Common use of DAYS IN LIEU OF PUBLIC HOLIDAYS Clause in Contracts

DAYS IN LIEU OF PUBLIC HOLIDAYS. 7.2.1 Those mental health sites that had provision for days in lieu of payment for certain named public holidays until it was removed by ballot under the 1998 Agreement, will continue to make this provision available pursuant to the provisions of 7.2.3 or 7.2.4 for current employees only. Those employees who wished to avail themselves of this provision must have elected to do so by 31 August 2001. 7.2.2 Those mental health sites that retained the days in lieu provision referred to in 7.2.1, whether or not as a result of a ballot under the 1998 Agreement, will continue to make the provision available for current employees only. 7.2.3 Any current employee, who has elected to receive days in lieu pursuant to 7.2.1, or is currently receiving days in lieu pursuant to 7.2.2, and who is rostered for duty over 7 days of the week will not be paid penalty rates for work performed on the following public holidays (Australia Day, Easter Saturday, Easter Monday, Anzac Day and Proclamation Day), nor will the employee receive an additional day’s payment if rostered off duty on these days. Instead, the employee will be granted 5 days off, to be taken in conjunction with a period or periods of annual leave. 7.2.4 Any current employee, who has elected to receive days in lieu pursuant to 7.2.1, or is currently receiving days in lieu pursuant to 7.2.2, and who is not rostered for duty over 7 days of the week but is required to work in ordinary hours on any of the public holidays named in 7.2.3, will not be paid penalty rates for the work performed on that day. Instead, the employee will be granted a day off to be taken in conjunction with a period (or periods) of annual leave for each such day worked. 7.2.5 At an employee’s initiative and with the agreement of the employer, additional days off accrued under 7.2.3 or 7.2.4 may be taken at a time other than in conjunction with a period/s of annual leave. 7.2.6 For all other public holidays the provisions of the Award apply. 7.2.7 An employee may at any time elect to be paid for public holidays (pursuant to the provisions of the Award) instead of taking days in lieu. Once made, such election is permanent. 7.2.8 For the purposes of this clause, the term “current employee” means any mental health nurse employed in the public sector as at 31 August 2001. Any nurse appointed to the public sector after that date does not have access to days in lieu of public holidays worked. Current employees who transfer between mental health sites may, subject to 7.2.7, retain the days in lieu of public holidays provision. 7.2.9 Nothing in this sub-clause precludes the operation of clause 6.3.7(d) of the Award.

DAYS IN LIEU OF PUBLIC HOLIDAYS. 7.2.1 5.5.1 Those mental health sites that had provision for days in lieu of payment for certain named public holidays until it was removed by ballot under the 1998 Agreement, will continue to make this provision available pursuant to the provisions of 7.2.3 5.5.3 or 7.2.4 5.5.4 for current employees only. Those employees who wished to avail themselves of this provision must have elected to do so by 31 August 2001. 7.2.2 5.5.2 Those mental health sites that retained the days in lieu provision referred to in 7.2.15.5.1, whether or not as a result of a ballot under the 1998 Agreement, will continue to make the provision available for current employees only. 7.2.3 5.5.3 Any current employee, who has elected to receive days in lieu pursuant to 7.2.15.5.1, or is currently receiving days in lieu pursuant to 7.2.25.5.2, and who is rostered for duty over 7 days of the week will not be paid penalty rates for work performed on the following public holidays (Australia Day, Easter Saturday, Easter Monday, Anzac Day and Proclamation Day), nor will the employee receive an additional day’s payment if rostered off duty on these days. Instead, the employee will be granted 5 days off, to be taken in conjunction with a period or periods of annual leave. 7.2.4 5.5.4 Any current employee, who has elected to receive days in lieu pursuant to 7.2.15.5.1, or is currently receiving days in lieu pursuant to 7.2.25.5.2, and who is not rostered for duty over 7 days of the week but is required to work in ordinary hours on any of the public holidays named in 7.2.35.5.3, will not be paid penalty rates for the work performed on that day. Instead, the employee will be granted a day off to be taken in conjunction with a period (or periods) of annual leave for each such day worked. 7.2.5 5.5.5 At an employee’s initiative and with the agreement of the employer, additional days off accrued under 7.2.3 5.5.3 or 7.2.4 5.5.4 may be taken at a time other than in conjunction with a period/s of annual leave. 7.2.6 5.5.6 For all other public holidays the provisions of the Award apply. 7.2.7 5.5.7 An employee may at any time elect to be paid for public holidays (pursuant to the provisions of the Award) instead of taking days in lieu. Once made, such election is permanent. 7.2.8 5.5.8 For the purposes of this clause, the term “current employee” means any mental health nurse RN (Mental Health) employed in the public sector as at 31 August 2001. Any nurse appointed to the public sector after that date does not have access to days in lieu of public holidays worked. Current employees who transfer between mental health sites may, subject to 7.2.75.5.7, retain the days in lieu of public holidays provision. 7.2.9 5.5.9 Nothing in this sub-clause precludes the operation of clause 6.3.7(d) of the Award.