Shiftwork and public holidays Clause Samples
The "Shiftwork and public holidays" clause defines how employees who work shifts are treated in relation to public holidays. Typically, it outlines whether shiftworkers are entitled to additional pay, substitute days off, or other benefits if their scheduled shifts fall on a public holiday. For example, it may specify that a shiftworker who works on a public holiday receives penalty rates or an extra day off in lieu. The core function of this clause is to ensure fair compensation and clear entitlements for shiftworkers whose work schedules intersect with public holidays, addressing potential inequities and confusion.
Shiftwork and public holidays. (1) For ordinary duty performed on a public holiday, the employee is to be paid for at least 4 hours at the relevant rate for each attendance (other than for an attendance that is continuous with ordinary duty on the day before, or the day after, the public holiday).
(2) However, if more than 1 attendance is involved, the payment must not be more than the amount that would have been paid if the employee had remained on duty from the commencing time of duty on 1 attendance to the ceasing time of duty on a following attendance.
(3) For this clause, duty broken by a meal period is not more than 1 attendance.
(4) If, for an employee who performs duty on each of the days of the week in a cycle of shifts on a regular roster of shiftwork, a public holiday occurs on a day when the employee is rostered off duty, the employee is entitled to:
(a) leave for a day instead of the public holiday; or
(b) an amount equal to salary for a day at the ordinary rate for the employee.
(5) If the employee is receiving an annualised penalty payment under clause 3.32, the employee may substitute, with the Secretary’s approval, their entitlement under subclause (4)(a) or (b) for an amount of leave in hours calculated as follows: where: A is the number of additional hours of leave to which the shift workforce is entitled under subclause (4)(a). B is the number of shiftworkers in the shift workforce.
(6) For this clause duty performed on 25 December is taken to be duty performed on a public holiday even if another day has been declared as a substitute public holiday for that day.
(7) For subclause (5): shift workforce, for an employee, means the shift workforce that is receiving the same annualised penalty payment under clause 3.32, as the employee.
Shiftwork and public holidays. (1) For ordinary duty performed on a public holiday, the employee is to be paid for at least 4 hours at the relevant rate for each attendance (other than for an attendance that is continuous with ordinary duty on the day before, or the day after, the public holiday).
(2) However, if more than 1 attendance is involved, the payment must not be more than the amount that would have been paid if the employee had remained on duty from the commencing time of duty on 1 attendance to the ceasing time of duty on a following attendance.
(3) For this clause, duty broken by a meal period is not more than 1 attendance.
(4) If, for an employee who performs duty on each of the days of the week in a cycle of shifts on a regular roster of shiftwork, a public holiday occurs on a day when the employee is rostered off duty, the employee is entitled to:
(a) leave for a day instead of the public holiday; or
(b) an amount equal to salary including any higher duties allowance for a day at the ordinary rate for the employee.
(5) If the employee is receiving an annualised penalty payment under clause 3.32, the employee may substitute, with the Secretary’s approval, their entitlement under subclause (4)(a) or (b) for an amount of leave in hours calculated as follows:
Shiftwork and public holidays. (1) For ordinary duty performed on a public holiday, the employee is to be paid for at least 4 hours at the relevant rate for each attendance (other than for an attendance that is continuous with ordinary duty on the day before, or the day after, the public holiday).
(2) However, if more than 1 attendance is required, the payment must not be more than the amount that would have been paid if the employee had remained on duty until the end of the final attendance.