AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
34.1 Prescribed public holidays
Employees other than casual are entitled to the following holidays without loss of pay:
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 relevant States, Territories and localities: Australia Day, Anzac Day, Queen’s Birthday and Eight Hours’ Day or Labour Day; and
34.1.3 one other day on the day fixed as follows Northern Territory - Picnic Day; Queensland - Exhibition Day; Victoria - Cup Day; New South Wales - August Bank Holiday; Western Australia - Foundation Day (State); Tasmania - Regatta Day in Southern Tasmania, and Exhibition Day in Northern Tasmania; South Australia - third Monday in May (Adelaide Cup Day); Australian Capital Territory - Canberra Day.
34.1.4 In other areas the appropriate show day or such other day that is generally observed in the locality may be substituted for any of the above days.
34.1.5 Any additional days declared or prescribed as public holidays in a State, Territory or Locality.
[34.2 substituted by PR950920 ppc 27Aug04]
34.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December. 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 an 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.
34.3 When Boxing Day is a Saturday or a Sunday a holiday in lieu must be observed on 28 December.
34.4 When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu must be observed on the next Monday.
34.5 Another day may be substituted for any day prescribed in this paragraph by agreement between Virgin Tech and the union where applicable; or Virgin Tech and a majority of the affected employees.
34.6 If an agreement is made between Virgin Tech and a majority of its affected employees to substitute a day prescribed in this subclause, the agreement must be in writing and available to every affected employee. The union must be informed of the agreement. The union will not unreasonable refuse to accept the agreement. Any unresolved dispute will be referred to the Commission for resolution.
34.7 Public holidays - minimum payment
34.7.1 A non-shift worker working on a public holiday must be paid at the rate of double time and a half.
34.7.2 A shift worker who is required to work on a public holiday will be paid at the rate of double time for all time worked on that day, except where it is Good Friday or Christmas Day where the employee will be paid at double time and a half for all hours worked.
34.7.3 Employees working on a public holiday must be paid for a minimum of four hours work.
34.7.4 Work performed on a rostered shift the major portion of which is performed on a Sunday or a holiday will be paid for at the rate of double time.
34.8 Rostered off day falling on a public holiday
If a public holiday falls on a day on which a shift worker is rostered off, the employee is entitled to a day off in lieu at ordinary time. The employee must apply to Virgin Tech for the day off in lieu. The day off must:
34.9 Rest period after work on a public holiday
An employee, other than a casual employee, who works on a public holiday must be given a break of at least ten consecutive hours between the time of finishing work and the time when the employee next commences work. An employee must not lose pay for any ordinary time lost by reason of this break.
34.10 Absence before or after a holiday
If an employee is absent from work on the working day before and/or after a public holiday without reasonable excuse or without the consent of Virgin Tech, the employee is not entitled to be paid for the public holiday.
