Annual Leave + Public Holiday While Still Open
Hi ozbargainers, got a question,
According to FWC, public holidays are to be paid per normal when on annual leave which is the standard set in the NES. What confused me is if this still applies even if the store is open.
Mr OzB works in retail with flexible roster of varying hours on Monday, Tuesday, and Wednesday and requests leave from Saturday 5th of October to Friday 11th of October. For Mr OzB, this would be 3 working days however this period also falls on a public holiday (labour day) there for being 2 days + 1 public holiday.
According to the NES he will be paid 2 days annual leave and 1 regular pay for part time. However the store is still open as per normal.
Does Mr OzB still receive 2+1 days worth of pay or does he receive 3 days worth of annual leave instead?
Does this example still apply on a weekend too or would the day liue be accounted for? Example Australia Day 26th Jan 2019 falls on Saturday while the public holiday is on Monday 28th of Jan.
And does your award/eba have any say?