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Enterprise Agreement 2011-14 - Department of Climate Change

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<strong>Department</strong> <strong>of</strong> <strong>Climate</strong> <strong>Change</strong> and Energy Efficiency – <strong>Enterprise</strong> <strong>Agreement</strong> <strong>2011</strong>-<strong>14</strong><br />

o Christmas Day (25 December);<br />

o Boxing Day (26 December);<br />

o Any other day, or part-day, declared or prescribed by or under a law <strong>of</strong> a State or<br />

Territory to be observed generally within the State or Territory, or a region <strong>of</strong> the<br />

State or Territory, as a public holiday, other than a day or part-day, or a kind <strong>of</strong> day<br />

or part-day, that is excluded by the Fair Work regulations from counting as a public<br />

holiday.<br />

20.2. If under a state or territory law, a day or part day is substituted for one <strong>of</strong> the public holidays<br />

listed above, then the substituted day or part day is the public holiday.<br />

20.3. The Secretary and an employee may agree on the substitution <strong>of</strong> a day or part day that<br />

would otherwise be a public holiday, having regard to operational requirements.<br />

20.4. An employee, who is absent on a day or part-day that is a public holiday in the place where<br />

the employee is based for work purposes, is entitled to be paid for the part or full day<br />

absence as if that day or part-day was not a public holiday, except where that person would<br />

not normally have worked on that day.<br />

20.5. Where a public holiday falls during a period when an employee is absent on leave (other<br />

than Annual or paid Personal/carers leave) there is no entitlement to receive payment as a<br />

public holiday. Payment for that day would be in accordance with the entitlement for that<br />

form <strong>of</strong> leave (e.g. if on long service leave on half pay, payment is on half pay).<br />

20.6. Part time employees normally not working on the days <strong>of</strong> the week on which annual<br />

closedown occur will not be entitled to alternative time <strong>of</strong>f duty.<br />

20.7. An employee may refuse on reasonable grounds a request to work on a public holiday.<br />

21. Part-time employment and job sharing<br />

21.1. A part time employee is one who:<br />

o regularly works less than full time ordinary hours; and<br />

o has reasonably predictable hours <strong>of</strong> work.<br />

21.2. All part-time and job sharing work arrangements will be subject to agreement.<br />

21.3. The Secretary will consider applications in light <strong>of</strong> operational requirements. Where an<br />

employee has had a formal application for part time, job sharing or work from home<br />

arrangements rejected, the Secretary will advise the employee <strong>of</strong> the reason(s) for the<br />

decision in writing, including reasons relating to operational requirements. The Secretary,<br />

the employee and, where the employee requests, a support person will meet to consider<br />

alternative arrangements if required.<br />

12

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