FAIR WORK COMMISSION
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5,Item 6—Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years
Australian Nursing and Midwifery Federation
Australian Council of Trade Unions and others
NURSES AWARD 2010
Health and welfare services
DEPUTY PRESIDENT SMITH
MELBOURNE,1 OCTOBER 2013
Modern Awards Review 2012—applications to vary the Nurses Award 2010—public holidays.
A. Further to the decision issued on 30 September 2013 1 the abovementioned award is varied as follows.
1. By deleting clause 32—Public Holidays and replacing it with the following:
Public holidays are provided for in the NES. This clause contains additional provisions.
32.1 Payment for work done on public holidays
(a) All work done by an employee during their ordinary shifts on a public holiday,including a substituted day,will be paid at double time of their ordinary rate of pay.
(b) Businesses that operate seven days a week shall recognise work performed on 25 December which falls on a Saturday or Sunday and,where because of substitution,is not a public holiday within the meaning of the NES with the Saturday or Sunday payment (as appropriate) plus an additional loading of 50% of the employee’s ordinary time rate for the hours worked on that day. All work performed on the substitute day by an employee will receive an additional loading of 50% of the ordinary time rate for the hours worked on that day instead of the rate referred to in clause 32.1.
32.2 Public holiday substitution
An employer and the employees may,by agreement,substitute another day for a public holiday.
32.3 Public holidays occurring on rostered days off
All full-time employees will receive a day’s ordinary pay for public holidays that occur on their rostered day off except where the public holidays fall on Saturday or Sunday with respect to Monday–Friday employees.
32.4 Accrued days off on public holidays
Where an employee’s accrued day off falls on a public holiday,another day,determined by the employer,will be taken instead within the same four or five week work cycle,where practical.
32.5 Additional leave days by mutual agreement
(a) In lieu of being paid double time under clause 32.1,where the employer and employee mutually agree in writing at the time the public holiday is worked,an employee may be paid their ordinary rate of pay for time worked on a public holiday and have the same number of hours worked accrued,to be taken as leave,including in conjunction with a period of annual leave.
(b) Payment for any days taken as leave,accrued in accordance with clause 32.5(a) shall be at the employee’s ordinary rate of pay,excluding shift and/or weekend penalties and annual leave loading.
(c) The taking of any additional days accrued as leave in accordance with 32.5(a) shall be by mutual agreement between the employer and employee,provided that such agreement shall not be unreasonably withheld.
(d) Any untaken additional days accrued as leave in accordance with clause 32.5(a) shall be paid out to the employee upon termination of employment.
(e) Provided that any additional days accrued as leave in accordance with clause 32.5(a) shall not be considered annual or personal/carer’s leave for any purpose.
B. This determination comes into operation on the first full pay period commencing on or after 1 October 2013.
1  FWC 5369
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