Pharmacy Assistants (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

 

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

 

(No. IRC 1034 of 2006)

 

 

VARIATION

 

1.          Delete Clause 22 Holidays, of the award published 13 October 2000 (319 I.G. 285), and insert in lieu thereof the following:

 

22.  Holidays

 

(i)         The days observed as New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and 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.

 

(ii)        In the week in which any such holiday falls an employee shall be deemed to have worked the number of ordinary hours which the employee would have worked if the day had not been a holiday and shall be paid accordingly.

 

(iii)       An employee required to work on a holiday as defined in subclause (i) of this clause shall be reimbursed in one of the following three alternatives at the employer's choice:

 

(a)        At the rate of double time and one‑half the ordinary rate as prescribed in Clause 13, Wages, of this Award, or

 

(b)        At time and one‑half the ordinary rate prescribed in Clause 13, Wages, of this Award and in addition the employee shall be allowed one day off work payable at the normal rate, or

 

(c)        Time and one‑half the ordinary rate of pay as prescribed in Clause 13, Wages, plus one extra day added to the employee's annual holidays.

 

(iv)       In addition to the holidays prescribed in subclause (i) of this clause, weekly and regular part‑time employees shall be entitled to an additional holiday without loss of pay.  This day shall be on the first Tuesday of November in any year.  An employer and an employee or an employer and the majority of employees in an establishment, may agree to observe an alternative day as a holiday in lieu of the first Tuesday in November in any year.  An employer and an employee, or an employer and the majority of employees in an establishment, may agree to observe an alternative day as a holiday in lieu of the first Tuesday in November.  Provided that in no circumstances shall an employee forfeit the entitlement to an additional holiday and where an employee's employment terminates prior to the taking of such additional day the employee shall receive an additional day's pay on termination.

 

(v)        An employee absent without leave on the day before or the day after any Award holiday shall be liable to forfeit wages for the day of absence as well as for the holiday except where an employer is satisfied that the employee's absence was caused through illness 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.

 

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.