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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.369
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C5113
Award Code 701  
Date Posted10/06/2006

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Warehouse Employees Drug (State) Award





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





1.          Delete clause 20 Holidays, of the award published 25 May 2001 (324 I.G. 1181), and insert in lieu thereof the following:


20.  Holidays


(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 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 shall also be a holiday.  Employees within a radius of 32.18 kilometres of the Newcastle Post Office shall be allowed off at 12 noon on the day on which the official opening of the Newcastle Show takes place.


(b)        In addition to the holiday specified in subclause (a) of this clause, one additional holiday shall apply in each calendar year to an employee on weekly hire.  Such holiday shall be on the day prescribed in subclause 7.5.1(b), Public Holidays, of the Metal, Engineering and Associated Industries Award 1998 - Part I, as an additional holiday in New South Wales; provided where any other working day is observed as an additional day by the general body of employees in any establishment, then such day shall be substituted for the additional holiday hereinbefore prescribed.  By agreement between an employer and an employee, or an employer and the majority of his or her employees another day may be substituted for the additional holiday prescribed by this subclause in such employer's undertaking.


(c)        No deduction shall be made from the wages of weekly employees for a week in which any of such holidays fall.


(d)        Every 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 or she would have worked had the day not been a holiday.  Provided that if an employee is absent on the working day before or the working day after a public holiday, without permission from the employer or without reasonable cause for such absence, he or she shall not be entitled to payment for such 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.


I. TABBAA, Commissioner.




Printed by the authority of the Industrial Registrar.

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