8.0 ENTITLEMENT
8.1. Subject to the remainder of this Part, Employees are entitled to be absent from work on each of the SBS Holidays, and will be paid for those days as though they had been worked. SBS Holidays is defined in Schedule F to this Agreement to mean 1 January, 25 December and Good Friday.
8.2. The 6 weeks of annual leave provided under clause 11.1 of this Agreement is in compensation for the expectation that Employees will be requested to work on public holidays other than the SBS Holidays.
8.3. An Employee who works on a public holiday other than an SBS Holiday will be paid their ordinary rate of pay for that day, except as otherwise provided in this Part.
9.0 GENERAL CONDITIONS – SBS HOLIDAYS
9.1. Where SBS and an Employee agree, another day may replace an SBS Holiday, with the two days to be exchanged for all purposes.
9.2. Shift Workers
9.2.1 This subclause 9.2 only applies to Shiftworkers.
9.2.2 Shiftworkers who are required to work ordinary hours on an SBS Holiday will be paid a penalty payment of 150% additional to their ordinary hourly rate for each hour worked.
9.2.3 Where an additional or substitute day is gazetted in relation to 25 December or 1 January, and a Shiftworker performs work on both the SBS Holiday and the additional or substitute day:
(a) the work done on 25 December or 1 January will be paid at the public holiday rate set out in clause 9.2.2; and
(b) the work done on the substitute or additional day will be paid at the ordinary rate of pay.
9.2.4 Notwithstanding clause 9.2.3, where 25 December falls on a Saturday and a substitute or additional day is declared or gazetted, a part-time Shiftworker who works on both days will be paid at the public holiday rate set out in clause 9.2.2 for both days.
9.2.5 Full-time Shiftworkers who are rostered off on an SBS Holiday will be rostered an additional day off by SBS within 1 month of the relevant SBS Holiday, or as otherwise agreed. Where an additional day off cannot reasonably be provided within 1 month and is not otherwise agreed, the Employee will receive 1 day’s additional pay at the ordinary rate.
9.3. Employees who are not Shiftworkers
9.3.1 This subclause 9.3 does not apply to Shiftworkers.
9.3.2 Subject to clause 9.3.3, where an Employee other than a Shiftworker performs work on an SBS Holiday, all work performed will be overtime and paid at the rate of double time and a half in accordance with clause 44.3.
9.3.3 Where 1 January or 25 December falls on a Saturday or Sunday, the following Monday will be a Substitution Holiday. Where this occurs and an Employee is not required to work on the Substitution Holiday, then any work done on 1 January or 25 December itself will be paid at the rate of double time.
10. OTHER PUBLIC HOLIDAYS
10.1. If a Shiftworker is requested to work on a public holiday which is not an SBS Holiday, but does not ultimately work on the day, the Employee will be deemed to have taken 1 day of annual leave on that public holiday. This will not apply if the Employee is absent in circumstances which entitle them to take another form of leave under this Agreement or legislation.
10.2. If an Employee (other than a Shiftworker) seeks to decline to work, and therefore to use a day of annual leave under this clause, on a public holiday which is not an SBS Holiday, this will be granted where it can be accommodated. If it cannot be accommodated and the Employee is required to work on the public holiday, they will receive a 50% penalty payment for work performed on that day.
10.3. SBS may give an Employee notice in writing that they are not requested to work on a public holiday which is not an SBS Holiday, including by not rostering the Employee to work on that day. SBS will give the Employee at least 7 days’ notice where the Employee is not requested to work. Where this occurs, the Employee will be required to take annual leave on the day. If an Employee does not have sufficient annual leave accrued, they may take unpaid leave. The Employee may also request to take unpaid leave instead of annual leave. An Employee may however request to work on the day, which SBS will approve in writing if it believes that there is useful work for the Employee to do. For the avoidance of doubt, the penalty in clause 10.2 does not apply to this circumstance.
10.4. Subject to clause 10.5, the number of public holidays recognised in any calendar year for the purposes of clauses 8.3, 10.1, 10.2, 10.3, 43.2.3 and 43.2.4 will not exceed 13 days, inclusive of the SBS Holidays.
10.5. Should there be additional public holidays not contemplated by this Agreement in a given calendar year in the State or Territory where an Employee works, SBS may provide compensation in the form of:
(a) providing the employee with the day off, or a substitute day off within 28 days;
(b) paying penalty rates for work done on the day, as though the day were an SBS Holiday; or
(c) crediting the employee with an additional day of annual leave, in which case the day will be recognised for the purposes of clauses 10.1 to 10.3.