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.