Download Report

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 5.3.5 of your Agreement provides that an
employee’s roster cannot be changed simply to avoid the
payment of a penalty or another applicable benefit.
Part-time employees will receive the benefit of a public
holiday for a non-rostered day if they work an average
of 20 starts per four-week cycle, or if 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.
Casual employees do not receive a benefit for a public
holiday that they do not work.
A Message from
Your Secretary,
Barbara Nebart
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.
COLES & BI-LO
SUPERMARKETS
If you are rostered to work a set number of hours on a public
holiday but you are sent home early without your consent, it
is the Union’s position that 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 NON-ROSTERED 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 team member whose non-working day falls on any
of these days shall receive by mutual agreement either:
•
Payment of an additional day’s wages; or
•
Another day off with pay in conjunction with the next period of annual leave taken; or
•
Another day off with pay to the team member within 28 days after the public holiday falls, or
• during the week prior to the public holiday. If the day is not taken off within 28 days, it will be paid out.
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: secretary@sdan.org.au
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 Coles and Bi-Lo Supermarket team
members 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.
ANZAC DAY
Anzac Day is a public holiday. Anzac Day is also a restricted
trading day prior to 1.00pm.
Supermarkets can only trade on Good Friday if they have a
restricted trading exemption. Without an exemption, your
store must close on Good Friday.
Supermarkets 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.
Permanent employees 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.
All Coles & Bi-Lo Supermarkets 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.
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.
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.
Event/Day
Public
Holiday?
Public Holiday
Penalty Rates
If your supermarket 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.
There are no restrictions on shop trading hours on Easter
Saturday, Easter Monday or after 1.00pm on Anzac Day.
WHAT DO I GET PAID IF I WORK ON A PUBLIC HOLIDAY?
Your Agreement (Coles Supermarkets Australia Pty Ltd and
Bi-Lo Pty Limited Retail Agreement 2011) provides that all work
performed on a public holiday is paid at the rate of doubletime-and-a-half. All work performed on a public holiday must
be for a minimum payment for three hours of work.
Is Work
Voluntary?
Trading Arrangements
Restricted Trading Day.
All Coles & Bi-Lo supermarkets must close,
unless they have been granted a restricted
trading exemption.
EASTER SUNDAY
Easter Sunday is a public holiday and a restricted trading day
in New South Wales.
Good Friday
Friday 3 April
Yes
Yes
Yes
Supermarkets can only trade on Easter Sunday if they have
a restricted trading exemption. Without an exemption, your
store must close on Easter Sunday.
Easter Saturday
Saturday 4 April
Yes
Yes
Yes
Normal Trading Day.
All Coles & Bi-Lo supermarkets may trade on
this day.
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.
Easter Sunday
Sunday 5 April
Yes
Restricted Trading Day.
All Coles & Bi-Lo supermarkets must close,
unless they have been granted a restricted
trading exemption.
Yes
Normal Trading Day.
All Coles & Bi-Lo supermarkets may trade on
this day.
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 (and,
in addition, penalties as appropriate) 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 Monday
Monday 6 April
Anzac Day
Saturday 25 April
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Restricted Trading Day to 1.00 pm.
All Coles & Bi-Lo supermarkets must close
prior to 1.00pm on Anzac Day, unless they
have been granted a restricted trading
exemption. All Coles & Bi-Lo supermarkets
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.