2 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
38.1.3 One other holiday on the day fixed as follows:
38.1.3(a) Northern Territory - the day shall be Picnic Day.
38.1.3(b) Queensland - the day shall be Exhibition Day.
38.1.3(c) Victoria - Within 40 km of the GPO Melbourne - the day to be agreed to by the employer and the employees, and notified beforehand to the Union, and in default thereof the day upon which the Melbourne Cup is run.
In any other district - one day for which a whole or part holiday for the public service is gazetted for the district or, in default thereof, a day agreed to by the employer and employees concerned and notified beforehand to the Union.
38.1.3(d) South Australia - the day shall be allowed the third Monday in May (Adelaide Cup Day).
38.1.3(e) Tasmania - the day shall be allowed on Regatta Day in Southern Tasmania and on Bank holiday in Northern Tasmania.
38.1.3(f) Western Australia - the day shall be allowed on Foundation Day (State).
[38.1.4 substituted by PR951412 ppc 12Aug04]
38.1.4 In relation to full time workers whose ordinary hours are regularly rostered to be worked on a Saturday or Sunday, when substitution occurs because Christmas Day falls on a weekend, ordinary hours worked on 25 December will attract additional loading of half a normal day’s wage for a full day’s work in addition to the Saturday/Sunday rate and the employee will also be entitled to the benefits of the substituted public holiday.
38.1.5 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
38.1.6 When New Years Day or Australia Day is a Saturday or on a Sunday, a holiday in lieu thereof shall be observed on the next Monday.
38.2 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 38.1 those days shall constitute additional holidays for the purpose of this award.
38.2.1 By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.
38.2.2 An employer and individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise.
38.2.3 An agreement pursuant to 38.2.1 shall be recorded in writing and be available to every affected employee.
38.2.4 In the event of any dispute in reaching agreement pursuant to 38.2.1, the employer may apply to the Commission for approval of the agreement reached with his/her employees. Such an application must be made fourteen or more days before the prescribed holiday. After giving the employer and employees, or employee representative an opportunity to be heard, the Commission will determine the application.
38.3 No weekly employee who has, without the consent of his/her employer and without reasonable cause, absented himself from his/her employment on the day before or the day after a holiday, shall be free from deduction of pay in respect of such holiday.
38.4 For all time worked by a weekly employee on such holidays, payment shall be made at the following rates:
38.5 Payment for work on a holiday shall be in addition to any amount payable in respect of the weekly wage. Provided that, if an employee is required to work on a holiday other than Good Friday and Christmas Day during hours which, if the day were not a holiday, would be outside the range of ordinary working time as mentioned in clause 35 - Overtime of this award, he/she shall be paid for such hours at double time and a half instead of the ordinary time and a half as herein before provided in this subclause. Provided further that he/she shall be paid treble time for all overtime worked on Good Friday and Christmas Day.
38.6.1 For all time worked by a casual employee on such holidays, payment shall be made at the following rates:
38.6.2 The minimum payment shall be as for four hours work. As well as the payment prescribed in this subclause, the additional rate prescribed by clause 12 - Contract of Employment, shall be paid.
38.7 Where a weekly employee is entitled to any holiday prescribed by this clause, his/her employer shall notify such employee on the working day immediately preceding such holiday if his/her services are required thereon, and if such notice be not given the employee shall be entitled to take such holiday without deduction of pay.
38.8 If an employer intends to carry on business on a day generally observed as a holiday although not prescribed as such in this award, he/she shall not be entitled to make a deduction from the wages of any weekly employee who fails to present himself for duty on that day unless he/she shall have given the employee notice of his/her intention to carry on business on that day.
38.9 For the purpose of 38.1 of this clause, eight hours shall be deemed to be a day’s pay.
38.10 No employee shall be dismissed by an employer for the express purpose of avoiding payment for a holiday as prescribed by this clause.
