Common use of Part-Time and Casual Employees Clause in Contracts

Part-Time and Casual Employees. A. Part-Time Employees (a) A part-time employee is one who is permanently appointed by the Employer to work a specified number of hours which are less than those prescribed for a full-time employee. (b) By agreement between the Employer and employee, the specified number of hours may be balanced over a week, a fortnight or four (4) weeks. (c) An employee whose hours are averaged over four (4) weeks shall be paid each week or fortnight according to the employee’s average weekly or fortnightly hours as is appropriate. (d) Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee, whose hours are balanced over a fortnight or over four (4) weeks, not working in any one week in accordance with paragraph (b). 11.2 Permanent part time employees shall be paid an hourly rate calculated on the basis of one thirty- eighth of the appropriate rate prescribed by Clause 14, Salaries, of this Agreement and, where applicable, one thirty eighth of the appropriate allowance or allowances prescribed by Xxxxxx 15, Special Allowances, of this Agreement, with a minimum payment of four for each start, and one thirty eighth of the appropriate allowances prescribed by Clause 18, Uniform and Laundry Allowances of this Agreement, but shall not be entitled to an additional day off or part thereof, as prescribed by subclauses 23.3 and 23.5 of Clause 23, Hours of Work and Free Time of Employees Other Than Directors of Nursing. 11.3 Four (4) weeks' Annual Leave on ordinary pay is to be granted per annum. 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. The provisions of subclauses 28.5 to 28.14 of Clause 28, Annual Leave and Public Holidays, and Clause 29, Annual Leave Loading, of this Agreement shall apply to employees engaged under ‘A. Part-Time Employees’ of this clause. The remaining provisions of Clause 28, Annual Leave and Public Holidays shall not apply. 11.4 A public holiday occurring on an ordinary working day shall be allowed to employees without loss of 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 to the time actually worked. Such payment is 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. 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 time worked on a public holiday, payment shall be made for a minimum of four (4) hours work, and any balance of the day or shift not worked shall be paid at ordinary rates. 11.5 To the leave prescribed by subclause 11.4 of ‘A. Part-Time Employees’ of this Clause 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. 11.6 For the purpose of ‘A. Part-Time Employees’ of this clause 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. 11.7 In addition to those public holidays prescribed in subclause 11.6 of ‘A. Part-Time Employees’ of this Clause, there shall be an extra public holiday each year. This additional day’s holiday will occur on the August Bank Holiday or on a date agreed by the respective employees and if requested by the employee or any nominated NSW Nurses and Midwives; Association (NSWNMA) branch representative. The foregoing does not apply in areas where, in each year: (a) a day in addition to the eleven (11) named public holidays specified in subclause 11.6 is proclaimed and observed as a public holiday; or (b) two (2) half days in addition to the eleven (11) named public holidays specified in subclause 11.6 are proclaimed and observed as half public holidays. 11.8 In areas where in each year one half day in addition to the eleven (11) named public holidays specified in subclause 11.6 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. 11.9 Employees engaged under ‘A. Part-Time Employees’ of this clause shall be entitled to all other benefits of this Agreement not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours. 11.10 Where an employee is regularly working more than their specified contract hours they may request that their contracted hours are reviewed by their Manager. The Manager will formally respond to the request by the employee stating the reasons if the request is not agreed to. The Manager will not unreasonably reject the request. The Manager will also take into account that the hours worked in the following circumstances will not be incorporated to any adjustment made: (a) if the increase in hours is as a direct result of an employee being absent on leave for example, annual leave, long service leave, maternity leave, workers compensation; and (b) if the increase in hours is due to a temporary increase in hours only due, for example, to the specific needs of the organisation; and any adjusted contracted hours resulting from a review by the employer should reflect roster cycles and shift configuration utilised at the Hospital B. Casual Employees

Appears in 1 contract

Samples: Enterprise Agreement

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Part-Time and Casual Employees. A. 12.1 Part-Time time Employees (a) A part-time employee is one who is permanently appointed by the Employer to work a specified number of hours which are less than those prescribed for a full-time employee, to be worked in accordance with a roster. (b) By agreement between the Employer and employee, the specified number of hours may be balanced over a week, a fortnight or four (4) 4 weeks. (c) An employee whose hours are averaged over four (4) 4 weeks shall be paid each week or fortnight according to the employee’s average weekly or fortnightly hours as is appropriate. (d) Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee, employee whose hours are balanced over a fortnight or over four (4) weeks, 4 weeks not working in any one week in accordance with paragraph (b). 11.2 Permanent part (ii) Part time employees shall be paid an hourly rate calculated on the basis of one thirty- thirty-eighth of the appropriate rate prescribed by Clause 1416, Salaries, of this Agreement and, where applicable, one thirty thirty-eighth of the appropriate allowance or allowances prescribed by Xxxxxx 1517, Special Allowances, of this Agreement, with a minimum payment of four 4 hours for each start, and one thirty thirty-eighth of the appropriate allowances prescribed by Clause 1820, Uniform and Laundry Allowances of this Agreement, but shall not be entitled to an additional day off or part thereof, as prescribed by subclauses 23.3 (iii) and 23.5 (v) of Clause 2325, Hours of Work and Free Time of Employees Other Than Directors of NursingEmployees. 11.3 (iii) Four (4) weeks' Annual Leave on at the employee’s ordinary pay rate is to be granted per annum. 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. The provisions of subclauses 28.5 (v) to 28.14 (x), (xii) and (xiii) of Clause 2830, Annual Leave and Public Holidays, and Clause 2931, Annual Leave Loading, of this Agreement shall apply to employees engaged under ‘A. Part-Time Employees’ 12.1 of this clause. The remaining provisions of Clause 2830, Annual Leave and Public Holidays Holidays, shall not apply. 11.4 (iv) A public holiday occurring on an ordinary working day shall be allowed to employees without loss of pay; 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 to the time actually worked. Such payment is 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. In lieu of adding to annual leave under this paragraph an employee may elect to will be paid for the time actually worked at the rate of time and one half in addition to their weekly 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 time worked on a public holiday, payment shall be made rate for a minimum of four (4) hours work, and any balance of the day or shift not worked shall will be paid at ordinary rates. 11.5 (v) To the leave prescribed by subclause 11.4 (iv) of ‘A. 12.1 –Part-Time time Employees, of this Clause clause 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. 11.6 For the purpose of ‘A. Part-Time Employees’ of (vi) Public holidays observed under this clause the following are to be public holidays, viz: Agreement are: (a) 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 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 11.7 (b) In addition to those public holidays prescribed in subclause 11.6 of ‘A. Part-Time Employees’ of this Clause(a), there shall will be an extra public holiday each year. This additional day’s holiday will occur on the August Bank Holiday or between Christmas Day and New Years’ Day on a date agreed nominated by the respective employees employer. ▪ a local event day is declared and if requested by observed under the employee Public Holidays Act 2010 (NSW) (or any nominated NSW Nurses its successor), or ▪ 2 half local event days are declared and Midwives; Association (NSWNMA) branch representative. The foregoing does not apply in areas where, in each year:observed, (ac) a day in addition to the eleven (11) named public holidays specified in subclause 11.6 is proclaimed and observed as a public holiday; or (b) two (2) half days in addition to the eleven (11) named public holidays specified in subclause 11.6 are proclaimed and observed as half public holidays. 11.8 In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause 11.6 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, 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. 11.9 (vii) Employees engaged under ‘A. 12.1 –Part-Time time Employees, of this clause shall be entitled to all other benefits of this Agreement not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours. 11.10 (viii) Where an the employee is regularly working more than their specified contract hours they may request that their contracted hours are reviewed by their Manager. The Manager will formally respond to the request by the employee stating stated the reasons if the request is not agreed to. The Manager will not unreasonably reject the request. The Manager will also take into account that the hours worked in the following circumstances will not be incorporated to any adjustment made: (a1) if the increase in hours is as a direct result of an employee being absent on leave leave, such as for example, annual leave, long service leave, maternity leave, workers compensation; and (b2) if the increase in hours is due to a temporary increase in hours only due, for example, to the specific needs of the organisation; and and (3) any adjusted contracted hours resulting from a review by the employer should however, be such as to readily reflect roster cycles and shift configuration utilised at the Hospital B. Casual Employeesworkplace.

Appears in 1 contract

Samples: Enterprise Agreement

Part-Time and Casual Employees. A. Part-Time Employees (a) A part-time employee is one who is permanently appointed by the Employer to work a specified number of hours which are less than those prescribed for a full-time employee, to be worked in accordance with a roster. (b) By agreement between the Employer and employee, the specified number of hours may be balanced over a week, a fortnight or four (4) weeks. (c) An employee whose hours are averaged over four (4) weeks shall be paid each week or fortnight according to the employee’s average weekly or fortnightly hours as is appropriate. (d) Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee, whose hours are balanced over a fortnight or over four (4) weeks, not working in any one week in accordance with paragraph (b). 11.2 Permanent part time employees shall be paid an hourly rate calculated on the basis of one thirty- thirty-eighth of the appropriate rate prescribed by Clause 14, Salaries, of this Agreement and, where applicable, one thirty eighth of the appropriate allowance or allowances prescribed by Xxxxxx 15, Special Allowances, of this Agreement, with a minimum payment of four (4) hours for each start, and one thirty eighth of the appropriate allowances prescribed by Clause 18, Uniform and Laundry Allowances of this Agreement, but shall not be entitled to an additional day off ADO or part thereof, as prescribed by subclauses 23.3 and 23.5 of Clause 23, Hours of Work and Free Time of Employees Other Than Directors of NursingEmployees. 11.3 Four (4) weeks' Annual Leave on at the employee’s ordinary pay rate is to be granted per annum. 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. The provisions of subclauses 28.5 to 28.14 of Clause 28, Annual Leave and Public Holidays, and Clause 29, Annual Leave Loading, of this Agreement shall apply to employees engaged under ‘A. Part-Time Employees’ of this clause. The remaining provisions of Clause 28, Annual Leave and Public Holidays shall not apply. 11.4 A public holiday occurring on an ordinary working day shall be allowed to employees without loss of 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 to the time actually worked. Such payment is 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. In lieu of adding to annual leave under this paragraph an employee may elect to will be paid for the time actually worked at the rate of time and one half in addition to their weekly 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 time worked on a public holiday, payment shall be made rate for a minimum of four (4) hours work, and any balance of the day or shift not worked shall will be paid at ordinary rates. 11.5 To the leave prescribed by subclause 11.4 11.3 of ‘A. Part-Time Employees’ of this Clause 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. 11.6 For the purpose of ‘A. Part-Time Employees’ of this clause 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. 11.7 In addition to those public holidays prescribed in subclause 11.6 of ‘A. Part-Time Employees’ of this Clause, there shall be an extra public holiday each year. This additional day’s holiday will occur on the August Bank Holiday or between Christmas Day and New Years’ Day on a date agreed nominated by the respective employees and if requested by the employee or any nominated NSW Nurses and Midwives; Association (NSWNMA) branch representativeemployer. The foregoing does not apply in areas where, in each year: (a) a day in addition to the eleven (11) named public holidays specified in subclause 11.6 is proclaimed and observed as a public holiday; or (b) two (2) half days in addition to the eleven (11) named public holidays specified in subclause 11.6 are proclaimed and observed as half public holidays. 11.8 In areas where in each year one half day in addition to the eleven (11) named public holidays specified in subclause 11.6 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. 11.9 Employees engaged under ‘A. Part-Time Employees’ of this clause shall be entitled to all other benefits of this Agreement not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours. 11.10 Where an employee is regularly working more than their specified contract hours they may request that their contracted hours are reviewed by their Manager. The Manager will formally respond to the request by the employee stating the reasons if the request is not agreed to. The Manager will not unreasonably reject the request. The Manager will also take into account that the hours worked in the following circumstances will not be incorporated to any adjustment made: (a) if the increase in hours is as a direct result of an employee being absent on leave for example, annual leave, long service leave, maternity leave, workers compensation; and (b) if the increase in hours is due to a temporary increase in hours only due, for example, to the specific needs of the organisation; and and (c) any adjusted contracted hours resulting from a review by the employer should reflect roster cycles and shift configuration utilised at the Hospital. B. Casual Employees

Appears in 1 contract

Samples: Enterprise Agreement

Part-Time and Casual Employees. A. Part-Time time Employees (a) A part-time employee is one who is permanently appointed by the Employer engaged to work a specified number of hours which are less than those prescribed for a full-time employeean average of 38 ordinary hours per week and has reasonably predictable hours of work. (b) Before commencing part-time employment, Xxxxxxxxxx Heart Clinic and employee will agree in writing to the guaranteed minimum number of hours to be worked and the rostering arrangements which will apply to those hours. (c) The terms of the agreement in subclause 22.1(b) may be varied by agreement in writing. (d) The terms of this Agreement will apply on a pro rata basis to part-time employees on the basis that the ordinary weekly hours for full-time employees are 38. 22.2 Hours worked by Part-Time Employees (a) By agreement between Xxxxxxxxxx Heart Clinic and the Employer and employee, the specified number of hours may be balanced over a week, a fortnight or four (4) weeks. (c) . An employee whose hours are averaged over four (4) 4 weeks shall be paid each week or fortnight according to the employee’s average weekly or fortnightly hours as is appropriate. (db) Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee, whose hours are balanced over a fortnight or over four (4) weeks, not working in any one week in accordance with paragraph (bsubclause 22.2(a). 11.2 Permanent part 22.3 Part-time employees shall be paid an hourly rate calculated on the basis of one thirty- thirty-eighth of the appropriate rate prescribed by Clause 1411, Salaries, of this Agreement and, and where applicable, one thirty thirty-eighth of the appropriate allowance or allowances prescribed by Xxxxxx 15Clause 13, Special Allowances, of this Agreement, with a minimum payment of four 4 hours for each start, and one thirty thirty-eighth of the appropriate allowances prescribed by Clause 18Xxxxxx 17, Uniform and Laundry Allowances of this AgreementAllowances, but shall not be entitled to an additional day off or part thereof, ADO as prescribed by subclauses 23.3 7.2 and 23.5 7.6 of Clause 237, Hours of Work and Free Time of Employees Other Than Directors of NursingEmployees. 11.3 Four (4) weeks' Annual Leave on ordinary pay is to be granted per annum. Annual leave shall accrue progressively during a year of service according to 22.4 Where the employee’s ordinary hours of work and accumulates from year to year. The provisions of subclauses 28.5 to 28.14 of Clause 28, Annual Leave and Public Holidays, and Clause 29, Annual Leave Loading, of this Agreement shall apply to employees engaged under ‘A. Part-Time Employees’ of this clause. The remaining provisions of Clause 28, Annual Leave and Public Holidays shall not apply. 11.4 A public holiday occurring on an ordinary working day shall be allowed to employees without loss of 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 to the time actually worked. Such payment is 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. 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 time worked on a public holiday, payment shall be made for a minimum of four (4) hours work, and any balance of the day or shift not worked shall be paid at ordinary rates. 11.5 To the leave prescribed by subclause 11.4 of ‘A. Part-Time Employees’ of this Clause 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. 11.6 For the purpose of ‘A. Part-Time Employees’ of this clause 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. 11.7 In addition to those public holidays prescribed in subclause 11.6 of ‘A. Part-Time Employees’ of this Clause, there shall be an extra public holiday each year. This additional day’s holiday will occur on the August Bank Holiday or on a date agreed by the respective employees and if requested by the employee or any nominated NSW Nurses and Midwives; Association (NSWNMA) branch representative. The foregoing does not apply in areas where, in each year: (a) a day in addition to the eleven (11) named public holidays specified in subclause 11.6 is proclaimed and observed as a public holiday; or (b) two (2) half days in addition to the eleven (11) named public holidays specified in subclause 11.6 are proclaimed and observed as half public holidays. 11.8 In areas where in each year one half day in addition to the eleven (11) named public holidays specified in subclause 11.6 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. 11.9 Employees engaged under ‘A. Part-Time Employees’ of this clause shall be entitled to all other benefits of this Agreement not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours. 11.10 Where an employee is regularly working more than their specified contract hours they may request that their contracted hours are reviewed by their ManagerManager on an annual basis. The Manager will formally respond to the request by the employee stating the reasons if the request is not agreed to. The Manager will not unreasonably reject the request. The Manager will also take into account that the hours worked in the following circumstances will not be incorporated to any adjustment made: (a) if the increase in hours is as a direct result of an employee being absent on leave leave, such as for example, annual leave, long service leave, maternity leave, workers compensation; and (b) if the increase in hours is due to a temporary increase in hours only due, for example, to the specific needs of the organisation; and any a patient (c) Any adjusted contracted hours resulting from a review by the employer Xxxxxxxxxx Heart Clinic should however, be such as to readily reflect roster cycles and shift configuration configurations utilised at the Hospital B. Casual Employeesworkplace.

Appears in 1 contract

Samples: Enterprise Agreement

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Part-Time and Casual Employees. A. Part9.1 Full-Time Employees (a) A partFull-time employee Employee is one who is permanently employed to work 38 ordinary hours per week or works an average of 38 ordinary hours per week pursuant to clause 23.2. 9.2 Part-time a) A Part-time Employee is one who is appointed by the Employer to work a specified number of hours each roster cycle which are less than those prescribed for a fullFull-time employee. (b) By agreement between Employee. Before commencing employment, the Employer and employee, Employee will agree in writing on: (i) the span of hours that the Employee may be rostered within a fortnight. This span of hours shall include which shifts the Employee may be rostered to work; and (ii) the days of the week the Employee may be rostered to work within a fortnight; and (iii) the agreed minimum number of contracted hours to be worked per fortnight b) A Part-time Employee shall be paid an hourly rate calculated on the basis of one thirty eighth of the normal weekly rate available for Full-time Employees of the same classification. c) Part-time Employees are not entitled to an allocated day off (“ADO”) under clause 23. d) The specified number of hours may be balanced over a weekroster cycle, a fortnight or four (4) weeks. (c) An employee whose provided that the average weekly hours are averaged over four (4) weeks worked shall be paid each week or fortnight according deemed to be the employee’s average weekly or fortnightly specified number of hours as is appropriate. (d) for the purposes of accrual of leave provided for by this Agreement. Provided further that there shall be no interruption to the continuity of employment merely by reason of an employeeEmployee working on a "week-on", whose hours are balanced over a fortnight or over four (4) weeks, not working in any one week "week-off" basis in accordance with paragraph (b)this subclause. 11.2 Permanent part time employees shall be paid an hourly rate calculated on the basis of one thirty- eighth of the appropriate rate prescribed by Clause 14, Salaries, of this Agreement and, where applicable, one thirty eighth of the appropriate allowance or allowances prescribed by Xxxxxx 15, Special Allowances, of this Agreement, with a minimum payment of four for each start, and one thirty eighth of the appropriate allowances prescribed by Clause 18, Uniform and Laundry Allowances of this Agreement, but shall not be entitled to an additional day off or part thereof, as prescribed by subclauses 23.3 and 23.5 of Clause 23, Hours of Work and Free Time of Employees Other Than Directors of Nursing. 11.3 Four (4e) weeks' Annual Leave on ordinary pay is to be granted per annum. 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. The provisions of subclauses 28.5 to 28.14 of Clause 28, Annual Leave and Public Holidays, and Clause 29, Annual Leave Loading, of this Agreement shall apply to employees engaged under ‘A. Part-Time Employees’ of this clause. The remaining provisions of Clause 28, Annual Leave and Public Holidays shall not apply. 11.4 A public holiday occurring on an ordinary working day shall be allowed to employees without loss of 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 to the time actually worked. Such payment is 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. 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 time worked on a public holiday, payment shall be made for a minimum of four (4) hours work, and any balance of the day or shift not worked shall be paid at ordinary rates. 11.5 To the leave prescribed by subclause 11.4 of ‘A. Part-Time Employees’ of this Clause 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. 11.6 For the purpose of ‘A. Part-Time Employees’ of this clause 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. 11.7 In addition to those public holidays prescribed in subclause 11.6 of ‘A. Part-Time Employees’ of this Clause, there shall be an extra public holiday each year. This additional day’s holiday will occur on the August Bank Holiday or on a date agreed by the respective employees and if requested by the employee or any nominated NSW Nurses and Midwives; Association (NSWNMA) branch representative. The foregoing does not apply in areas where, in each year: (a) a day in addition to the eleven (11) named public holidays specified in subclause 11.6 is proclaimed and observed as a public holiday; or (b) two (2) half days in addition to the eleven (11) named public holidays specified in subclause 11.6 are proclaimed and observed as half public holidays. 11.8 In areas where in each year one half day in addition to the eleven (11) named public holidays specified in subclause 11.6 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. 11.9 Employees engaged under ‘A. Part-Time Employees’ of this clause shall be entitled to all other benefits of this the Agreement not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to fullFull-time hours. 11.10 Where an employee is regularly working more than their specified contract hours they may request that their contracted hours are reviewed by their Manager. The Manager will formally respond to the request by the employee stating the reasons if the request is not agreed to. The Manager will not unreasonably reject the request. The Manager will also take into account that the hours worked in the following circumstances will not be incorporated to any adjustment made: (a) if the increase in hours is as a direct result of an employee being absent on leave for example, annual leave, long service leave, maternity leave, workers compensation; and (b) if the increase in hours is due to a temporary increase in hours only due, for example, to the specific needs of the organisation; and any adjusted contracted hours resulting from a review by the employer should reflect roster cycles and shift configuration utilised at the Hospital B. Casual Employees

Appears in 1 contract

Samples: Health Professionals and Support Services Enterprise Agreement

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