ROCK AND ORE MILLING AND REFINING (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 5767 of 2004)

 

 

VARIATION

 

1.          Delete clause 10, Holidays, of the award published 27 July 2001 (326 I.G. 429) and insert in lieu thereof the following:

 

10.  Holidays

 

(i)         Payment (to the amount which would ordinarily have been paid had the day been a working day) shall be made for the following days or the days upon which they are observed:

 

New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day, an additional day’s holiday to be observed pursuant to subclause (ii) of this clause and any other day gazetted or proclaimed as a public holiday within the State.

 

(ii)

 

(a)        An employee shall be entitled to one additional day as a holiday (picnic day) in each calendar year.  Such additional holiday shall be observed on a day agreed to in writing by the majority of employees in the workplace concerned and the employer.  Should no agreement be reached for the additional holiday (picnic day), such holiday shall be taken on the first Monday in December in each year as the picnic day of The Australian Workers’ Union, New South Wales.  The additional holiday is not cumulative and must be taken within each calendar year.  Where practicable, The Australian Workers’ Union, New South Wales shall give both Australian Business Industrial and Employers First one month’s notice of the commencing time, date and location of the picnic for information purposes only.

 

(b)        Employees not required to work on the said holiday (picnic day) shall be paid for the holiday (picnic day) at the ordinary rates of pay prescribed in clause 3, Wages.

 

(c)        Employees required to work on the holiday (picnic day) shall be paid at the rate of double time and one half for a minimum of four hours.

 

(d)        An employer may require from an employee evidence of attendance at the picnic and the production of the butt of the picnic ticket issued for the picnic shall be sufficient evidence of attendance.  Where such evidence is requested by the employer, payment need not be made unless the evidence is produced.  This paragraph shall not apply where it is impracticable for an employee to attend the picnic due to the employee’s geographical location or where there is an agreement pursuant to paragraph (a) of subclause (ii) above.

 

(iii)       No deduction shall be made from the wages of a weekly hand for holidays not worked and, if work is done on a holiday, the employee shall be paid at the rate of double time and a half for the time worked, with a guarantee of four hours’ pay.

 

(iv)       When an employee is absent from employment on the working day before or after a holiday without reasonable excuse or without the employer’s consent, the employee shall not be entitled to payment for such holiday.

 

2.          This variation shall take effect from the first full pay period to commence on or after 1 January 2005.

 

 

 

D. W. RITCHIE, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.