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If you are rostered to work a set number of hours on a public
holiday but you are sent home early without your consent
and/or not paid for the full hours you were contracted to
work, you should contact the Union without delay. This
applies even to casuals.
DO I HAVE TO WORK ON A PUBLIC HOLIDAY?
Your Agreement provides that work on a public holiday is
voluntary for all employees. A permanent employee who
elects to work shall be paid at the rate of double-time-and-ahalf, casuals receive 270% with a minimum payment as for 3
hours work.
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 for the hours
normally rostered to work.
Full-time and part-time employees shall be entitled to the
non-working day provisions where the employee works
an alternating roster and the public holiday falls on a day
on which the employee works in any week of their roster
cycle.
For the purpose of the non-working day provisions for fulltime employees ‘day’ shall mean 8 hours. In respect toof
part-time employees ‘day’ shall mean the average number
of contract hours rostered per day for the employee prior
to the public holiday in the four (4) week cycle.
A Message from
Your Secretary,
Barbara Nebart
DO I GET PAID IF A PUBLIC HOLIDAY FALLS ON MY NONROSTERED DAY?
BWS
The non-working-day provisions of your Agreement apply to
Good Friday, Easter Sunday and Easter Monday. (Clause 6.14
(h))
A Full-Time employee whose non-working day falls on a
public holiday and a part-time employee who works an
average of 5 shifts 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 28 days after the holiday falls or during the week prior to the holiday; or
•
the addition of an equivalent day’s pay; or
•
one extra day added to annual leave.
* Provided that the above shall not apply to Anzac Day or
Easter Saturday.
A full-time employee whose RDO falls on a public holiday
shall receive by mutual agreement either:
•
another day off with pay to be taken within 28 days after the holiday falls or during the week 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 BWS stores 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.
BWS stores can only trade on Good Friday if they have a
restricted trading exemption. Without an exemption, your store
must close on Good Friday.
It is voluntary to work on Good Friday, and any work performed
on the day will be paid at the public holiday rate of pay.
Permanent employees who would have been rostered to work
on Good Friday and do not work will be entitled to payment for
the day based upon their ordinary single hourly rate of pay for
the hours normally rostered to work.
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.
EASTER SUNDAY
Easter Sunday is a public holiday and a restricted trading day in
New South Wales.
BWS stores can only trade on Easter Sunday if they have a
restricted trading exemption. Without an exemption, your store
must close on Easter Sunday.
If your store is granted an exemption to trade on Easter Sunday,
it is a condition of the exemption that the supermarket 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.
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 and
do not work will be entitled to payment for the day based upon
their ordinary-time earnings for the hours normally rostered to
work.
WHAT DO I GET PAID IF I WORK ON A PUBLIC HOLIDAY?
ANZAC DAY
Your Agreement (BWS Enterprise Agreement 2013) provides
that all work performed on a public holiday is paid at the rate
of double-time-and-a-half (250%). Casuals are entitled to
270% when they work on a public holiday.
BWS stores can only trade prior to 1.00 pm on Anzac Day
All work performed by employees on a public holiday must be
for a minimum payment for three hours of work.
All BWS 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.
CAN MY EMPLOYER CHANGE MY ROSTER TO AVOID
PAYING ME A PUBLIC HOLIDAY BENEFIT?
Anzac Day is a public holiday. Anzac Day is also a restricted
trading day prior to 1.00pm.
if they have a restricted trading exemption. Without an
exemption, your store must close prior to 1.00 pm.
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.
There are no restrictions on shop trading hours on Easter
Saturday, Easter Monday or after 1.00pm on Anzac Day.
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.
No.
Clause 4.2 (o) of your Agreement provides that an employee’s
roster must not be changed with the intent of avoiding
payment of penalties, loadings or other benefits applicable.
Should such circumstances arise the employee shall be
entitled to such penalty, loading or benefit as if the roster had
not been changed. Hours of work shall be continuous except
for meal breaks.
P.T.O.
Event/Day
Public
Holiday?
Public Holiday
Penalty Rates
Is Work
Voluntary?
Trading Arrangements
Good Friday
Friday 3 April
Yes
Yes
Yes
Restricted Trading Day.
All BWS stores must close, unless they have
been granted a restricted trading exemption.
Easter Saturday
Saturday 4 April
Yes
Yes
Yes
Normal Trading Day.
All BWS stores may trade on this day.
Easter Sunday
Sunday 5 April
Yes
Yes
Yes
Restricted Trading Day.
All BWS stores must close, unless they have
been granted a restricted trading exemption.
Easter Monday
Monday 6 April
Yes
Yes
Yes
Normal Trading Day.
All BWS stores may trade on this day.
Yes
Restricted Trading Day to 1.00 pm.
All BWS stores must close prior to 1.00pm
on Anzac Day, unless they have been
granted a restricted trading exemption. All
BWS stores may trade after 1.00pm without
restriction.
Anzac Day
Saturday 25 April
Yes
Yes
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.