Telstra Corporation General Conditions Award 2001

AP806392 - Telstra Corporation General Conditions Award 2001

12. PAYMENT FOR PUBLIC HOLIDAY WORK

12.1 Payment for work on a public holiday

[12.1.1 substituted by PR989986 from 16Oct09]

12.1.1 Subject to this clause, for rostered holiday work not exceeding the prescribed weekly hours, an employee will be entitled to payment at double time and a half (inclusive of the payment contained in clause 12.7) for time actually worked on the holiday.

12.1.2 The minimum extra payment payable under 12.1.1 for each separate attendance will be:-

12.1.2(a) four hours for staff who are not in a restriction situation covered in clause 22 – Essential customer servicing.

12.1.2(b) three hours for staff in a restriction situation covered in clause 22 - Essential customer servicing.

12.2 Where more than one attendance is involved, the minimum payment provision will (subject to a minimum payment of three hours) not operate to increase an employee’s extra remuneration beyond that payable had the employee remained working from the commencing time his/her ordinary hours of work on one attendance to the ceasing time of work on a subsequent attendance.

12.3.1 For the purposes of clause 12.2,

12.3.1 a period of work broken only by a meal break will not constitute more than one attendance; and

12.3.2 the minimum extra payment will not apply to ordinary rostered work on a holiday which, disregarding meal breaks, is continuous with ordinary work occurring on the day preceding or on the day succeeding the holiday.

12.4 Notwithstanding the provisions of 12.1 and 12.2 an employee whose salary exceeds the salary specified in Schedule B to this award will not be eligible to receive any public holiday payment.

[12.5 substituted by PR934950 ppc 14Jul03]

12.5 In accordance with 12.6, and subject to 12.5.1 and 13, a full-time employee who works a non-standard working week, will receive compensation for public holidays prescribed in 12.7 when such a public holiday is observed on a non-working day.

12.5.1 For an employee whose regular roster includes work between Monday and Friday only, 12.5 will not apply in respect of public holidays that are observed on Saturdays or Sundays.

[12.6 substituted by PR934950 ppc 14Jul03]

12.6 For the purposes of 12.5:

12.6.1 an employee who works a non-standard working week means an employee whose ordinary hours of work fall into one or more of the following roster arrangements:

• rosters that include work on Saturdays or Sundays;
• rosters in which the days of the week worked vary from roster to roster;
• shift work;
• work for nine days in a fortnight;
• work for 19 days in a four week period; and
• other roster arrangements other than a Monday-Friday roster.

12.6.2 Compensation will be either:

• an additional day’s pay; or
• a day off in "lieu" to be taken, if practicable, within one month after the public holiday. If this is not practicable, the employee will be paid the additional day’s pay.

12.6.3 Non-working day means a day an employee is not rostered to work ordinary hours.

12.6.4 Except for a 12 hour shift worker, the calculation of an additional day’s pay will be based on the daily average of the ordinary weekly hours excluding penalties. For example, for an employee working a 9 day fortnight at ordinary hours of 8 hours 10 minutes per day, the daily average of the ordinary weekly hours will be 8 hours and 10 minutes.

12.6.5 An additional day’s pay for a 12 hour shift worker will be 8 hours 10 minutes.

12.6.6 Where a public holiday is observed for only part of a day, the compensation defined in 12.6.2 will be adjusted proportionately.

12.6.7 Where a full-time employee is rostered to work a shift where only part of the ordinary hours of the shift or shifts fall on a public holiday, the compensation defined in 12.6.2 will be adjusted proportionately."

[12.7.1 renumbered as 12.7 by PR934950 ppc 14Jul03]

12.7 For the purpose of this clause a full time or part time employee is eligible to observe the following public holidays, without loss of pay:

• New Year Day;
• Australia Day;
• Good Friday;
• Easter Saturday;
• Easter Monday;
• Anzac Day;
• Queen’s Birthday;
• Labour Day or Eight Hour Day;
• Christmas Day;
• Boxing Day (In South Australia Proclamation Day (27 December) will be observed instead of Boxing Day);
• where another day is generally observed in a locality in substitute for any of the above days, that day will be observed as the public holiday in lieu of the prescribed day.

[12.7.2 renumbered as 12.7.1 by PR934950 ppc 14Jul03]

12.7.1 In addition to the holidays prescribed in 12.7, full-time employees are eligible to one additional public holiday without loss of pay.

[12.7.3 renumbered as 12.8 by PR934950 ppc 14Jul03]

12.8 Part-time employees are eligible for public holidays in accordance with 8.2.2(c).

[12.7.4 substituted by PR927702; renumbered as 12.9 by PR934950 ppc 14Jul03]

12.9 Where in a State or Territory or locality within a State or Territory an additional public holiday 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 the State or Territory or locality thereof, other than persons covered by Federal awards, or where such proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day will be deemed to be a holiday for the purposes of this award, for employees who are employed in the State, Territory or locality in respect of which the holiday has been proclaimed or ordered as required.