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PART 2 – GENERAL CONDITIONS OF SERVICE

 

 

19.    PUBLIC HOLIDAYS

19.1    Standard days

19.1.1    An Employee shall be entitled to holidays on the following days:

19.1.1(a)    New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

19.1.1(b)    the following days, as prescribed in Victoria: Australia Day, Anzac Day, Queen’s Birthday and Labour Day; and

19.1.1(c)    Melbourne Cup Day or any other day substituted by Act of Parliament or Proclamation.

19.2    Holidays in lieu

19.2.1    When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

19.2.2    When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

19.2.3    When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

19.3    Additional days

Where in Victoria, public holidays are declared or prescribed on days other than those set out in clause 19.1.1(a) and 19.1.1(b) above, those days shall constitute additional holidays for the purpose of this Agreement.
 
19.4    Substitute days

19.4.1    An Employer and his or her Employees may agree to substitute another day for any prescribed in clause 19. For this purpose, the consent of the majority of affected Employees shall constitute agreement. An Employer proposing such a substitution shall provide advice of the proposal in writing to every affected Employee not less than four weeks prior to the date on which the majority of the Employees shall determine the question.

19.4.2     An agreement pursuant to clause 19.4.1 shall be recorded in writing and be available to every affected employee.

19.4.3    If an agreement is made under clause 19.4.1, an Employee may, if he or she has reasonable grounds for doing so, elect to refuse to work on the original prescribed public holiday.  If an Employee makes such an election, then the Employee will be required to work on the relevant substituted day.

 

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