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AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]

22. PUBLIC HOLIDAYS

22.1 Except as otherwise provided in this award if an employee is required to work on a holiday he/she shall be paid at two and a half times the ordinary prescribed rate.

22.2 No deduction shall be made from the wages of an employee engaged by the week because of his/her not working on a holiday.

22.3 In this award unless the contrary intention appears, the expression holiday means any of the following days:

22.4 In Western Australia

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Birthday of the Sovereign, Christmas Day, Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in respect to Western Australia.

22.5 Where consequent upon any visit to Australia by Her Majesty the Queen or any other member of the Royal Family, a holiday is proclaimed by Order in Council or otherwise gazetted by the authority of the Australian Government or of a State Government under any State Act throughout any Australian Territory or any State or part thereof, such day shall within the defined locality, be deemed to be a holiday for the purposes of this award. Provided that an employee shall not be entitled to the benefit of more than one holiday consequent upon such visit.

22.6 Where in a State or Territory or locality within a State or Territory an additional 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 that State or Territory or a locality thereof, other than by those covered by Federal awards, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purpose of this award, for employees covered by this award who are employed in the State, Territory or locality in respect of which the holiday has been proclaimed or ordered as required.

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