Employees' - General (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
11 Holidays and Sundays, of the award published 23 November 2001 (329 I.G.
860), and insert in lieu thereof the following:
11. Holidays and
(i) The following
day or days observed as such shall be holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing
Day or any other day gazetted as a public holiday within the area covered by
this award; 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 addition
to the holidays prescribed in subclause (i) of this clause employees shall be
entitled to an additional public holiday.
The date of such additional public holiday shall be set
by agreement between an employer and an employee or an employer and the
majority of employees in an establishment, having taken into consideration the
operation of the particular establishment; provided that where an additional
holiday is observed as a holiday by the general body of employees in an
establishment then such day shall be substituted and observed as the additional
award holiday under this award.
employee allowed a holiday specified herein shall be deemed to have worked in
that week in which the holiday falls the number of ordinary working hours that
he would have worked had the day not been a holiday.
(iv) For all work
done on Sunday double time shall be paid with a minimum payment of four hours;
for all work done on holidays, double time and one-half shall be paid with a
minimum payment of four hours.
(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.
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.