Unless otherwise specified in the relevant Annexures in Part 2 of this Agreement—
16.1 |
an employer may not require or permit employees to work on a public holiday except in accordance with an agreement; |
16.2 |
the public holidays are the following: |
16.2.1 |
January 1, New Year's Day; |
16.2.2 |
March 21, Human Rights Day; |
16.2.5 |
April 27, Freedom Day; |
16.2.6 |
May 1, Workers' Day; |
10.2.7 |
June 16, Youth Day; |
16.2.8 |
August 9, National Women's Day; |
16.2.9 |
September 24, Heritage Day; |
16.2.10 |
December 16, Day of ReconciIiation; |
16.2.11 |
December 25, Christmas Day; |
16.2.12 |
December 26, Day of Goodwill; |
16.3 |
a public holiday may be exchanged for any other day by agreement; |
16.4 |
if a public holiday falls on a Sunday, the following Monday must be a holiday; |
16.5 |
if a public holiday falls on a day on which an employee would ordinarily work, an employer must pay— |
16.5.1 |
an employee who does not work on the public holiday, at least the wage that the employee would ordinarily have received for work on that day; |
16.5.2 |
an employee who does work on the public holiday— |
16.5.2.1 |
at least double the amount referred to in clause 16.5.1; or |
16.5.2.2 |
if it is greater, the amount referred to in clause 16.5.1 plus the amount earned by the employee for the time worked on that day; |
16.6 |
if an employee works on a public holiday on which the employee would not ordinarily work, the employer must pay that employee an amount equal to— |
16.6.1 |
the employee's ordinary daily wage; plus |
16.6.2 |
the amount earned by the employee for the work performed that day whether calculated by reference to time worked or any other method; |
16.7 |
if an employer chooses not to work on any religious holiday other than a public holiday then the employee must be paid as if they had ordinarily worked on that day. |