Joiners (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL BENCH

 

Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch), Industrial Organisation of Employees.

 

(No. IRC 6759 of 2005)

 

 

VARIATION

 

1.          Delete clause 25, Public Holidays and Holiday Work, of the award published 26 October 2001 (328 I.G. 1142), and insert in lieu thereof the following:

 

25.  Public Holidays and Holiday Work

 

25.1      An employee, other than a casual employee (as defined), shall be entitled to the following holidays without deduction of pay: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight hour Day or Labour Day, Christmas Day, Boxing Day or such other day as is generally observed in a locality as a substitute for any of the said days respectively. Provided that if any other day be, by a State Act of Parliament or State Proclamation, substituted for any of the said holidays, the day so substituted shall be observed.

 

25.2      In addition to the holidays prescribed in subclause 25.1, an additional public holiday shall apply to an employee in the State in the manner set out below:

 

Industry Picnic Day (being the first Monday in December).

 

All employees shall, as far as practicable, be given and shall take this day as industry picnic day without deduction of pay. An employer may require from an employee evidence of his/her attendance at the industry picnic day and the production of a butt of a picnic ticket issued for the industry picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the employer, payment need not be made unless the evidence is produced. Where an employer holds a regular picnic for their employees on some other working day during the year such day may be given and may be taken as an industry picnic day in lieu of the industry picnic day here fixed.

 

This clause shall apply to apprentices working within the Counties of Cumberland, Northumberland and Camden and in such other areas where an industry picnic is organised.

 

The provisions shall not apply to any apprentice who is required to attend a technical college or other institution for the purpose of receiving instruction and/or submitting themself for any examination. In such case the employer and apprentice mutually may agree that the apprentice shall be allowed another working day off with pay in lieu of the industry picnic day. Where this is not practicable, the apprentice shall be paid at the overtime rates prescribed herein.

 

25.3      Provided that an employer whose business is situated near a State or Territory border and whose operations traverse the border may elect to follow a particular State or Territory's public holidays, subject to agreement with the employees and/or their nominated representative (where applicable).

 

25.4      For the purpose of this award, "Show Day" shall mean the local show day in cities, towns or districts of the State when that day, in the locality of the employer's premises, occurs on an employee's ordinary working day.

 

25.5      By agreement between any employer and the employees and/or their nominated representative (where applicable) other day(s) may be substituted for the said day(s).

 

25.6      Where in a State or locality within a State an additional public holiday, excluding Show Day, is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or a locality thereof, other than those covered by Federal awards, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purposes of this award for employees covered by this award who are employed in the State or locality in respect of which the holiday has been proclaimed or ordered as required. Provided that an employee shall not be entitled to the benefit of more than one holiday upon such occasion.

 

25.7      All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof, shall be paid for at the rate of double time and a half for the time worked An employee required to work on a holiday shall be afforded at least four hours work or be paid for four hours at the appropriate rate.

 

25.8      An employee shall not be entitled to receive payment for such public holidays unless the employee has worked as required by the employer the working day immediately before and the working day immediately after such a holiday, or is absent with the permission of the employer or is absent with reasonable cause. Absences arising by termination of employment by the employee shall be reasonable cause.

 

2.          This order shall take effect on and from 23 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.