AP824076 - Australian Government Employment – Conditions and Salaries Award 2003

23. PUBLIC HOLIDAYS

[22 renumbered as 23 by PR933442 ppc 02Jun03]

23.1 Designated holidays

An employee will observe the following eleven holidays each year and will be paid salary as if that day were not a public holiday:

• 1 January (New Year’s Day) or, if that day falls on a Saturday or Sunday, the following Monday;
• 26 January (Australia Day) or, if that day falls on a Saturday or Sunday, the following Monday;
• Good Friday and the following Saturday and Monday;
• 25 April (Anzac Day), or where another day is substituted by State or Territory governments, that day;
• in each State and Territory, the day observed to celebrate the anniversary of the birthday of the Sovereign;
• the day variously called ‘Eight Hour Day’, ‘Labor Day’, ‘Labour Day’, or ‘May Day’ as proclaimed by State or Territory governments;
• 25 December (Christmas Day) or, if that day falls on a Saturday or Sunday, 27 December; and
• 26 December or, if that day falls on a Saturday or Sunday, 28 December; and

23.1.1 an additional day within the Christmas/New Year period according to the following table:

Christmas Day	Additional Day
Sunday	Wednesday 28 December
Monday	Wednesday 27 December
Tuesday	Monday 31 December
Wednesday	Friday 27 December
Thursday	Monday 29 December
Friday	Tuesday 29 December
Saturday	Wednesday 29 December

23.2 Local public holidays

An employee in a state or territory may also observe up to two local public holiday(s) each year when:

23.2.1 those days are declared under State or Territory law and gazetted in the Government Gazette; and

[23.2.2 corrected by PR942234 ppc 02Jun03]

23.2.2 they are observed by the whole of the community in the State or Territory, (or relevant part of the State or Territory).

Two half-day public holidays equal one public holiday for the purpose of 23.2.

23.3 Variations

23.3.1 Local Agreements

Where the CEO and a majority of affected employees agree, another day may be substituted for any holiday prescribed under this clause. Once such agreement has been reached, the substitution arrangements agreed upon may be utilised by agreement between the CEO and an individual employee without the need for the majority to be consulted. The agreement reached is to be recorded in the time and wages records kept by the employing agency in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.

[23.3.1(a) corrected by PR942234 ppc 02Jun03]

23.3.1(a) Non-holiday payment

Subject to subclause 23.4 where substitution is made for a holiday falling on a Saturday or Sunday, payment for duty performed on the Saturday or Sunday will not attract any public holiday rates.

23.3.2 Cultural or religious days of significance

Where the CEO and the employee agree, a cultural or religious day of significance to the employee may be substituted for any holiday prescribed under this clause.

23.3.2(a) Make-up time

Where an employee cannot work on a day for which a substituted holiday has been granted, the affected employee will work make-up time at times to be agreed without entitlement to overtime payment.

23.4 Duty on both Christmas Day and substituted holiday

Where an employee works on both Christmas Day and a substitute holiday, one day will attract payment at the public holiday rate and the other day will be paid at the non-holiday Saturday or Sunday rate as appropriate.

23.5 Total number of public holidays

The number of national and local public holidays that can be observed in any calendar year by employees in any locality cannot exceed thirteen days.