LEAVE AND PUBLIC HOLIDAYS 37 Public Holidays 38 Personal (Sick and Carer’s) Leave 39 Portability of Sick Leave 40 Compassionate Leave 41 Annual Leave 42 Long Service Leave 43 Parental Leave 44 Community Service Leave 45 Family and Domestic Violence Leave 46 Industry Training 47 Employee Representatives 48 Protective Clothing 49 Operation of Occupational Health and Safety Act, Regulations and Codes 50 Operation of Lift 51 Hearing Tests 52 Hepatitis A and B Shots 53 Rehabilitation of Injured Employees 54 Industry Funds Compliance 55 Employee Benefit Fixed Rate Contribution 56 ▇▇▇▇ ▇▇▇▇▇ Insurance 57 Employee and Family Welfare Support Signatories Appendix A Wages, Fares Allowance and Travel Allowance Appendix B Fares Allowance and Travelling Allowance Appendix C Living Away from Home Allowance Appendix D Allowances and Special Rates Appendix E Inclement Weather Appendix F Working Day (RDO) Calendar Appendix G Tool Lists Appendix H Apprentice Training Indigenous Programme, Women in Plumbing Appendix I Insurance Cover Minimum Requirements Appendix J Indicative Gross Hourly Rate Guide Appendix K Classification Structure / Commitments by the Parties Appendix L Commercial Residential Unit Industry and / or Commercial / Industrial Factory Warehouse Work Appendix M Drugs and Alcohol Management Program (DAMP)
Public Holidays 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) 10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday: a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work. b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003. c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday. 10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003. 10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked. 10.7 Off duty day upon which the employee does not work: a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay. 10.8 Public holidays falling during leave: a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.
Weekend Worker A weekend schedule may be developed in order to meet the Home’s need for weekend staff, and individual employees’ preference for a weekend work schedule. A weekend schedule is defined as a schedule in which a full-time weekend worker works a weekly average of thirty (30) hours and is paid for 37.5 hours at their regular straight time hourly rate. The schedule must include two 11.25-hour tours, which fall within a weekend period as determined by the Home and the Union. An employee working a weekend schedule will work every weekend except as provided for in the provisions below. The Employer and the Union may agree to implement weekend worker position(s) if sixty-six and two thirds’ percent (66⅔%) of the full-time and part-time employees who work in the facility/unit are in agreement. The introduction of that schedule and the manner in which the position(s) are filled, shall be determined by the local parties. This schedule may be discontinued by either party with notice as determined by the local parties. The opportunity for an individual employee to discontinue this schedule shall be resolved by the local parties. Notwithstanding the voting mechanism above, a three (3) month trial period (or longer period, where agreed by the Home and the Union) for a weekend worker arrangement may be implemented without a vote in circumstances where the following additional conditions apply: ▪ An RN (or RNs) volunteers or applies for a weekend worker position and the Home and the Union agrees to accept the request. ▪ The work schedule will be modified to accommodate such a request provided there is no reduction in the regularly scheduled hours of the other RNs in the bargaining unit. ▪ Prior to the conclusion of the trial period, representatives of the Home and of the Union will evaluate and discuss the outcomes. Each Home must have the majority agreement of the full-time and part-time employees who vote on the issue to agree on a trial period of up to six months. Once the trial period is complete, each Home must have a minimum of 66⅔% agreement of the full-time and part-time employees who vote on the issue to continue with the new schedule on a permanent basis. (a) Weekend and shift premiums shall not be paid.
Public Holiday Work (a) For Employees other than Shiftworkers, double time and a half must be paid for any Public Holiday Work with a minimum payment of four hours. (b) For Shiftworkers, double time and a half (inclusive of their shift loading) must be paid for any Public Holiday Work with a minimum payment of four hours.
Weekend Work (1) All ordinary hours of work performed between midnight on Friday and midnight on Sunday shall be paid for at the rate of time and one-half.