Public Holidays. (1) The following days, or the days observed in lieu shall, subject to subclause (3) of this clause, be allowed as holidays without deduction of pay namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. (a) When any of the days mentioned in subclause (1) of this clause falls on a Saturday or a Sunday the holidays shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (b) When any of the days observed as a holiday under this clause falls on a day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is a day that the employee would normally have worked and he/she has not been required to work on that day, he/she shall be paid as if the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and the employee. (3) An employee who, on a day observed as a holiday under this clause is required to work during his/her ordinary hours of work shall be paid for the time worked at the rate of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employee. (4) The provisions of this clause shall not apply to casual employees.
Appears in 32 contracts
Samples: Enterprise Bargaining Agreement, Enterprise Bargaining Agreement, Enterprise Bargaining Agreement
Public Holidays. (1a) The following days, or days shall be holidays for the days observed in lieu shall, subject to subclause (3) purpose of this clauseAgreement, and no deduction shall be allowed as holidays without deduction made from the wages of pay weekly or part-time hands in respect thereof, namely: New Year's Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac DayDay - April 25, Labour Day, Foundation Day, SovereignQueen's Birthday, Eight Hour Day, Christmas Day and - December 25, Boxing Day, and Show Day where gazetted to be added to each employee’s annual leave balance (this day will not attract annual leave loading) and any day proclaimed and observed as a holiday for the State.
(ab) When any of the days mentioned in subclause (1) of this clause falls For each holiday which occurs on a Saturday or a Sunday the holidays working day an employee shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction deemed to have worked such number of pay and ordinary hours as would have worked had the day for which it is substituted shall not be been a holiday.
(bc) When any Subject to subclause 7.7(d) of this Clause, all time worked on Good Friday, Anzac Day - April 25, and Christmas Day - December 25, shall be paid for at the rate of double time in addition to the weekly wage: all time worked on other holidays shall be paid for at the rate of double time and a half; provided, however, that for all time worked on Good Friday, Anzac Day - April 25, and Christmas Day - December 25, in the excess of the days observed as a holiday under this clause falls on a hours which would have been ordinary rostered hours, had the day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is a day that the employee would normally have worked and he/she has in question not been a holiday, shall be paid for at treble time.
(d) The following applies:
(i) An employee who is required to work on that daya public holiday will be allowed the choice of being paid for the day at the appropriate rate, he/she or bank the time. Where the employee has chosen to bank the time, then when they have worked and banked four (4) public holidays, they shall be paid as if the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable entitled to the employer and the employeefive (5) consecutive days off.
(3ii) An Where the employee whohas exercised an election under this subclause, the employees whose services are terminated shall at the time of such termination, be paid in respect of all holidays standing to his/her credit.
(iii) Any employee, other than a casual employee, who is directed and does attend for duty on a day observed as a holiday under this clause holiday, at the hours required by the company, and which is required to work during not included in his/her ordinary rostered hours of work for the week shall be paid for the time worked a minimum of four hours at the appropriate rate of 2.5 times their ordinary rate or, if he/she agrees, be paid pay for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employeeeach holiday worked.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 3 contracts
Samples: Workplace Agreement, Workplace Agreement, Collective Agreement
Public Holidays. (1a) The With the exception of watchmen the following days, days or the days observed in lieu shall, subject to subclause (3) of this clauseas hereinafter provided, be allowed as holidays without deduction of pay pay, namely: New Year's Day, Australia DayDay (26th January), Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day: Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.
(ab) When any of the days mentioned in subclause paragraph (1a) of this clause hereof falls on a Saturday or a Sunday the holidays holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.
(ba) When Whenever any of the days observed as a holiday under this clause falls on a an employee ordinary working day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is a day that the employee would normally have worked and he/she has is not been required to work on that such day, he/she shall be paid as if for the day was an ordinary working day, or if hours he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and the employeewould have worked.
(3b) An If any employee who, on other than a day observed as a holiday under this clause watchman is required to work during hison a holiday he/her ordinary hours of work she shall be paid for the time worked at the rate of 2.5 times their ordinary rate ordouble time and a half. Provided that in lieu of the foregoing provisions of this paragraph and subject to agreement between the employer and the employee, if he/she agrees, work done on any day prescribed as a holiday under this agreement shall be paid for the time worked at the rate of time and one-a half and the employee shall, in addition be allowed to take a day's leave with pay on a day mutually acceptable to be added to his/her annual leave or be taken at some subsequent date if the employer and the employeeemployee so agrees.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 2 contracts
Samples: Cleaners and Caretakers Agreement, Cleaners and Caretakers Agreement
Public Holidays. (1) 17.1 The following days, days or the days observed in lieu shall, subject to subclause (3) of this clause, shall be allowed as holidays without deduction of pay namelypay: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day Provided that another day may be taken as a holiday by arrangement between the Company and Boxing Daythe majority of the employees on the shift affected in lieu of any of the days named in this clause.
(a) 17.2 When any of the days mentioned in subclause Clause 17.1 (1except Easter Saturday) of this clause falls on a Saturday or a Sunday the holidays holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.
17.3 Where a day is proclaimed as a public holiday or public half-holiday under section 7 of the Public and Bank Holidays Act 1972 (b) When WA); and that proclamation does not apply throughout the State or to the metropolitan area of the State, that day shall be a whole holiday or, as the case may be, a half-holiday for the purposes of this agreement within the district or locality specified in the proclamation.
17.4 An employee absent without leave on the day before or the day after any of the days observed holidays referred to in Clause 17.1 shall be liable to forfeit wages for the holiday as well as for the day of absence except where a medical certificate has been provided, in which case wages shall not be forfeited for the holiday. Provided that an employee absent on one day only, either before or after a group of holidays, shall forfeit wages only for one holiday as well as for the period of absence.
17.5 a) Where the services of an employee are terminated by the Company on the day preceding a holiday under this clause falls on a day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is a day that or holidays, otherwise than for misconduct, the employee would normally have worked and he/she has not been required to work on that day, he/she shall be paid as if the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and the employee.
(3) An employee who, on a day observed as a holiday under this clause is required to work during his/her ordinary hours of work shall be paid for the time worked at the rate of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employeesuch holiday or holidays.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: Woolworths Petrol Agreement
Public Holidays. 7.4.1 Subject to clause 5.2 (1) Wages), employees may be rostered to perform work on any of the following Public Holidays without additional payment: • New Years Day (the 1st day of January); • Australia Day (the 26th day of January); • Easter Monday; • Anzac Day (the 25th day of April); • Labour Day; • Queen’s Birthday; • Townsville Show Holiday; • Boxing Day (the 26th day of December). Or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday.
7.4.2 The following days, or payment for these Public Holidays has been included in the days observed annualised wage as prescribed in lieu shall, subject to subclause (3) sub clause 5.2.2 of this clauseagreement.
7.4.3 Due to operational requirements an employee may be required to work on the public Holidays prescribed in clause 7.
4.1; accordingly we shall roster these days under normal guidelines, except for those days referred to in Clause 7.4.4.
7.4.4 In the event that the employer requires work to be allowed as holidays without deduction of pay namely: New Year's Day, Australia Day, performed on (Good Friday, Easter MondaySaturday or Christmas Day), Anzac Dayvolunteers will be sought in the first instance. In the event of insufficient volunteers, Labour Dayselection will be made in the first instance by a mutually agreed alternative means. In the event that agreement cannot be reached, Foundation Daythe employer will determine the means of selection. In the event that an additional public holiday is gazetted, Sovereign's Birthday, Christmas Day the employee will be paid at rate of time and Boxing Day.a half in addition to the ordinary rate for actual hours worked as outlined in clause
(a) When any of the days mentioned in subclause (1) 5.2.1 of this clause falls on agreement with a Saturday minimum of four hours payment, or a Sunday the holidays shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted time in lieu day shall be a holiday without deduction of pay allocated instead. It is recognised that the two days before the Christmas break are considered as “large output days” for work performed, and the day for which it is substituted shall not be a holiday.
(b) When any of the days observed as a holiday under this clause falls company will offer all permanent employees who are rostered on a day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is a day that the employee would normally have worked and he/she has not been required to work on that these two days an incentive payment of $200 gross ($100 each day, he/she shall ). This payment will be paid as if the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay made in lieu of the holiday at a time mutually acceptable to the employer and the employeeany overtime payment.
(3) An 7.4.5 If an employee who, on a day observed as a holiday under this clause is required to perform work during his/her ordinary hours of work shall on the Public Holidays prescribed in clause 7.4.4, payment will be paid for the time worked at the rate of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked made at the rate of time and one-a half and in addition be allowed to take the ordinary rate as outlined in clause 5.2.1 of this agreement with a day's leave with pay on a day mutually acceptable to minimum of four hours payment for each additional Public Holiday worked.
7.4.6 Where there is agreement between the employer and the employeemajority of employees concerned, a Public Holiday may be substituted for another day.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: Carter and Spencer NTH QLD Pty LTD Certified Agreement (No 1) 2006
Public Holidays. (1) 4.4.1 The following days, or the days shall be observed in lieu shall, subject to subclause (3) of this clause, be allowed as holidays without deduction of pay namelypublic holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
4.4.2 The following shall apply to the observance of Christmas Day, Australia Boxing Day, Good FridayNew Year’s Day, Easter Monday2 January, Waitangi day and Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.where such a day falls on either a Saturday or a Sunday:
(a) When any of Where that Saturday and/or Sunday would otherwise be a working day for the days mentioned in subclause (1) of this clause falls on a Saturday or a Sunday employee, the holidays shall public holiday shall, for that employee, be observed on that Saturday and/or Sunday and transfer of the next succeeding observance of the public holiday will not occur.
(b) When an employee, whose ordinary days of work are Monday to Friday, is rostered to be on-call on that Saturday and/or Sunday and when Boxing Day falls is called into work, the parties agree that observance of the public holiday will be transferred to the following Monday and/or Tuesday in accordance with section 44B of the Holidays Act 2003. In that case, the employee will be paid at their ordinary weekend rate of pay as per clause 2.6 for the Saturday and/or Sunday.
(c) When an employee, whose ordinary days of work are Monday to Friday, is rostered to be on-call on a that Saturday and/or Sunday or a Monday and is not called into work, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45(1)(b) and (d) and 45A of the Holidays Act 2003. In that case, the employee will be paid the on call rate as per clause 2.7 (a) or in accordance with the scheduled clause 9 for Hawkes Bay DHB for the Saturday and/or Sunday.
(d) Where, in any other instance, that Saturday and/or Sunday would not otherwise be a working day for the employee, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45(1)(b) and (d) and 45A of the Holidays Act 2003. In that case, the employee will receive no payment for the Saturday and/or Sunday.
4.4.3 In order to maintain essential services, the employer may require an employee to work on a day upon which a public holiday is observed (including a transferred day) if that day, but for it being a public holiday, would otherwise be a working day for the employee.
4.4.4 When employees are required to work on a day upon which a public holiday is observed (including a transferred day), they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
4.4.5 An employee who is required to be on-call on a day upon which a public holiday is observed (including a transferred day), but is not called in to work, shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
4.4.6 Those employees who work a night shift which straddles a public holiday shall be paid as per clause 2.6 (b) (ii) for those hours which occur on the next succeeding Tuesday. In each case the substituted day shall be a public holiday without deduction of pay and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked.
4.4.7 Employees who fall within clause 4.4.2 (a) and who are also required to work on the week day to which observance of the public holiday is transferred for other employees by virtue of clauses 4.4.2 (b) to 4.4.2 (d), will be paid in accordance with clause 4.4.4 for time worked on the public holiday and at weekend rates as per clause 2.5 for time worked on the corresponding week day. For the avoidance of doubt, only one alternative holiday will be granted in respect of each public holiday.
4.4.8 The following shall apply to off-duty days upon which it the employee does not work:
(a) Fulltime employees – For those employees who fall within clauses 4.4.2(b), 4.4.2 (c), and 4.4.2(d), where the weekday to which the observance of the public holiday is substituted shall transferred is a rostered day off for the employee, the employee will be granted one alternative holiday in respect of the public holiday to be taken and paid as specified in the Holidays Act 2003, but will not be a receive any payment for the public holiday.
(b) When any Fixed hours part-time employees – Where a part-time employee’s days of the days observed as a work are fixed, public holiday under this clause falls on a day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is a day that the employee would normally have worked and he/she has not been required to work on that day, he/she shall be paid as entitlements will only arise if the day was an ordinary on which the public holiday is observed would otherwise be a working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and the day for that employee.
(3c) An employee whoNon-fixed hours part-time employees – Where a part-time employee’s days are not fixed, public holiday entitlements will arise if the day of the week on which the public holiday is observed is a day observed as a holiday under this clause is required to work during his/her ordinary hours of work shall be paid for the week that the employee worked more than 40% of the time worked over the last three months. Where public holiday entitlements do arise and the employee does not work, payment will be at the rate of 2.5 times their ordinary rate orrelevant daily pay.
4.4.9 Public holidays falling during leave:
(a) Leave on pay - When a public holiday falls during a period of annual holidays, if he/she agreessick leave on pay or special leave on pay, be paid for the time worked at the rate of time and one-half and in addition be allowed an employee is entitled to take a day's leave with pay on a day mutually acceptable to the employer and the employeethat public holiday which is not debited against such leave.
(4b) The provisions of this clause Leave without pay - An employee shall not apply be entitled to casual employeespayment for a public holiday falling during a period of leave without pay (including sick or military leave without pay) unless the employee has worked during the fortnight ending on the day on which the public holiday is observed.
(c) Leave on reduced pay - An employee, during a period of leave on reduced pay, shall be paid at the relevant daily pay for public holidays falling during the period of such leave.
Appears in 1 contract
Public Holidays. (1a) The All Employees, other than casual Employees, shall be entitled to the following days, or the days observed in lieu shall, subject to subclause (3) of this clause, be allowed as holidays without deduction of pay namelyfrom their weekly wages: Christmas Day, Boxing Day, New Year's ’s Day, Australia Day, Hobart Regatta Day (South of Oatlands), Eight Hours Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Queen’s Birthday, Christmas Show Day and Boxing Day.
(a) When the first Monday in November in those districts where Hobart Regatta Day is not observed, or such other day as may be observed in the locality in lieu of or made additional to any of the days mentioned in subclause (1) of this clause falls on a Saturday or a Sunday the holidays shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holidayaforementioned holidays.
(b) When Show day means not more than one local show day observed on an Employee’s ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the Employee is employed; or such other day which, in the absence of such a local show day, is agreed on by the Employee and the Employer.
(c) Payment for the holidays mentioned in (a) which are taken and not worked, shall be at the ordinary rate of pay of the Employee concerned, for the hours the Employee would have worked if it were not a public holiday and he/she had been at work.
(d) Where an Employee who is entitled to holidays in accordance with (a) is required to work on any day of the holidays mentioned in that subclause, either for part or the whole of such day he/she shall in the case of a shift worker be paid at the rate prescribed in 16(h) and in the case of a day worker be paid at the overtime rate prescribed in this Agreement.
(e) An Employee required to work on any of the days observed holidays mentioned in (a), where such holiday applies at his/her normal place of work but because his/her duties requires the Employee to work at a place where the holiday does not apply, shall have the time in lieu of such holiday added to his/her annual leave entitlement.
(f) Irrespective of actual day of the week Christmas Day penalties will be paid on the day upon which December 25 falls and Tasmanian Statutory Holidays Act 2000 as amended.
(g) Where an Employee is entitled to a holiday in accordance with (a) and is not rostered to work on that holiday, but is recalled to work on that holiday, the Employee will be paid his or her ordinary rate of pay for that holiday in addition to payment for recall under clause 19 of the Agreement.
(h) Part-time Employees (excluding shift workers) The entitlement to public holiday benefits under this clause falls on Agreement for a day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) part-time Employee who is rostered off duty and on the day on which a public holiday occurs is to be determined as follows:
(i) Where a public holiday occurs on a day that the employee a part-time Employee would normally have worked and he/she has work, but the Employee is not been required by the Employer to work on that day, he/she the part-time Employee shall be paid as if an amount equal to the day was an Employee's ordinary working rate of pay for the hours the Employee would normally have worked on that day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday as set out at a time mutually acceptable to the employer and the employeesubclause (c) above.
(3ii) An employee who, Where a public holiday occurs on a day observed as a part-time Employee is not rostered to work, the part-time Employee shall receive a payment in respect of that public holiday under this clause is required equal to work during his/her ordinary hours of work shall be paid for the time worked at the rate of 2.5 times their ordinary rate or, if he/she agrees, be paid of pay for the average daily hours worked by that Employee over the previous six months, or their period of employment by the Employer if less than six months. For clarity, we have set out an example calculation below: Average hours Shift length Public holiday hours 24/ 38 8 5.05
(iii) Notwithstanding where otherwise provided, a part-time worked at the rate of time and one-half and in addition be allowed Employee who is only ever employed between a Monday to take Friday, shall not receive any entitlement to a day's leave with pay public holiday which falls on a day mutually acceptable to the employer and the employeeweekend.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: Enterprise Agreement
Public Holidays. (1) 7.1 The following days, or the days shall be observed in lieu shall, subject to subclause (3) of this clause, be allowed as holidays without deduction of pay namelypublic holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Xxxxxxxx Labour Day Christmas Day Boxing Day Anniversary Day {as observed in the locality concerned)
7.2 The following shall apply to the observance of Waitangi Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Christmas Day, Foundation Boxing Day, SovereignNew Year's BirthdayDay or 2 January, Christmas Day where such a day falls on either a Saturday or a Sunday:
a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and Boxing Daytransfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on duty, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.
b) If an employee is rostered on duty (ai.e. does not apply to on-call work) When any on that Saturday or Sunday but does not work, they will be paid relevant daily pay for the day, and transfer of the days mentioned observance will not occur. Sunday, the weekday is treated as a normal working day for that employee, subject only to the possible payment of weekend rates in subclause accordance with clause 7.5 below.
c) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) {b) and {d) of the Holidays Act 2003. For the purposes of this clause an employee is deemed NOT to have been required to work if they were NOT rostered on duty, or on-call, or were on-call but not called back to work. Note: If both the day on which the holiday falls, and the day to which it would otherwise be transferred are otherwise working days for the employee, then the employer can roster the individual on duty for both days. If, having worked the day on which the public holiday falls, the employer decides to roster them off on the transferred day and the employee was available and willing to work then the employee should suffer no loss of ordinary pay for the transferred holiday.
7.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee.
7.4 When employees work on a public holiday which would otherwise be a working day for the employee, they will be paid the rate as set out in cl.2.2.3(b) (time one (T1) in addition to the ordinary rate of pay) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
7.5 Should Christmas Day, Boxing Day, New Year's Day or 2 January fall on a Saturday or a Sunday the holidays shall be observed on the next succeeding Monday Sunday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.
(b) When any of the days observed as a holiday under this clause falls on a day when a school an employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is a day that the employee would normally have worked and he/she has not been required to work on that day, he/she shall be paid as if the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and the employee.
(3) An employee who, on a day observed as a holiday under this clause is required to work during his/her ordinary hours of work shall (including being on call and called out) on both the public holiday and the week day to which the observance would otherwise be transferred, the employee will be paid in accordance with clause 7.4 for time worked on the public holiday and then at weekend rates for the time worked at on the rate corresponding weekday. Only one alternative holiday will be granted in respect of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employeeeach public holiday.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: Collective Agreement
Public Holidays. (1) 16.1 The following days, or the days shall be observed in lieu shall, subject to subclause (3) of this clause, be allowed as holidays without deduction of pay namelypublic holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
16.2 The following shall apply to the observance of Christmas Day, Australia Boxing Day, Good FridayNew Year’s Day, Easter Monday2 January, Waitangi day and Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.
(a) When any of the days mentioned in subclause (1) of this clause where such a day falls on either a Saturday or a Sunday:
16.2.1 Where that Saturday and/or Sunday would otherwise be a working day for the holidays shall employee, the public holiday shall, for that employee, be observed on that Saturday and/or Sunday and transfer of the next succeeding observance of the public holiday will not occur.
16.2.2 When an employee, whose ordinary days of work are Monday to Friday, is rostered to be on-call on that Saturday and/or Sunday and when Boxing Day falls is called into work, the parties agree that observance of the public holiday will be transferred to the following Monday and/or Tuesday in accordance with section 44B of the Holidays Act 2003. In that case, the employee will be paid at their ordinary weekend rate of pay as per clause 9.0 and Schedule 4 for the Saturday and/or Sunday. When an employee, whose ordinary days of work are Monday to Friday, is rostered to be on-call on a that Saturday and/or Sunday or a Monday and is not called into work, observance of the holiday shall be observed on transferred to the next succeeding Tuesdayfollowing Monday and/or Tuesday in accordance with the provisions of Sections 45(1)(b) and (d) and 45A of the Holidays Act 2003. In each case that case, the substituted employee will be paid as per clause 9.0 for the Saturday and/or Sunday.
16.2.3 Where, in any other instance, that Saturday and/or Sunday would not otherwise be a working day for the employee, observance of the holiday shall be a holiday without deduction transferred to the following Monday and/or Tuesday in accordance with the provisions of pay Sections 45(1)(b) and (d) and 45A of the day Holidays Act 2003. In that case, the employee will receive no payment for which it is substituted shall not be a holidaythe Saturday and/or Sunday.
(b) When any of 16.3 In order to maintain essential services, the days observed as a holiday under this clause falls employer may require an employee to work on a day when upon which a school employee public holiday is observed (see Part IV - Clause 45. - Classifications of this Agreementincluding a transferred day) is rostered off duty and is if that day, but for it being a public holiday, would otherwise be a working day that for the employee would normally have worked and he/she has not been employee.
16.4 When employees are required to work on that a day upon which a public holiday is observed (including a transferred day), he/she they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
16.5 An employee who is required to be on-call on a day upon which a public holiday is observed (including a transferred day), but is not called in to work, shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
16.6 Those employees who work a night shift which straddles a public holiday shall be paid as if per clause 16.4 for those hours which occur on the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu public holiday and the applicable rates for the remainder of the shift. One alternative holiday at a time mutually acceptable to the employer and the employeeshall apply in respect of each public holiday or part thereof worked.
(3) An employee who, on a day observed as a holiday under this 16.7 Employees who fall within clause is 16.2.1 and who are also required to work during his/her ordinary hours on the week day to which observance of work shall be paid the public holiday is transferred for the time worked at the rate other employees by virtue of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employeeclauses 16.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Public Holidays. (1) The following days, or the days shall be observed as public holidays: • New Year's Day • 2 January • Waitangi Day • Good Friday • Easter Monday • ANZAC Day • Sovereign’s Birthday • Matariki • Labour Day • Christmas Day • Boxing Day • Anniversary Day (as observed in lieu the locality concerned)
4.1.1 The following shall apply to the observance of Waitangi Day, Anzac Day, Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:
4.1.2 Where an employee is required to work that Saturday or Sunday, the holiday shall, subject to subclause (3) for that employee, be observed on that Saturday or Sunday, and transfer of the observance will not occur. For the purposes of this clause, be allowed as holidays without deduction of pay namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day an employee is deemed to have been required to work if they were rostered on duty or on-call and Boxing Dayactually called into work. They are not considered to have been required to work if they were on-call but not called back to work.
4.1.3 If an employee is rostered on duty (ai.e. does not apply to on-call work) When any on that Saturday or Sunday but does not work, they will be paid relevant daily pay for the day, and transfer of the days mentioned in subclause (1) of this clause falls observance will not occur.
4.1.4 When the public holiday for the employee is observed on a Saturday or Sunday, the weekday is treated as a Sunday the holidays shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday normal working day for that employee, subject only
4.1.5 Where an employee is not required to work that Saturday or a Monday Sunday, observance of the holiday shall be observed on transferred to the next succeeding Tuesday. In each case following Monday and/or Tuesday in accordance with the substituted day shall be a holiday without deduction provisions of pay and the day for which it is substituted shall not be a holiday.
45 (1) (b) When any and (d) of the days observed as Holidays Act 2003. For the purposes of this clause, an employee is deemed NOT to have been required to work if they were NOT rostered on duty, on-call, or were on-call but not called back to work.
4.1.6 To maintain essential services, the employer may require an employee to work on a public holiday under this clause when the public holiday falls on a day when which, but for it being a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is public holiday, would otherwise be a working day that the employee would normally have worked and he/she has not been required to work on that day, he/she shall be paid as if the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and for the employee.
(3) An employee who, 4.1.7 When employees work on a public holiday which would otherwise be a working day observed for the employee, they will be paid the rate as set out in clause 3.11.2 (time one (T1) in addition to the ordinary rate of pay) for each hour worked. They shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
4.1.8 Should Christmas Day, Boxing Day, New Year’s Day or 2 January fall on a holiday under this clause Saturday or Sunday, and an employee is required to work during his/her ordinary hours of work shall (including being on call and called out) on both the public holiday and the weekday to which the observance would otherwise be transferred, the employee will be paid in accordance with clause 4.1.2 for time worked on the public holiday and then at weekend rates for the time worked at on the rate corresponding weekday. Only one alternative holiday will be granted in respect of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employeeeach public holiday.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: Workers Collective Agreement
Public Holidays. (1) The following days, or the days shall be observed as public holidays: • New Year's Day • 2 January • Waitangi Day • Good Friday • Easter Monday • ANZAC Day • Sovereign’s Birthday • Matariki • Labour Day • Christmas Day • Boxing Day • Anniversary Day (as observed in lieu the locality concerned)
4.1.1 The following shall apply to the observance of Waitangi Day, Anzac Day, Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:
4.1.2 Where an employee is required to work that Saturday or Sunday, the holiday shall, subject to subclause (3) for that employee, be observed on that Saturday or Sunday, and transfer of the observance will not occur. For the purposes of this clause, be allowed as holidays without deduction of pay namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day an employee is deemed to have been required to work if they were rostered on duty or on-call and Boxing Dayactually called into work. They are not considered to have been required to work if they were on-call but not called back to work.
4.1.3 If an employee is rostered on duty (ai.e. does not apply to on-call work) When any on that Saturday or Sunday but does not work, they will be paid relevant daily pay for the day, and transfer of the days mentioned in subclause (1) of this clause falls observance will not occur.
4.1.4 When the public holiday for the employee is observed on a Saturday or Sunday, the weekday is treated as a Sunday the holidays shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday normal working day for that employee, subject only
4.1.5 Where an employee is not required to work that Saturday or a Monday Sunday, observance of the holiday shall be observed on transferred to the next succeeding Tuesday. In each case following Monday and/or Tuesday in accordance with the substituted day shall be a holiday without deduction provisions of pay and the day for which it is substituted shall not be a holiday.
45 (1) (b) When any and (d) of the days observed as Holidays Act 2003. For the purposes of this clause, an employee is deemed NOT to have been required to work if they were NOT rostered on duty, on-call, or were on-call but not called back to work.
4.1.6 To maintain essential services, the employer may require an employee to work on a public holiday under this clause when the public holiday falls on a day when which, but for it being a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is public holiday, would otherwise be a working day that the employee would normally have worked and he/she has not been required to work on that day, he/she shall be paid as if the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and for the employee.
(3) An employee who, 4.1.7 When employees work on a public holiday which would otherwise be a working day observed for the employee, they will be paid the rate as set out in clause 3.11.2 (time one (T1) in addition to the ordinary rate of pay) for each hour worked. They shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
4.1.8 Should Christmas Day, Boxing Day, New Year’s Day or 2 January fall on a holiday under this clause Saturday or Sunday, and an employee is required to work during his/her ordinary hours of work shall (including being on call and called out) on both the public holiday and the weekday to which the observance would otherwise be transferred, the employee will be paid in accordance with clause 4.1.2 for time worked on the public holiday and then at weekend rates for the time worked at on the rate corresponding weekday. Only one alternative holiday will be granted in respect of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employeeeach public holiday.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: National Health Administration Workers Collective Agreement
Public Holidays. (1) 16.1 The following days, or the days shall be observed in lieu shall, subject to subclause (3) of this clause, be allowed as holidays without deduction of pay namelypublic holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) The following shall apply to the observance of Christmas Day, Australia Boxing Day, Good FridayNew Year’s Day, Easter Monday2 January, Waitangi day and Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.
(a) When any of the days mentioned in subclause (1) of this clause where such a day falls on either a Saturday or a Sunday: Where that Saturday and/or Sunday would otherwise be a working day for the holidays shall employee, the public holiday shall, for that employee, be observed on that Saturday and/or Sunday and transfer of the next succeeding observance of the public holiday will not occur. When an employee, whose ordinary days of work are Monday to Friday, is rostered to be on-call on that Saturday and/or Sunday and when Boxing Day falls is called into work, the parties agree that observance of the public holiday will be transferred to the following Monday and/or Tuesday in accordance with section 44B of the Holidays Act 2003. In that case, the employee will be paid at their ordinary weekend rate of pay as per clause 9.0 and Schedule 4 for the Saturday and/or Sunday. When an employee, whose ordinary days of work are Monday to Friday, is rostered to be on-call on a that Saturday and/or Sunday or a Monday and is not called into work, observance of the holiday shall be observed on transferred to the next succeeding Tuesdayfollowing Monday and/or Tuesday in accordance with the provisions of Sections 45(1)(b) and (d) and 45A of the Holidays Act 2003. In each case that case, the substituted employee will be paid as per clause 9.0 for the Saturday and/or Sunday. Where, in any other instance, that Saturday and/or Sunday would not otherwise be a working day for the employee, observance of the holiday shall be a holiday without deduction transferred to the following Monday and/or Tuesday in accordance with the provisions of pay Sections 45(1)(b) and the day for which it is substituted shall not be a holiday.
(bd) When any and 45A of the days observed as a holiday under this clause falls Holidays Act 2003. In that case, the employee will receive no payment for the Saturday and/or Sunday. In order to maintain essential services, the employer may require an employee to work on a day when upon which a school employee public holiday is observed (see Part IV - Clause 45. - Classifications of this Agreementincluding a transferred day) is rostered off duty and is a day that the employee would normally have worked and he/she has not been required to work on if that day, he/she shall but for it being a public holiday, would otherwise be paid as if the a working day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and for the employee.
(3) An employee who, on a day observed as a holiday under this clause is required to work during his/her ordinary hours of work shall be paid for the time worked at the rate of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employee.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: Collective Agreement
Public Holidays. (1) This clause replaces subclauses (1), (2) and (3) of Clause 16. - Holidays and Annual Leave, of the Hospital Salaried Officers Award No. 39 of 1968, respectively.
(2) The following days, days or the days observed in lieu shall, thereof shall subject to subclause (3) of this clauseas hereinafter provided, be allowed as holidays without deduction of pay namely: pay, namely New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this Subclause.
(a3) When Where any of the days mentioned in subclause (12) of this clause falls on a Saturday or a Sunday the holidays holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday Monday, the holiday shall be observed on the next succeeding Tuesday. In each case , provided that for shift workers only:
(a) the substituted December 25th Christmas Day Holiday will be observed on December 25th; and
(b) paid at the rate of double time and a half or, if the employer agrees, be paid at the rate of time and a half and day off in lieu be taken on a day mutually acceptable to the employer and the employee.
(c) There will be no substitute holiday for the December 25th Christmas Day Holiday for shift workers on the next succeeding Monday.
(a) When any of the days observed as a holiday in this clause fall during a period of annual leave the holiday or holidays shall be a holiday without deduction observed on the next succeeding work day or days as the case may be after completion of pay and the day for which it is substituted shall not be a holidaythat annual leave.
(b) When any of the days observed as a holiday under as prescribed in this clause falls fall on a day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) shift worker is rostered off duty and is a day that the employee would normally have worked and he/she worker has not been required to work on that day, he/she day he shall be paid as if the day was an ordinary working day, day or if he/she agrees, the employer agrees be allowed to take a day's leave with pay holiday in lieu of the holiday at a time mutually acceptable to the employer and the employeeworker.
(3a) An employee whoAny worker, subject to paragraph (b) of this subclause, who is required to work on a the day observed as a holiday under as prescribed in this clause is required to work during his/her in his normal hours of labour or ordinary hours in the case of work a shift worker shall be paid for the time worked at the rate of 2.5 times their ordinary rate or, double time and a half or if he/she agrees, the employer agrees be paid for the time worked at the rate of time and one-a half and in addition be allowed to take a day's leave with pay observe the holiday on a day mutually acceptable to the employer and the employeeworker.
(4i) The A worker who is instructed by his employer to hold himself on-call in accordance with the provisions of subclause (10) of Clause 14. – Overtime, of the Award, on a day observed as a public holiday during his normal hours of labour or his ordinary hours in the case of a shift worker shall be allowed to observe that holiday on a day mutually acceptable to the employer and the worker.
(ii) A worker who is holding himself on-call during the period specified in the preceding paragraph in accordance with subclause (10) of Clause 14. – Overtime, of the Award shall be paid for any time worked during the period at the rate of time and a half in accordance with the provisions of subclause (9) of Clause 14. – Overtime, of the Award.
(c) A worker who is required to work on a public holiday outside of the hours referred to in subclause (5)(a) hereof shall be paid in accordance with subclause (2)(b) of Clause 14. – Overtime, of the Award.
(6) Casual employees required to work on a holiday as prescribed in subclause (2) of this clause shall not apply to be paid at the ordinary casual employeesrate for the time worked plus 50% of the ordinary rate for an equivalently classified permanent employee for the ordinary hours worked on that day.
Appears in 1 contract
Samples: Employment Agreement
Public Holidays. (1) 16.1 The following days, or the days shall be observed in lieu shall, subject to subclause (3) of this clause, be allowed as holidays without deduction of pay namelypublic holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
16.2 The following shall apply to the observance of Christmas Day, Australia Boxing Day, Good FridayNew Year’s Day, Easter Monday2 January, Waitangi day and Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.
(a) When any of the days mentioned in subclause (1) of this clause where such a day falls on either a Saturday or a Sunday:
16.2.1 Where that Saturday and/or Sunday would otherwise be a working day for the holidays shall employee, the public holiday shall, for that employee, be observed on that Saturday and/or Sunday and transfer of the next succeeding observance of the public holiday will not occur.
16.2.2 When an employee, whose ordinary days of work are Monday to Friday, is rostered to be on-call on that Saturday and/or Sunday and when Boxing Day falls is called into work, the parties agree that observance of the public holiday will be transferred to the following Monday and/or Tuesday in accordance with section 44B of the Holidays Xxx 0000. In that case, the employee will be paid at their ordinary weekend rate of pay as per clause 9.0 and Schedule 4 for the Saturday and/or Sunday. When an employee, whose ordinary days of work are Monday to Friday, is rostered to be on-call on a that Saturday and/or Sunday or a Monday and is not called into work, observance of the holiday shall be observed on transferred to the next succeeding Tuesdayfollowing Monday and/or Tuesday in accordance with the provisions of Sections 45(1)(b) and (d) and 45A of the Holidays Xxx 0000. In each case that case, the substituted employee will be paid as per clause 9.0 for the Saturday and/or Sunday.
16.2.3 Where, in any other instance, that Saturday and/or Sunday would not otherwise be a working day for the employee, observance of the holiday shall be a holiday without deduction transferred to the following Monday and/or Tuesday in accordance with the provisions of pay Sections 45(1)(b) and (d) and 45A of the day Holidays Xxx 0000. In that case, the employee will receive no payment for which it is substituted shall not be a holidaythe Saturday and/or Sunday.
(b) When any of 16.3 In order to maintain essential services, the days observed as a holiday under this clause falls employer may require an employee to work on a day when upon which a school employee public holiday is observed (see Part IV - Clause 45. - Classifications of this Agreementincluding a transferred day) is rostered off duty and is if that day, but for it being a public holiday, would otherwise be a working day that for the employee would normally have worked and he/she has not been employee.
16.4 When employees are required to work on that a day upon which a public holiday is observed (including a transferred day), he/she they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Xxxxxxxx Xxx 0000.
16.5 An employee who is required to be on-call on a day upon which a public holiday is observed (including a transferred day), but is not called in to work, shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Xxxxxxxx Xxx 0000.
16.6 Those employees who work a night shift which straddles a public holiday shall be paid as if per clause 16.4 for those hours which occur on the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu public holiday and the applicable rates for the remainder of the shift. One alternative holiday at a time mutually acceptable to the employer and the employeeshall apply in respect of each public holiday or part thereof worked.
(3) An employee who, on a day observed as a holiday under this 16.7 Employees who fall within clause is 16.2.1 and who are also required to work during his/her ordinary hours on the week day to which observance of work shall be paid the public holiday is transferred for the time worked at the rate other employees by virtue of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the employeeclauses 16.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: Medical Radiation Technologists Collective Agreement
Public Holidays. (1) 16.1 The following days, days or the days observed in lieu shall, subject to subclause (3) of this clauseas hereinafter provided, be allowed as holidays without deduction of pay namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.
(a) 16.2 When any of the days mentioned in subclause (1) of this clause 16.1 falls on a Saturday or a Sunday the holidays holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.
(b) When any 16.3 With the exception of the days observed as a holiday under this clause falls holidays listed in 16.6, all work done on a day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty the holidays prescribed in 16.1 and is a day that the employee would normally have worked and he/she has not been required to work on that day, he/she shall be paid as if the day was an ordinary working day, or if he/she agrees, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to the employer and the employee.
(3) An employee who, on a day observed as a holiday under this clause is required to work during his/her ordinary hours of work 16.4 shall be paid for the time worked at the rate of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition an additional day on full pay shall be allowed added to take a day's the amount of annual leave with pay on to which the employee is entitled under the provisions of this clause for each day or part of a day mutually acceptable to so worked. Provided that, if by agreement between the employer and the employee or as a result of the employee's own default, only part of a day is worked by the employee on any such day, an addition shall be made to such annual leave equivalent only to the time actually worked on such day. Provided further that at the option of the employer, the foregoing provision shall be deemed to have been complied with if all work performed on the holidays prescribed in 16.1 and 16.4 is paid for at the rate of double time and one-half.
(4) The provisions 16.4 Where an employee has additional leave granted pursuant to 16.3, the employer may require such leave to be taken within twelve months of this clause shall not apply to casual employeesfalling due.
Appears in 1 contract
Samples: Collective Agreement
Public Holidays. (1i) The following days, days or the days observed in lieu shall, subject to subclause (3) of this clauseas hereinafter provided, be allowed as holidays holidays, without deduction of pay pay, namely: New Year's Day, Australia DayDay (26th January), Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.
(a) When ; Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days mentioned named in subclause the subclause.
(1ii) of this clause Where Christmas Day or New Year's Day falls on a Saturday or a Sunday the holidays Sunday, such holiday shall be observed on the next succeeding Monday and when where Boxing Day falls on a Sunday or a Monday the such holiday shall be observed on the next succeeding Tuesday. In ; in each such case the substituted day shall be deemed a holiday without deduction of pay and in lieu of the day for which it is substituted shall not be a holidaysubstituted.
(b) When any of the days observed as Work done on a holiday under this clause falls on a day when a school employee (see Part IV - Clause 45. - Classifications of this Agreement) is rostered off duty and is a day that the employee would normally have worked and he/she has not been required to work on that day, he/she shall be paid for at double time rates provided that at the option of the employer in lieu of payment at double time rates the worker shall be paid for the time worked as if the day was it were an ordinary working dayday and shall, or if he/she agreesin addition, be allowed a day's leave with pay in lieu of the holiday at a time mutually acceptable to be added to the employer and annual leave or to be taken at some subsequent date if the employeeworker so agrees.
(3c) An employee whoWhen a worker is off duty owing to leave without pay or sickness, including accidents on a day observed or off duty, except time for which he is entitled to claim sick pay, any holiday falling during such absence shall not be treated as a holiday under paid holiday. Where the worker is on duty or is available on the working day immediately preceding a holiday, or resumes duty or is available on the working day immediately following a holiday, as prescribed in this clause is required to work during his/her ordinary hours of work clause, the worker shall be entitled to a paid for the time worked at the rate of 2.5 times their ordinary rate or, if he/she agrees, be paid for the time worked at the rate of time and one-half and in addition be allowed to take a day's leave with pay holiday on a day mutually acceptable to the employer and the employeeall such holidays.
(4) The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Samples: Industrial Agreement