DO I HAVE TO WORK ON A PUBLIC HOLIDAY? Your Agreement provides that all work performed on a public holiday is voluntary. Full-time and part-time employees who are normally rostered on but exercise their right not to work receive the benefit of the public holiday by having the day off and being paid for the day based upon their ordinary hourly rate of pay (including penalties as appropriate) for the hours normally rostered to work. CAN MY EMPLOYER CHANGE MY ROSTER TO AVOID PAYING ME A PUBLIC HOLIDAY BENEFIT? No. Clause 4.2 (h) of your Agreement provides that an employee’s roster cannot be changed simply to avoid the payment of a penalty or another applicable benefit. If your roster is changed to your detriment over the Easter/ Anzac Day period, or if you are not paid correctly, you should contact the Union immediately. (i) A Part Time Associate shall be entitled to the provisions above where the Associate works an alternating roster and the Public Holiday falls on a day on which the Associate works, or occasionally works, as part of their roster cycle. (ii) For the purpose of this subclause “day” shall mean the averaged number of daily hours worked by the Associate in the roster cycle immediately prior to the day on which the holiday falls. (iii) An Associate working on a Public Holiday which is a non-working day will be paid double time and one half for the work plus another day off to be taken within one calendar month of the holiday. A Message from Your Secretary, Barbara Nebart BIG W STORES If you are rostered to work a set number of hours on a public holiday but you are sent home early without your consent, you must still be paid for the total number of hours that you agreed to work. This applies even to casuals. If you are sent home early and not paid for the full hours you are contracted to work, you should contact the Union without delay. DO I GET PAID IF A PUBLIC HOLIDAY FALLS ON MY NONROSTERED DAY? The non-working-day provisions of your Agreement apply to Good Friday, Easter Saturday, Easter Sunday, Easter Monday and Anzac Day. A Full Time Associate or Part Time Associate who works an average of 5 days per week, whose non-working day falls on a Public Holiday shall receive by mutual agreement either: • another day off with pay to be taken within one calendar month of the holiday or during the two weeks prior to the holiday; or • the addition of an equivalent day’s pay; or • one extra day added to Annual Leave. 2015 EASTER & ANZAC DAY PUBLIC HOLIDAYS & TRADING HOURS The SDA has worked hard over many years to ensure that our members get time off work to spend with their families on special occasions such as over Easter and on Anzac Day. This leaflet explains the public holiday entitlements that apply to you over this period. If you have any questions about your public holiday entitlements or trading arrangements over Easter or on Anzac Day, please speak to your Delegate, contact your Organiser or phone the SDA Office on (02) 4961 4694. Have a happy and relaxing break, and remember, if you are on the roads over the holiday period, drive safely. Shop Distributive and Allied Employees’ Association Newcastle & Northern Branch Branch Secretary: Barbara Nebart PO Box 118, Hamilton, NSW 2303 Telephone: (02) 4961 4694 Email: [email protected] Website: www.sdan.org.au Authorised by Barbara Nebart, Secretary, Shop, Distributive And Allied Employees’ Association, Newcastle & Northern Branch April 2015 This leaflet explains the public holiday entitlements and trading hours arrangements specifically for Big W Associates working in New South Wales over the Easter/Anzac Day period. GOOD FRIDAY Good Friday is a public holiday and a restricted trading day in New South Wales. Big W stores can only trade on Good Friday if they have a restricted trading exemption. Without an exemption, your store must close on Good Friday. Permanent associates who would have been rostered to work on Good Friday will be entitled to payment for the day based upon their ordinary time earnings (and, in addition, penalties as appropriate) for the hours normally rostered to work. EASTER SATURDAY Easter Saturday is a public holiday. It is voluntary to work on the day, and any work performed on the day will be paid at the public holiday rate of pay. EASTER SUNDAY Easter Sunday is a public holiday and a restricted trading day in New South Wales. Big W stores can only trade on Easter Sunday if they have a restricted trading exemption. Without an exemption, your store must close on Easter Sunday. It is voluntary to work on Easter Sunday, and any work performed on the day will be paid at the public holiday rate of pay. Permanent employees rostered to work on Easter Sunday in a store which is not able to trade will be entitled to payment for the day based upon their ordinary-time earnings for the hours normally rostered to work. Stores can only trade prior to 1.00 pm on Anzac Day if they have a restricted trading exemption. Without an exemption, your store must close prior to 1.00 pm. All Big W stores may trade after 1.00 pm. It is voluntary to work on the day, and any work performed on the day will be paid at the public holiday rate of pay. TRADING HOURS NSW legislation operates to place certain restrictions on shop trading hours over Easter and Anzac Day. Restrictions apply on Good Friday, Easter Sunday and prior to 1.00pm on Anzac Day. There are no restrictions on shop trading hours on Easter Saturday, Easter Monday or after 1.00pm on Anzac Day. Event/Day Public Holiday? Public Holiday Penalty Rates If your store is granted an exemption to trade on Easter Sunday, it is a condition of the exemption that the store must be staffed by employees that have freely elected to work on that day. There must be no coercion, harassment, threat or intimidation by, or on behalf of, your manager. WHAT DO I GET PAID IF I WORK ON A PUBLIC HOLIDAY? Your Agreement (Big W Stores Certified Agreement 2012) provides that all work performed on a public holiday is paid at the rate of double-time-and-a-half. All work performed on a public holiday must be for a minimum payment for three hours of work. Is Work Voluntary? Good Friday Friday 3 April Yes Yes Yes Easter Saturday Saturday 4 April Yes Yes Yes Easter Sunday Sunday 5 April Yes Yes Yes Easter Monday Monday 6 April Yes Yes Yes EASTER MONDAY Easter Monday is a public holiday. It is voluntary to work on the day and any work performed on the day will be paid at the public holiday rate of pay. ANZAC DAY Anzac Day is a public holiday. Anzac Day is also a restricted trading day prior to 1.00pm. Anzac Day Saturday 25 April Yes Yes Yes Trading Arrangements Restricted Trading Day. All Big W stores must close, unless they have been granted a restricted trading exemption. Normal Trading Day. All Big W stores may trade on this day. Restricted Trading Day. All Big W stores must close, unless they have been granted a restricted trading exemption. Normal Trading Day. All Big W stores may trade on this day. Restricted Trading Day to 1.00 pm. All Big W stores must close prior to 1.00pm on Anzac Day, unless they have been granted a restricted trading exemption. All Big W stores may trade after 1.00pm without restriction. CONTACT THE UNION - If you have any questions about your public holiday entitlements or the trading arrangements over the Easter period, please speak to your Delegate, contact your Organiser or phone the SDA Office on (02) 4961 4694.
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