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)

 

 

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.

 

 

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Printed by the authority of the Industrial Registrar.