PUBLIC HOLIDAY WORK 24 September 2004

News Flash PUBLIC HOLIDAY WORK This brief is further to PSA brief of 16 July 2004 regarding shift work and leave, available here. The PSA is in negotiations with Government, especially Department of Health (DOH) over shift workers' rights and conditions, including Recreational Leave and Recreational Leave Loading. Many workers in other areas who work shift work over seven days receive six weeks holiday. However, for the first five public holidays they work, these workers receive a 50% loading (ie time and a half). For all public holidays worked in excess of five, they receive a 150% loading (double time and a half). For employees under the SA Public Sector Salaried Employees Interim Award (SAPSSEI) (except for Correctional Services Officers) the following applies: Clause 6.2 Public Holiday Work “OPDATE 01:09:97 6.2.1 Where an employee works on any public holiday for the whole of their usual daily working hours: (i)for an employee who is required to work on active duty for 7 days a week, that employee will be paid at the rate of time and a half and allowed an additional days annual leave or (pro rata leave). Except that the employee will not be allowed to accumulate more than 7 days in lieu in any one financial year. For all public holidays worked in excess of 7 the employee is to be paid at the rate of double time and a half. (ii) Any other employee will be paid at the rate of double time and a half, or, where the employee requests, a day in lieu may be granted at a time mutually convenient, and an additional payment at the rate of time and a half instead of double time and a half will be made. 6.2.2 An employee who is required to work outside of their usual daily working hours on a public holiday will be paid at the rate of double time and a half or where the employee requests and the employer agrees, be granted time off in lieu equal to the hours of the time worked and in addition receive payment at the rate of time and a half.” This then allows for these applicable workers to have 6 weeks and 2 days recreational leave (depending on the number of public holidays worked). Health Units and members advise they were paid 250% for Public Holidays and were not advised that they either had the option of 150% plus a day off or the extra day added on to recreational leave. In negotiations with DOH, PSA became aware that many Health Units and Hospitals were not applying other Awards, including the Recreational Leave Loading (Public Service) Award correctly. PSA thus insisted that all Awards should be applied correctly by Pay Officers and that they be advised accordingly by DOH. Some members have advised that they would prefer to have a choice for Clause 6.2.1 (i). PSA considers that if their employer agrees then members could negotiate double time and a half for public holidays instead of the extra days recreational leave. A written agreement as per Clause 13.1 of the Parity Enterprise Agreement 2001 may be required. The PSA could also apply to have a variation in the SAPSSE(I) Award or a clause in the Enterprise Agreement allowing 7 days a week workers the option of the 250% payment or 150% plus a days recreational leave. Could members who are affected by Clause 6.2.1 (i) “Public Holiday Work” email Ian D Peak, ian@cpsu.asn.au with your comments or with any enquiries. 24 September 2004 PSA WORKING FOR YOU

PUBLIC HOLIDAY WORK

This brief is further to PSA brief of 16 July 2004 regarding shift work and leave, available here.

The PSA is in negotiations with Government, especially Department of Health (DOH) over shift workers' rights and conditions, including Recreational Leave and Recreational Leave Loading. Many workers in other areas who work shift work over seven days receive six weeks holiday. However, for the first five public holidays they work, these workers receive a 50% loading (ie time and a half). For all public holidays worked in excess of five, they receive a 150% loading (double time and a half).

For employees under the SA Public Sector Salaried Employees Interim Award (SAPSSEI) (except for Correctional Services Officers) the following applies:

Clause 6.2 Public Holiday Work
“OPDATE 01:09:97
6.2.1 Where an employee works on any public holiday for the whole of their usual daily working hours:

(i)for an employee who is required to work on active duty for 7 days a week, that employee will be paid at the rate of time and a half and allowed an additional days annual leave or (pro rata leave). Except that the employee will not be allowed to accumulate more than 7 days in lieu in any one financial year. For all public holidays worked in excess of 7 the employee is to be paid at the rate of double time and a half.

(ii) Any other employee will be paid at the rate of double time and a half, or, where the employee requests, a day in lieu may be granted at a time mutually convenient, and an additional payment at the rate of time and a half instead of double time and a half will be made.

6.2.2 An employee who is required to work outside of their usual daily working hours on a public holiday will be paid at the rate of double time and a half or where the employee requests and the employer agrees, be granted time off in lieu equal to the hours of the time worked and in addition receive payment at the rate of time and a half.”
This then allows for these applicable workers to have 6 weeks and 2 days recreational leave (depending on the number of public holidays worked). Health Units and members advise they were paid 250% for Public Holidays and were not advised that they either had the option of 150% plus a day off or the extra day added on to recreational leave.

In negotiations with DOH, PSA became aware that many Health Units and Hospitals were not applying other Awards, including the Recreational Leave Loading (Public Service) Award correctly.

PSA thus insisted that all Awards should be applied correctly by Pay Officers and that they be advised accordingly by DOH.

Some members have advised that they would prefer to have a choice for Clause 6.2.1 (i). PSA considers that if their employer agrees then members could negotiate double time and a half for public holidays instead of the extra days recreational leave. A written agreement as per Clause 13.1 of the Parity Enterprise Agreement 2001 may be required.

The PSA could also apply to have a variation in the SAPSSE(I) Award or a clause in the Enterprise Agreement allowing 7 days a week workers the option of the 250% payment or 150% plus a days recreational leave.

Could members who are affected by Clause 6.2.1 (i) “Public Holiday Work”
email Ian D Peak, ian@cpsu.asn.au with your comments or with any enquiries.

24 September 2004

PSA WORKING FOR YOU