Annual Leave and Public Holidays. (i) Annual leave shall accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year. (a) Employees required to work on a seven (7) day basis – six (6) weeks annual leave per annum. (b) All other employees – four (4) weeks annual leave per annum. (a) An employee to whom paragraph (a) of subclause (i) applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday. (b) To leave prescribed by paragraph (a) of subclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave. (c) A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (1) on full pay; provide that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ work, and any balance of the day or shift not worked shall be paid at ordinary rates. (d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 7, Definition, of this Agreement, and who received four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) of this clause, such shift work shall be paid ne day’s pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave. (e) To the leave prescribed by paragraph (b) of subclause (i) there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave. (iii) For the purpose of this subclause the following are to be public holidays, viz: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated. (a) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur (1) On the August Bank Holiday; or (2) On a date which is agreed between the employer and employees and if requested by the employees any nominated representative which may be an NSWNMA representative. (3) As an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it is not gazetted as a public holiday. (1) A day in addition to the eleven (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or (2) Two half days in addition to the eleven (11) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays. (b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) 21.1. Annual leave shall will accrue progressively during a year in accordance with the provisions of service according to the employee’s ordinary hours of work and accumulates from year to yearNES.
(a) Full Time Employees required to work on a seven (7) day basis – will accrue six (6) weeks annual leave per annum. This entitlement includes the additional week of annual leave provided for under the NES for shiftworkers (as defined at subclause (a)(1).
(1) For the purposes of the NES and this clause, a shiftworker is defined as an Employee who is regularly rostered to work over seven days of the week; and regularly works on weekends.
(b) All other employees full-time and part-time Employees – will accrue four (4) weeks annual leave per annum.
(a) An employee Employee to whom paragraph (a) of subclause (i) 21.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate penalty for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 21.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) 21.3 of this clauseClause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying accrual period for annual leave or during the period of annual leave.
(c) A Employees covered by subclause 21.1(b) will be paid the following for a public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause day:
(1) Where the Employee does not work on full pay; provide the public holiday, the Employee will be paid at their ordinary rate for their ordinary hours of work on that an employee who day.
(2) Where the Employee is required to and does work on a the public holiday shall holiday, the Employee will have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of time and one half time extra of their ordinary rate of pay for the time actually worked.
(3) Where the Employee elects, and the Employer agrees, instead of adding to their annual leave as set out in subclause (2), the Employee will be paid for the time actually worked at the rate of double time and one half of their ordinary rate of pay. Such election will be made on the commencement of employment and then on the anniversary date each year, and may be altered during the year only by agreement with the Employer. Where payment is made in accordance with this subclause, payment shall be made for a minimum of four (4) hours’ work, and any balance of ordinary hours on the day or shift not worked shall be paid at the ordinary rate of pay.
(4) The payment set out in subclauses (2) and (3) is in lieu of any additional rate of penalty for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a full-time shift worker as defined in Clause 7, Definition5 Definitions, of this Agreement, and who received is engaged to work ordinary shifts 5 days per week and who receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 21.1 of this clauseClause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee Employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 21.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) 21.3. For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In in addition to those public holidays prescribed in subclause (iii) 21.3 of this clauseClause, employees Employees are entitled to an extra public holiday each year. Such public holiday will occur:
(1) On on the August Bank Holiday; or
(2) On on a date which is agreed between upon by the employer and employees respective Employees and if requested nominated by the employees any Employee, the Employee’s nominated representative which may be an NSWNMA a union representative., and approved by the Employer;
(3) As if determined by the Employer, as an additional public holiday between Christmas Day and New Yearthe seventh day of January in the following calendar year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday;
(4) an Employee may substitute the August Bank Holiday with a nominated religious or significant holiday upon approval from the Employer. Where the gazetted holiday is nominated to be a substituted public holiday and the Employee is rostered to work and does work on the nominated substitute public holiday they will be paid at double time and one half.
(b) Where the Employee is not rostered to, nor required to work, on the substituted public holiday the Employee will be paid at ordinary time.
(c) Applications for the August Bank Holiday or the substituted public holiday shall be made to Human Resources in writing by 31 March of each year.
(d) The foregoing does not apply in areas where in each year:
(1) A a day in addition to the eleven (11) named public holidays specified in subclause (i) 21.3 is proclaimed and observed as a public holiday; or
(2) Two two half days in addition to the eleven (11) named public holidays specified in subclause (i) 21.3 are proclaimed and observed as half public holidays.
(be) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) 21.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) 19.1 Annual leave shall will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.is granted on full pay:
(a) Employees required to work on a seven (7) 7 day basis – six (6) will be given 6 weeks annual leave per annum.leave;
(b) All other employees – four (4) weeks annual leave per annumwill be given 4 weeks.
(a) An employee to whom paragraph (a) of subclause (i) clause 19.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) clause 19.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) 10 specifically named public holidays prescribed by subclause (iii) clause 19.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying accrual period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (1) clause 19.1 on full pay; provide pay provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ 4 hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 72, DefinitionDefinitions, of this Agreement, and who received four (4) receives 4 weeks annual leave in accordance with paragraph (b) of subclause (i) of this clauseclause 19.1, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) clause 19.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; leave provided that in the case of a shift worker referred to in paragraph (d) of this subclause subclause, the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
19.3 Public holidays observed under this Agreement are:
(iiia) For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed or half day declared under the Public Holidays Act 2010 (NSW) (or its successor) as a public holiday or a local event day within the area in which the hospital Hospital is situated., and
(ab) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an An extra public holiday each year. Such public holiday will occur
(1) On year on the August Bank Holiday; or
(2) On holiday or on a date which is agreed between by the employer and respective employees and if requested by the employees an employee any nominated representative which may be an NSWNMA a union representative.
(3) As an . This additional public holiday day may be taken by agreement between Christmas and New Year; the 5th day of the new calendar year, provided that such day is placed between Monday to and Friday (inclusive) and it which is not gazetted as a public holiday.. This extra (August Bank holiday) public holiday does not apply in areas where in each year: a local event day is declared and observed under the Public Holidays Act 2010 (NSW)(or its successor), or 2 half local event days are declared and observed,
(1) A day in addition to the eleven (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2) Two half days in addition to the eleven (11) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.
(bc) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) local event is proclaimed declared and observed as a half public holiday for the purposes of this Agreement the whole day is to be regarded and observed as a public holiday holiday, and no additional extra (August Bank holiday) public holiday which would otherwise apply as a result of this subclause in accordance with (b) above will be observed.
19.4 Credit of time towards an allocated day off duty shall not accrue when an employee is absent in accordance with clause 19.
1. Employees entitled to allocated days off duty in accordance with Clause 4, Hours of Work and Free Time of Employees, of this Agreement shall accrue credit towards an allocated day off duty in respect of each day those employees are absent on additional annual leave in accordance with clauses 19.2(b) and 19.3(c) of the Agreement.
19.5 Annual leave shall be given and shall be taken either in one consecutive period or 2 periods neither of which shall be less than one week, or if the employer and employee so agree in either 2, 3 or 4 separate periods, but not otherwise.
19.6 The employer shall give each employee, where practicable, 3 months notice of the date upon which she or he shall enter upon leave, and in any event such notice shall not be less than 28 days.
(a) Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is entitled under this Agreement. Where an employee has any period of permanent part-time employment during any 12 month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours.
(b) An employee to whom paragraph (a) of clause 19.1 applies shall be paid during the first 28 consecutive days whilst on annual leave their ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave. Additional annual leave accrued under clause 19.9 attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of clause 19.2 and 19.4.
19.8 Where the employment of an employee is terminated the employee shall be entitled to receive, in addition to all other amounts due, their ordinary pay for that period of employment together with payment for any days added to annual leave in accordance with clause 19.2.
(a) In addition to the leave prescribed by clause 19.1 employees who work their ordinary hours on Sundays and/or public holidays are entitled to receive additional annual leave as follows: Additional Annual Leave provided that an employee may elect to be paid an amount equivalent to the value of their additional leave entitlement in lieu of taking the additional leave. Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.
(b) On termination of employment employees are to be paid for any untaken annual leave due under this subclause together with payment for any leave in respect of an uncompleted year of employment calculated in accordance with this subclause together with payment for any untaken annual leave due in accordance with clause 19.8.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) Annual leave shall will accrue progressively during on a year of service according pro rata basis and be credited to the employee’s ordinary hours employee progressively in accordance with the provisions of work and accumulates from year to yearthe National Employment Standards (NES) contained in the Fair Work Xxx 0000.
(a) Employees required to work on a seven (7) day basis – - six (6) weeks annual leave per annum.
(b) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (1i) on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 75, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Labor Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1) On on the August Bank Holiday; or
(2) On on a date which is agreed between upon by the employer and respective employees and if requested by or their workplace representatives and the employees any nominated representative which may be an NSWNMA representative.respective employers;
(3) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. The foregoing does not apply in areas where in each year:
(14) A a day in addition to the eleven (11) named public holidays specified in subclause (iiii) is proclaimed and observed as a public holiday; or
(25) Two two half days in addition to the eleven (11) named public holidays specified in subclause (iiii) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Nurses & Midwives’ Enterprise Agreement 2015 – 2019
Annual Leave and Public Holidays. (i) Annual leave shall accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
(a) Employees required to work on a seven (7) day basis – shall accrue six (6) weeks annual leave per annum.
(b) All other employees – shall accrue four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) 11 specifically named public holidays prescribed by subclause (iii) of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying accrual period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (1i) on full pay; provide pay provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ 4 hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 78, DefinitionDefinitions, of this Agreement, and who received four (4) receives 4 weeks annual leave in accordance with paragraph (b) of subclause (i) of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; leave provided that in the case of a shift worker referred to in paragraph (d) of this subclause subclause, the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) For the purpose of Public holidays observed under this subclause the following are to be public holidays, viz: Agreement are:
(a) New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed or half day declared under the Public Holidays Act 2010 (NSW) (or its successor) as a public holiday or a local event day within the area in which the hospital Hospital is situated., and
(ab) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an An extra public holiday each year. Such public holiday will occur
(1) On year on the August Bank Holiday; or
(2) On holiday or on a date which is agreed between by the employer and respective employees and if requested by the employees an employee any nominated representative which may be an NSWNMA a union representative.
(3) As an . This additional public holiday day may be taken by agreement between Christmas and New Year; the 5th day of the new calendar year, provided that such day is placed between Monday to and Friday (inclusive) and it which is not gazetted as a public holiday.. This extra (August Bank holiday) public holiday does not apply in areas where in each year: ▪ a local event day is declared and observed under the Public Holidays Act 2010 (NSW)(or its successor), or ▪ 2 half local event days are declared and observed,
(1) A day in addition to the eleven (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2) Two half days in addition to the eleven (11) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.
(bc) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) local event is proclaimed declared and observed as a half public holiday for the purposes of this Agreement the whole day is to be regarded and observed as a public holiday holiday, and no additional extra (August Bank holiday) public holiday in accordance with (b) above will be observed.
(iv) Credit of time towards an allocated day off duty shall not accrue when an employee is absent in accordance with subclause (i) of this clause. Employees entitled to allocated days off duty in accordance with Clause 27, Hours of Work and Free Time of Employees, of this Agreement shall accrue credit towards an allocated day off duty in respect of each day those employees are absent on additional annual leave in accordance with subclauses (ii)(b) and subclause (ii)(c) of the Agreement.
(v) Annual leave shall be given and shall be taken either in one consecutive period or 2 periods neither of which shall be less than one week, or if the employer and employee so agree in either 2, 3 or 4 separate periods, but not otherwise.
(vi) The employer shall give each employee, where practicable, 3 months notice of the date upon which she or he shall enter upon leave, and in any event such notice shall not be less than 28 days.
(a) Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is entitled under this Agreement.
(b) An employee to whom paragraph (a) of subclause (i) applies shall be paid during the first 28 consecutive days whilst on annual leave her or his ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would otherwise have worked if they had not been on annual leave. Additional annual leave accrued under subclause (x) attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause (ii) and subclause (iv) of this clause.
(viii) Annual leave credited to an employee in accordance with paragraph (a) and (b) of subclause (i), paragraph (c) of subclause (ii), paragraph (a) of subclause (x) and paragraph (a) of subclause (xi) of this clause may be cashed out by agreement, subject to the following conditions:
(a) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and
(b) no more than 3 weeks annual leave can be cashed out at any one time but a greater amount can be cashed out by agreement with the Director of Nursing; and
(c) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee and must be made 2 weeks prior to the first full pay period on or after 1 December; and
(d) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone, and
(e) the cashing out of annual leave will only occur in the first full pay period on or after 1 December each year.
(ix) Where the employment of an employee is terminated the employee shall be entitled to receive, in addition to all other amounts due, in respect of service of less than one year an amount equal to one-twelfth (6/46ths in respect of employees rostered to work on a 7 day basis) of her or his ordinary pay for that period of employment together with payment for any days added to annual leave in accordance with subclause (ii) of this clause, and in calculating such payment no deduction is to be made for accommodation or board.
(a) In addition to the leave prescribed by subclause (i) employees who work their ordinary hours on Sundays and/or public holidays are entitled to receive additional annual leave as a result follows: Additional Annual Leave provided that an employee may elect to be paid an amount equivalent to the value of their additional leave entitlement in lieu of taking the additional leave. Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.
(b) Accrual of additional annual leave under this subclause will be observedcredited to the employee on the first full pay period on or after 1 July each year.
(c) On termination of employment employees are to be paid for any untaken annual leave due under this subclause together with payment for any leave in respect of an uncompleted year of employment calculated in accordance with this subclause together with payment for any untaken annual leave due in accordance with subclause (ix).
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) Annual leave shall will accrue progressively during on a year of service according pro rata basis and be credited to the employee’s ordinary hours employee progressively in accordance with the provisions of work and accumulates from year to yearthe NES contained in the FW Act.
(a) Employees required to work on a seven (7) day basis – - six (6) weeks annual leave per annum.
(b) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (1i) on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 76, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1) On on the August Bank Holiday; or
(2) On on a date which is agreed between upon by the employer and respective employees and if requested by or their workplace representatives and the employees any nominated representative which may be an NSWNMA representative.respective employers;
(3) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. The foregoing does not apply in areas where in each year:
(14) A a day in addition to the eleven (11) named public holidays specified in subclause (iiii) is proclaimed and observed as a public holiday; or
(25) Two two half days in addition to the eleven (11) named public holidays specified in subclause (iiii) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to be regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) 28.1 Annual leave shall will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
(a) Employees required to work on a seven (7) day basis – shall accrue six (6) weeks annual leave per annum.leave;
(b) All other employees – shall accrue four (4) weeks annual leave per annumleave.
(a) An employee to whom paragraph (a) of subclause (i) 28.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 28.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) 28.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (1) 28.1 on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ (4) hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 76, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 28.1 of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 28.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) 28.3 For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) 28.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1i) On on the August Bank Holiday; or
(2ii) On on a date which is agreed between upon by the employer and respective employees and if requested nominated by the employees any nominated representative which may be an NSWNMA employee, the employee’s Nurses Association (NSW) branch representative.;
(3iii) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. The foregoing does not apply in areas where in each year:
(1i) A a day in addition to the eleven (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(ii) two (2) Two half days in addition to the eleven (11) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11eleven(11) named public holidays specified in subclause (iii) 28.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) Annual leave shall accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
(a) Employees required to work on a seven (7) day basis – Shiftworkers shall accrue six (6) weeks annual leave per annum. This entitlement includes the additional week of annual leave provided by the NES.
(1) For the purposes of the NES, a shiftworker is defined as an employee who is regularly rostered to work over seven days of the week and regularly works on weekends.
(b) All other employees – shall accrue four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate weekly ordinary weekly rate of payrate, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) 11 specifically named public holidays prescribed by subclause (iii) of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying accrual period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees Employees covered by paragraph (b) of subclause 30(i), will be paid the following for a public holiday occurring on an ordinary working day:
(1) on full pay; provide that Where an employee who is required to and does not work on the public holiday, they will be paid their ordinary rate for their ordinary hours of work on that day.
(2) Where an employee does work on the public holiday, the employee will be paid for the time actually worked at the rate of time and one half in addition to their weekly ordinary rate. Where payment is made in accordance with this subsection (2), payment shall be made for a public holiday minimum of 4 hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(3) Where the employee elects, and the Employer agrees, instead of the payment set out in subclause (2), the employee will have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such .
(4) The payment set out in subclauses (2) and (3) is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 7, DefinitionDefinitions, of this Agreement, and who received four (4) receives 4 weeks annual leave in accordance with paragraph (b) of subclause (i) of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; leave provided that in the case of a shift worker referred to in paragraph (d) of this subclause subclause, the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) For the purpose of Public holidays observed under this subclause the following are to be public holidays, viz: Agreement are:
(a) New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed or half day declared under the Public Holidays Act 2010 (NSW) (or its successor) as a public holiday or a local event day within the area in which the hospital Hospital is situated., and
(ab) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an An extra public holiday each year. Such public holiday will occur
(1) On year on the August Bank Holiday; or
(2) On holiday or on a date which is agreed between by the employer and respective employees and if requested by the employees an employee any nominated representative which may be an NSWNMA a union representative.
(3) As an . This additional public holiday day may be taken by agreement between Christmas and New Year; the 5th day of the new calendar year, provided that such day is placed between Monday to and Friday (inclusive) and it which is not gazetted as a public holiday. This extra (August Bank holiday) public holiday does not apply in areas where in each year: ▪ a local event day is declared and observed under the Public Holidays Act 2010 (NSW)(or its successor), or ▪ 2 half local event days are declared and observed.
(1) A day in addition to the eleven (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2) Two half days in addition to the eleven (11) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.
(bc) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) local event is proclaimed declared and observed as a half public holiday for the purposes of this Agreement the whole day is to be regarded and observed as a public holiday holiday, and no additional extra (August Bank holiday) public holiday which would otherwise apply as a result of this subclause in accordance with (b) above will be observed.
(iv) Credit of time towards an allocated day off duty shall not accrue when an employee is absent in accordance with subclause (i) of this clause. Employees entitled to allocated days off duty in accordance with Clause 25, Hours of Work and Free Time of Employees, of this Agreement shall accrue credit towards an allocated day off duty in respect of each day those employees are absent on additional annual leave in accordance with subclauses (ii)(b) and subclause (ii)(c) of the Agreement.
(a) Each employee shall be paid in accordance with the regular pay cycle for the period of the leave at the ordinary rate to which she or he is entitled under this Agreement.
(vi) Annual leave credited to an employee in accordance with paragraph (a) and (b) of subclause (i), paragraph (c) of subclause (ii), paragraph (a) of subclause (viii) and paragraph (a) of subclause (ix) of this clause may be cashed out by agreement, subject to the following conditions:
(a) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and
(b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee;
(c) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone, and
(d) the cashing out of annual leave may occur at any time, providing the request complies with this clause and the employee and employer agree.
(vii) On termination of their employment, an employee will be paid their untaken annual leave, together with payment for any days added to annual leave in accordance with subclause (ii) of this clause, and pro rata leave.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) 28.1 Annual leave shall will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.:
(a) Employees required to work on a seven (7) day basis – Shiftworkers shall accrue six (6) weeks annual leave per annum. This entitlement includes the additional week of annual leave provided by the NES.
(i) For the purposes of the NES, a shiftworker is defined as an employee who is regularly rostered to work over seven days of the week and regularly works on weekends
(b) All other employees – shall accrue four (4) weeks annual leave per annumleave.
(a) An employee to whom paragraph (a) of subclause (i) 28.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate weekly ordinary weekly rate of payrate, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 28.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) 28.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees Employees covered by paragraph (b) of subclause 28.1, will be paid the following for a public holiday occurring on an ordinary working day:
(1i) on full pay; provide that Where an employee who is required to and does not work on the public holiday, they will be paid their ordinary rate for their ordinary hours of work on that day.
(ii) Where an employee does work on the public holiday, the employee will be paid for the time actually worked at the rate of time and one half in addition to their weekly ordinary rate. Where payment is made in accordance with this subclause (ii), payment shall be made for a public holiday minimum of four (4) hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(iii) Where the employee elects, and the Employer agrees, instead of the payment set out in subclause (ii), the employee will have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such .
(iv) The payment set out in (ii) and (iii) is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 76, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 28.1 of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 28.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) 28.3 For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) 28.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur:
(1i) On on the August Bank Holiday; or;
(2ii) On on a date which is agreed between upon by the employer and respective employees and if requested nominated by the employees any nominated representative which may be an NSWNMA employee, the Association’s representative.; or
(3iii) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. Subclause (a) does not apply in areas where in each year:
(1i) A a day in addition to the eleven (11) named public holidays specified in subclause (i) is 28.3is proclaimed and observed as a public holiday; or
(ii) two (2) Two half days in addition to the eleven (11) named public holidays specified in subclause (i) are 28.3are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) 28.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
28.5 Credit of time towards an ADO shall not accrue when an employee is absent in accordance with subclause 28.1 of this clause. Employees entitled to ADOs in accordance with Clause 23, Hours of Work and Free Time of Employees of this Agreement shall accrue credit towards an ADO in respect of each day those employees are absent on additional annual leave in accordance with subclauses 28.2(b) and subclause 28.2(c) of the Agreement.
28.6 Annual leave shall be taken in an amount and at a time which is approved by the employer subject to the operational requirements of the workplace. The employer shall not unreasonably withhold or revoke such approval. Notwithstanding the provisions of this clause, the employer may direct an employee to take a period of annual leave in accordance with clauses 28.13 and 28.14.
28.7 Each employee shall be paid in accordance with the regular pay cycle for the period of the leave at the ordinary rate to which she or he is entitled under this Agreement. Where an employee has any period of permanent part-time employment during any twelve (12) month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to thirty eight (38) hours.
28.8 On termination of their employment, an employee will be paid their untaken annual leave, together with payment for any days added to annual leave in accordance with clause 28.2, and pro rata leave.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) Annual leave shall will accrue progressively during on a year of service according pro rata basis and be credited to the employee’s ordinary hours employee progressively in accordance with the provisions of work and accumulates from year to yearthe National Employment Standards (NES) contained in the Fair Work Act 2009.
(a) Employees required to work on a seven (7) day basis – - six (6) weeks annual leave per annum.
(b) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (1i) on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 75, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Labor Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1) On on the August Bank Holiday; or
(2) On on a date which is agreed between upon by the employer and respective employees and if requested by or their workplace representatives and the employees any nominated representative which may be an NSWNMA representative.respective employers;
(3) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. The foregoing does not apply in areas where in each year:
(14) A a day in addition to the eleven (11) named public holidays specified in subclause (iiii) is proclaimed and observed as a public holiday; or
(25) Two two half days in addition to the eleven (11) named public holidays specified in subclause (iiii) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Nurses Enterprise Agreement
Annual Leave and Public Holidays. (i) 22.1 Annual leave shall will accrue progressively during on a year of service according pro rata basis and be credited to the employee’s ordinary hours employee monthly in accordance with the provisions of work and accumulates from year to yearthe NES.
(a) Employees Full Time employees required to work on a seven (7) day basis – - six (6) weeks annual leave per annum.
(b) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) 22.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 22.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven ten (1110) specifically named public holidays prescribed by subclause (iii) 22.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working a day that the employee would normally work shall be allowed to employees covered by paragraph (b) of subclause (1) 22.1 on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 75, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 22.1 of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 22.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iiif) Where a public holiday falls on a day which the employee would not normally work such employee will not be entitled to payment for the public holiday.
22.3 For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday pursuant to the Public Holidays Act 2010 (NSW) within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) 22.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1i) On on the August Bank Holiday; or
(2ii) On on a date which is agreed between upon by the employer and respective employees and if requested nominated by the employees any employee, the employee’s nominated representative which may be an NSWNMA a union representative.;
(3iii) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. The foregoing does not apply in areas where in each year:
(1i) A a day in addition to the eleven ten (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2ii) Two two half days in addition to the eleven ten (11) named public holidays specified in subclause subclause
(i) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven ten (11) named public holidays specified in subclause (iii) 22.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) Annual leave shall accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
(a) Employees required to work on a seven (7) day basis – shall accrue six (6) weeks annual leave per annum.
(b) All other employees – shall accrue four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (1i) on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 76, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Labor Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1) On on the August Bank Holiday; or
(2) On on a date which is agreed between the employer and employees and if requested by the employees any nominated representative which may be an NSWNMA a union representative.;
(3) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.
(1) A a day in addition to the eleven (11) named public holidays specified in subclause (iiii) is proclaimed and observed as a public holiday; or
(2) Two two half days in addition to the eleven (11) named public holidays specified in subclause (iiii) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.subclause
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i)
22.1 Annual leave shall will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to yearprogressively.
(a) Employees Full Time employees required to work on a seven (7) day basis – - six (6) weeks annual leave per annum. This encompasses the additional week of annual leave entitled to shift workers.
(b) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) 22.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 22.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) 22.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working a day that the employee would normally work shall be allowed to employees covered by paragraph (b) of subclause (1) 22.1 on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 75, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 22.1 of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 22.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) 22.3 For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) 22.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1i) On on the August Bank Holiday; or
(2ii) On on a date which is agreed between upon by the employer and respective employees and if requested nominated by the employees any employee, the employee’s nominated representative which may be an NSWNMA a union representative.;
(3iii) As as an additional public holiday between Christmas and New Yearthe first week of the following calendar year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. The foregoing does not apply in areas where in each year:
(1iv) A a day in addition to the eleven (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2v) Two two half days in addition to the eleven (11) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) 22.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. The National Employment Standard (iNES) for annual leave is the minimum to which all employees c overed by this Agreement are entitled.
22.1 Annual leave shall will accrue progressively during on a year of service according pro rata basis and be credited to the employee’s ordinary hours employee monthly in accordance with the provisions of work and accumulates from year to yearthe Standard.
(a) Employees Full Time employees required to work on a seven (7) day basis – - six (6) weeks annual leave per annum.
(b) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) 22.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 22.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven ten (1110) specifically named public holidays prescribed by subclause (iii) 22.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working a day that the employee would normally work shall be allowed to employees covered by paragraph (b) of subclause (1) 22.1 on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 75, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 22.1 of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 22.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) 22.3 For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1) On the August Bank Holiday; or
(2) On a date which is agreed between the employer and employees and if requested by the employees any nominated representative which may be an NSWNMA representative.
(3) As an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it is not gazetted as a public holiday.
(1) A day in addition to the eleven (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2) Two half days in addition to the eleven (11) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i)
22.1 Annual leave shall will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to yearprogressively.
(a) Employees Full Time employees required to work on a seven (7) day basis – - six (6) weeks annual leave per annum. This encompasses the additional week of annual leave entitled to shift workers in accordance with the National Employment Standards.
(b) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) 22.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 22.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven (11) specifically named public holidays prescribed by subclause (iii) 22.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working a day that the employee would normally work shall be allowed to employees covered by paragraph (b) of subclause (1) 22.1 on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 75, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 22.1 of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 22.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iii) 22.3 For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) 22.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1i) On on the August Bank Holiday; or
(2ii) On on a date which is agreed between upon by the employer and respective employees and if requested nominated by the employees any employee, the employee’s nominated representative which may be an NSWNMA a union representative.;
(3iii) As as an additional public holiday between Christmas and New Yearthe first week of the following calendar year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. The foregoing does not apply in areas where in each year:
(1iv) A a day in addition to the eleven (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2v) Two two half days in addition to the eleven (11) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause (iii) 22.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave and Public Holidays. (i) 22.1 Annual leave shall will accrue progressively during on a year of service according pro rata basis and be credited to the employee’s ordinary hours employee monthly in accordance with the provisions of work the Standard (refer to Division 4 – Annual Leave of Part 7 The Australian Fair Pay and accumulates from year to yearConditions Standard of the Workplace Relations Act, 1996).
(a) Employees Full Time employees defined in clause 5.2 required to work as a shift worker on a seven (7) day basis – - six (6) weeks annual leave per annum.
(b) Full Time employees defined in clause 5.4 required to work as a shift worker on a seven (7) day basis – five (5) weeks annual leave per annum
(c) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) 22.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 22.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven ten (1110) specifically named public holidays prescribed by subclause (iii) 22.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working a day that the employee would normally work shall be allowed to employees covered by paragraph (b) of subclause (1) 22.1 on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 75, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 22.1 of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 22.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iiif) Where a public holiday falls on a day which the employee would not normally work such employee will not be entitled to payment for the public holiday.
22.3 For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Labor Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital Facility is situated.
(a) In addition to those public holidays prescribed in subclause (iii) 22.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1i) On on the August Bank Holiday; or
(2ii) On on a date which is agreed between upon by the employer and respective employees and if requested nominated by the employees any employee, the employee’s nominated representative which may be an NSWNMA a union representative.;
(3iii) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.
(iv) The foregoing does not apply in areas where in each year:
(1) A a day in addition to the eleven ten (1110) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2) Two two half days in addition to the eleven ten (1110) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven ten (1110) named public holidays specified in subclause (iii) 22.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Employer Agreement
Annual Leave and Public Holidays. (i) 22.1 Annual leave shall will accrue progressively during on a year of service according pro rata basis and be credited to the employee’s ordinary hours employee monthly in accordance with the provisions of work and accumulates from year to yearthe NES.
(a) Employees Full Time employees required to work on a seven (7) day basis – - six (6) weeks annual leave per annum.
(b) All other employees – - four (4) weeks annual leave per annum.
(a) An employee to whom paragraph (a) of subclause (i) 22.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(b) To leave prescribed by paragraph (a) of subclause (i) 22.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven ten (1110) specifically named public holidays prescribed by subclause (iii) 22.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c) A public holiday occurring on an ordinary working a day that the employee would normally work shall be allowed to employees covered by paragraph (b) of subclause (1) 22.1 on full pay; provide provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate of for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours’ hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 75, DefinitionDefinitions, of this Agreement, and who received receives four (4) weeks annual leave in accordance with paragraph (b) of subclause (i) 22.1 of this clause, such shift work worker shall be paid ne one day’s 's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of subclause (i) 22.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.
(iiif) Where a public holiday falls on a day which the employee would not normally work such employee will not be entitled to payment for the public holiday.
22.3 For the purpose of this subclause the following are to be public holidays, viz: New Year’s 's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s 's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday pursuant to the Public Xxxxxxxx Xxx 0000 (NSW) within the area in which the hospital is situated.
(a) In addition to those public holidays prescribed in subclause (iii) 22.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur
(1i) On on the August Bank Holiday; or
(2ii) On on a date which is agreed between upon by the employer and respective employees and if requested nominated by the employees any employee, the employee’s nominated representative which may be an NSWNMA a union representative.;
(3iii) As as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) and it which is not gazetted as a public holiday.. The foregoing does not apply in areas where in each year:
(1i) A a day in addition to the eleven ten (11) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or
(2ii) Two two half days in addition to the eleven ten (11) named public holidays specified in subclause subclause
(i) are proclaimed and observed as half public holidays.
(b) In areas where in each year only one half day in addition to the eleven ten (11) named public holidays specified in subclause (iii) 22.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.
Appears in 1 contract
Samples: Enterprise Agreement
