Bootmakers
and Heel Bar Operatives, &c. (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
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
Boland
|
|
Commissioner Tabbaa
|
|
VARIATION
1. Delete clause
19 Public Holidays, of the said award published 31 August 2001 (327 I.G. 428),
and insert in lieu thereof the following:
19. Public Holidays
(a) All weekly
employees shall be entitled to the holidays hereinafter mentioned or any day
observed in lieu thereof without deduction of pay:
New Year's Day; Australia Day; Good Friday; Easter
Saturday; Easter Monday; Labour Day; Anzac Day; Queen's Birthday; Christmas
Day; Boxing Day.
Whenever Christmas Day and Boxing Day or New Year's Day
falls on a Saturday or Sunday the working day or days immediately following
shall be observed in lieu thereof.
(b) In addition to
the holidays prescribed in (a) above, weekly employees shall be entitled to an
additional holiday without loss of pay which shall be the "August Bank
Holiday".
Where an establishment remains open on the August Bank
Holiday and an employee volunteers to work on that day, such employee shall be
given either: an additional day off
within 28 days or a day added to Annual Leave, or an additional day's pay to be
decided by mutual agreement between the employer and employee.
An employer and an employee, or an employer and the
majority of employees in an establishment, may agree to observe an alternative
day as a holiday in lieu of the August Bank Holiday.
(c) 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.
(d) All work
performed on the holidays named in subclause (a) of this clause shall be paid
for at the rate of double time and a half.
(e) In a workshop
or factory when an employee's services are terminated by the employer other
than for malingering, inefficiency, neglect of duty or misconduct, in a period
not exceeding one week before the day the establishment closes down for the
Christmas period, the employee shall receive payment for the three public
holidays, namely Christmas Day, Boxing Day and New Year's Day, on the same
basis as if he/she were still in the employ of the employer.
(f) In a workshop
or factory when an employee's services are terminated by the employer other
than for malingering, inefficiency, neglect of duty or misconduct, in a period
not exceeding one week before Good Friday, the employee shall receive payment
for Good Friday, Easter Saturday and Easter Monday on the same basis as if
he/she were still in the employ of the employer.
2. This
variation shall take effect from 21 March 2006.
M. J. WALTON J,
Vice-President.
R. P. BOLAND J.
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.