Common use of RDO falling on a public holiday Clause in Contracts

RDO falling on a public holiday. (a) A shift worker who by the circumstances of the arrangement of the ordinary hours of work is entitled to a rostered day off which falls on a public holiday prescribed by this Agreement shall, at the discretion of the employer be paid for that day seven hours 36 minutes at ordinary rates or have an additional day of annual leave. This provision shall not apply when the holiday on which the employee is rostered off falls on a Saturday or Sunday. (b) In the case of an employee whose ordinary hours of work are arranged so that a weekday is fixed as the employee’s rostered day off during a particular work cycle, the weekday to be taken off shall not coincide with a public holiday fixed in accordance with clause 53 - Public holidays of this Agreement. Provided that, in the event that a public holiday is prescribed after an employee has been given notice of a weekday off in accordance with this Agreement and the public holiday falls on the weekday the employee is to take off, the employer shall allow the employee to take the day off on an alternative weekday. (c) Where clause 42.3.3 applies, and: • the employee is rostered off for both the Actual Day and the Other Day, then only one day’s payment will be made under paragraph 42.3.3(a); or • the employee works only on either the Actual Day or Other Day (as defined in clause 53 – Public Holidays) and receives penalty rates for the day worked, the Employee will not receive a payment under sub-clause 42.3.3(a) in respect of the day not worked. • For the avoidance of doubt an employee may only receive public holiday penalties for either the Actual Day or the Other Day, but not both.