Cleaning and Building Services Contractors (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL BENCH

 

Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch, Industrial Organisation of Employees.

 

(No. IRC 1512 of 2006)

 

 

VARIATION

 

1.          Delete clause 18, Public Holidays, of the award published 24 March 2006 (358 I.G. 502) and insert in lieu thereof the following:

 

18.  Public Holidays

 

(i)         The following holidays shall be observed: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day and any day which may hereafter be proclaimed as a public holiday throughout the State, and an additional public holiday, which may be held on the first Monday in August each year, or any other day by agreement between the employer and the majority of employees, or the employer and any individual employee.

 

Where a substituted day is proclaimed or gazetted to replace any of the above days, the substituted day shall be the public holiday in lieu of the original day.

 

(ii)        For employees other than those engaged pursuant to the New South Wales Government Sites Cleaning Contracts, the additional public holiday shall be held as follows:

 

(a)        An employer may substitute an alternative Monday or Friday within a six-month period of the first Monday in August as an alternative additional holiday, provided that the employees are notified in writing as at the first Monday in August of the date of such alternative day and, provided further, where an employees employment is terminated and the employee has not taken an alternative day, the employee shall be paid an additional day's pay on termination of employment.

 

(b)        Where another day is observed as a holiday by the general body of workers in any building or establishment where the employee is usually employed, then such day shall be substituted for the additional public holiday for such employees not required to work in that building or establishment on that day.

 

(iii)       For employees engaged pursuant to the New South Wales Government Sites Cleaning Contracts the date the additional holiday is to be taken at the various sites shall be agreed between the employer and the majority of employees by December of the year before the additional day is due to be taken.

 

(iv)       Full-time and part-time employees shall be entitled to the above holidays without loss of pay.

 

(v)        Employees shall be paid at the rate of double time and one half for all time worked on the above public holidays, with a minimum payment of three hours, except where the provisions of paragraphs (a) or (b) of subclause (iii) of clause 12, Part-time Employees, applies, in which case a minimum of two hours shall apply.

 

(vi)       Except where a full-time or part-time employee is dismissed for serious and wilful misconduct, such an employee whose services are terminated by notice given by an employer to expire ten days or less before a public holiday or a group of public holidays, shall be entitled to be paid for such holiday or group of holidays in accordance with subclauses (i) and (ii) of this clause.

 

(vii)      Seven-day Shift Workers -

 

(a)        Where a public holiday occurs on a rostered day off of a seven-day shift worker, other than an RDO given pursuant to the provisions of clause 6, Rostered Days Off (RDO), and:

 

(1)        Such employee is not required to work on that day, the employer shall add an additional day's pay to the employees weekly wage in respect of such day.

 

(2)        The employer may, in lieu of the payment prescribed in subparagraph (1) of this paragraph, add a day to the employees annual leave.

 

(3)        The provisions of this clause shall not apply to a part-time weekend employee as defined in subclause (iii) of clause 3, Definitions.

 

(4)        The provisions of subparagraphs (i) and (ii) of this paragraph shall not apply to employees engaged on a non-rotating roster.

 

2.          This variation shall take effect on and from 22 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.