Employees Drug (State) Award
COMMISSION OF NEW SOUTH WALES
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
1. Delete clause
20 Holidays, of the award published 25 May 2001 (324 I.G. 1181), and insert in
lieu thereof the following:
(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.
variation shall take effect from 21 March 2006.
M. J. WALTON J,
R. P. BOLAND J.
I. TABBAA, Commissioner.
the authority of the Industrial Registrar.