CrimTrac Enterprise Agreement 2011-2014

291. If a substitution is made for a holiday falling on a Saturday or Sunday, payment for duty performed
on the Saturday or Sunday will not attract any public holiday rates.
Make-up time
292. If an employee cannot perform duty on a day for which the employee is observing a substitute
holiday, the employee must work hours equivalent to the employee’s ordinary hours of duty for the
day at times approved by the CEO. The employee is not entitled to any payment for overtime for
hours worked in accordance with this clause.
Public holidays with pay except in certain circumstances
293. An employee is entitled to observe public holidays under this Agreement and be paid salary as if the
days were not public holidays.
294. If, in accordance with this provision, a day is substituted for a holiday, the Saturday or Sunday for
which substitution is made is taken not to be a public holiday.
295. However, if a day is substituted for 25 December, and the employee performs duty on 25 December
and the substituted day, the employee is entitled to be paid for 25 December public holiday rates;
and for the substituted day:
a. if 25 December is a Saturday — Saturday rates, as if the day were not a holiday
b. if 25 December is a Sunday — Sunday rates, as if the day were not a holiday.
CHRISTMAS STAND DOWN
296. The Agency will close its normal operations from close of business on the last working day before
Christmas, with business resuming on the first working day after New Year’s Day.
297. Employees will be provided with time off for the working days between Christmas and New Year’s
Day and will be paid in accordance with their ordinary hours of work. Where an employee is absent
on leave, payment for the Christmas closedown provision will be in accordance with the entitlement
for that form of leave, (e.g. if on long service leave half pay, payment is on half pay) .
298. There will be no deduction from Annual or Personal Leave credits for the closedown days.
PORTABILITY OF ACCRUED PAID LEAVE ENTITLEMENTS
299. Where an employee moves (including on promotion or for an agreed period) from another agency
where they were an ongoing APS employee, the employee’s unused accrued Annual leave and
Personal/Carer’s leave (however described) will be recognised, provided there is no break in
continuity of service. Any recognised Annual leave and Personal/Carer’s leave (however described)
excludes any accrued leave paid out on separation.
300. Where a person is engaged as an ongoing employee, and immediately prior to the engagement the
person was employed as a non-ongoing APS employee, the CEO may, at the employee’s request,
recognise any accrued Annual leave and Personal/Carer’s leave (however described), provided there
is no break in continuity of service. Where an employee is engaged as either an ongoing or nonongoing
APS employee immediately following a period of ongoing employment in the Parliamentary
Service or the ACT Government Service, the employee’s unused accrued Annual leave and
Personal/Carer’s leave (however described) will be recognised.
301. For the purposes of this provision:
a. ‘APS employee’ has the same meaning as in the Public Service Act 1999
b. ‘Parliamentary Service’ refers to employment under the Parliamentary Service Act 1999.
REDEPLOYMENT AND RETRENCHMENT
Application to Excess Employees
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