Indigenous members of the USU who work in local government are reminded that the Local Government (State) Award allows for one day leave to attend NAIDOC activities.
NAIDOC week celebrations will be held in 2007 from 8 to 15 July.
See below the clause from the Local Government (State) Award that relates to Holidays.
The clause says that Aboriginal and Torres Strait Islander employees can have one paid day off work to attend NAIDOC week celebrations. But if you are required to work and are unable to take your day off during NAIDOC week, you are entitled to be paid double time and a half for working that day. Or, you could be paid time and a half for the hours you worked plus have a day off, paid at ordinary time – but this day off should be at a time mutually accepted to yourself and the employer.
It would be a good idea to let your supervisor know in advance when you are going to take you NAIDOC day off. If they refuse to give you your day off or pay you according to the award, or you think you are going to have any problems contact the Union.
Any enquiries about the content of this page please contact the USU Research Officer, Lyn Fraser on 02 92658211 or email at lfraser@usu.org.au
Local Government (State) Award
Clause 18. Holidays
A. GENERAL
(i) The days on which holidays shall be observed are as follows: New Years’ Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen’s Birthday; Labour Day; Christmas Day; Boxing Day and all locally proclaimed holidays within the council’s area, and all special days proclaimed as holidays to be observed throughout the whole of the State of NSW.
(ii) In addition to the days provided for in subclause (i), employees who are Aboriginal and Torres Strait Islanders shall be entitled to one day during NAIDOC week so that they can participate in National Aboriginal and Islander Day celebrations.
(iii) Where any of the holidays prescribed by this award fall on a day ordinarily worked by the employee, the employee shall not have a reduction in ordinary pay.
(iv) Except as otherwise provided, where an employee is required to work on a holiday as prescribed by this award, the employee shall be paid at double time and a half inclusive of payment for the day with a minimum payment of four hours worked.
(v) All employees classified in the Operational Band 1 of this award employed in garbage, sanitary and sullage (other than the supervisor) who are required to work on Good Friday or Christmas Day shall be paid at triple time inclusive of payment for the day with a minimum payment of four hours work.
(vi) Where an employee is required to work ordinary hours on a holiday as prescribed by this award, the council and the employee may agree that the employee be paid time and a half for the hours worked on a holiday and in addition, grant a day off in lieu to be paid at ordinary time for each holiday worked. Such leave shall be taken at a mutually convenient time.
(vii) When a holiday occurs on a day on which an employee is rostered off while employed on a seven day a week rotating roster system, the employee shall be paid a day’s pay at ordinary rates in addition to the ordinary week’s pay. Council may in lieu of making such additional payment, grant a day’s leave for each such holiday which may be taken at such time as is mutually agreed to between the council and the employee.
