Restaurant,
&c., Employees'
Retail Shops (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)
Before The Honourable
Justice Walton, Vice-President
|
21 March 2006
|
The Honourable Justice
Boland
|
|
Commissioner Tabbaa
|
|
VARIATION
1. Delete clause
13 Holidays, of the award published 31 August 2001 (327 I.G. 368), and insert
in lieu thereof the following:
13. Holidays
(i)
(a) 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
all days proclaimed as Public holidays for the State for a special purpose but
observed throughout the State on different days also shall be a holiday.
(b) Every
full-time or part-time employee allowed a holiday specified herein shall be
deemed to have worked in the week in which the holiday falls the number of
ordinary working hours that he would have worked had the day not been a
holiday.
Provided that any full-time or part-time employee whose
roster is changed with the intent of avoiding or reducing payment due or the
benefit applicable under this clause and who would, but for the change of
roster, have been entitled otherwise to a payment or benefit for a public
holiday or holidays shall be paid for such holiday or holidays as if their
roster had not been changed.
Provided further that where a full-time or part-time
employee is rostered so that they do not work their ordinary hours on the same
days each week and the employee's rostered day off falls on a day prescribed as
a holiday in paragraph (a) of this subclause the employee shall be paid by
mutual agreement between the employer and the employee in one of the following
methods:
(1) payment of an
additional day's wages;
(2) addition of one
day to the employee's annual holidays;
(3) another day
may be allowed off with pay to the employee within twenty-eight days after the
holiday falls, or during the week prior to the holiday.
For the purpose of this paragraph "day" means
the average number of hours in the employee's normal roster cycle worked by the
employee prior to the day on which the public holiday falls.
(ii) 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.
(iii) Work done on
any of the holidays prescribed in subclause (i) hereof shall be paid for at the
rate of double time and one-half with a minimum payment of three hours.
(iv) In addition to
the holidays prescribed in subclause (i) of this clause, full-time and
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, or on any other day agreed to by the appropriate union.
Where the establishment of an employer remains open and
a full-time or part-time employee volunteers to work on the first Tuesday in
November, such employee shall then be given another day off without loss of
pay. Such alternate day shall be given
and taken not later than 28 days after the nominated day on a day mutually
agreed between the employer and the employee.
Provided that 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 his entitlement to the additional holiday and should such extenuating
circumstances arise where the day is not taken as prescribed above it must be
given and taken on a day without loss of pay added to the employee's next
period of annual leave.
Provided further that where a full-time or part-time
employee's employment terminates prior to the taking of such alternate day, the
employee shall receive an additional day's pay on termination.
Provided further that employees on annual leave or long
service leave on the day referred to in this subclause shall have an additional
day added to their next 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.
____________________
Printed by the
authority of the Industrial Registrar.