Community Pharmacy (State) Award 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Shop, Distributive and Allied Employees' Association, New South Wales, Industrial Organisation of Employees.

 

(No. IRC 1034 of 2006)

 

 

VARIATION

 

1.          Delete clause 31 Public Holidays, of the award published 21 December 2001 (330 I.G. 597), and insert in lieu thereof the following:

 

31.  Public Holidays

 

31.1      Public Holidays

 

31.1.1               Full-time and part-time employees shall be entitled, without loss of pay, to holidays on the following days:

 

(a)        New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day; and

 

(b)       The first Tuesday in November, or on any other day mutually agreed to between the employer and the employee; and

 

(c)        any other day proclaimed as a public holiday for the State shall be holidays provided that any day proclaimed as a holiday for the State for a special purpose but observed throughout the State on different days also shall be a holiday.

 

31.1.2               Any work performed on a day specified in subclause 31.1.1 shall be paid at the Public Holidays rate of pay in accordance with subclause 19.6.

 

31.1.3               When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

 

31.1.4               When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

 

31.1.5               When New Year’s Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.

 

31.1.6               An employer, with the agreement of the Union, may substitute another day for any prescribed in this clause.

 

31.1.7               An employer and his or her employees may agree to substitute another day for any prescribed in this clause.  For this purpose, the consent of the majority of affected employees shall constitute agreement.

 

31.1.8               An agreement pursuant to 31.1.6 shall be recorded in writing and be available to every affected employee.

 

31.1.9               The Union shall be informed of an agreement pursuant to 31.1.6 and may within seven days refuse to accept it.  The Union will not unreasonably refuse to accept the agreement.

 

31.1.10             If the Union, pursuant to 31.1.9, refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees, and the Union.

 

31.1.11             If no resolution is achieved pursuant to 31.1.10, the employer may apply to the Industrial Relations Commission of New South Wales for approval of the agreement reached with his or her employees.  Such an application must be made fourteen or more days before the prescribed holiday.  After giving the employer and the Union opportunity to be heard, the said Commission will determine the application.

 

31.2      Full-Time Employees Who Do Not Regularly Work A Five-Day, Monday - Friday Week

 

31.2.1               Such an employee will not be disadvantaged by the fact that a prescribed holiday falls upon a day when the employee would not be working.  The appropriate compensation is:

 

(a)        An alternative "day off"; or

 

(b)       An addition of one day to annual leave; or

 

(c)        An additional day’s wages.

 

31.2.2               Where a full-time employee normally works on Saturdays and/or Sundays and a public holiday falls on the weekend and is the subject of a substitution provision, the employee shall either:

 

(a)        Have the "actual" day off without loss of pay, with no additional entitlement to the substitute day; or

 

(b)       If required to work on the "actual" day, be paid the normal Saturday or Sunday rate and be entitled to the substitute day, or if the substitute day falls on the employee’s normal "day off", an alternative day off (as per subclause 30.2.1 above).

 

(c)        If required to work on both the "actual" day and the substitute day be paid the normal Saturday or Sunday rate for work on the "actual" day and in recognition of the work performed on the substitute day receive either:

 

(i)         An alternative "day off"; or

 

(ii)        An addition of one day to annual leave; or

 

(iii)       Payment of public holiday rates for the day’s work.

 

31.2.3               For the purpose of this subclause "an alternative day off", "an addition of one day to annual leave" or "an additional days’ wages" shall mean 7.6 hours.

 

31.2.4               Full-time employees who do not work a five day week should get the hours that they work and 7.6 hours where holidays fall on days they do not work.

 

31.3      Non-Casual Part-Time Employees

 

31.3.1               Where the normal roster of a part-time employee includes a day which is a holiday the employee should either enjoy the holiday without loss of pay or receive the appropriate public holiday rate for working on it.

 

31.3.2               Where a part-time employee normally works on Saturdays and/or Sundays and a public holiday falls on the weekend and is the subject of a substitution provision, the employee shall either:

 

(a)        Have the "actual" day off without loss of pay, with no additional entitlement to the substitute day; or

 

(b)       If required to work on the "actual" day, be paid at the normal Saturday or Sunday rate and be entitled to take another day, which may or may not be the prescribed substitute day, as a holiday or receive payment at ordinary-time rates for an additional day of equal length.

 

31.3.3   A part-time employee who works an average five days per week, but whose roster is not a regular Monday to Friday roster, will not be disadvantaged by the fact that a prescribed holiday falls upon a day when the employee would not be working.  The appropriate compensation is:

 

(a)        An alternative "day off"; or

 

(b)       An addition of one day to annual leave; or

 

(c)        An additional day’s wages.

 

For the purposes of this subclause ‘day off’ shall mean the average number of hours rostered per day by the employee in the four week cycle prior to the public holiday.

 

31.4      When Christmas Falls On A Saturday Or Sunday

 

Permanent full-time and part-time employees required to work on 25 December shall receive the Saturday or Sunday rate (as appropriate) plus a loading of 50 per cent (of the ordinary time rate) and be entitled to the benefit of a substitute day.

 

31.5      Casual Employees

 

No special provisions apply to substitute days.

 

31.6      Time Off in Lieu of Payment for Penalty Rates

 

Where an employer and employee agree time off at the penalty equivalent, or any part of it, may be taken in lieu of penalty payments for Public Holidays only.  Provided that such time off is taken within 28 days or is accumulated and added to the period of annual leave.

 

2.          This variation shall take effect from 21 March 2006.

 

 

 

M. J. WALTON  J, Vice-President.

R. P. BOLAND  J.

I. TABBAA, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.