PUBLIC HOLIDAYS FOR FULL-TIMERS AND PART-TIMERS

AFTER STRONG LOBBYING FROM THE SDA, MEMBERS WILL ENJOY 2 ADDITIONAL PUBLIC HOLIDAYS OVER THE CHRISTMAS/NEW YEAR PERIOD.

THE 7 PUBLIC HOLIDAYS FOR THE UPCOMING CHRISTMAS/NEW YEAR PERIOD ARE:

• Sat, 24 December 2022, 6pm – midnight
• Sun, 25 December 2022
• Mon, 26 December 2022
• Tue, 27 December 2022
• Sun, 1 January 2023
• Mon, 2 January 2023
• Thu, 26 January 2023

Thanks to the SDA, Christmas Eve is a public holiday from 6pm to midnight.

Wages

The Level 1 rates for Public Holidays for all employees are:

AGE	FT & PT HOURLY RATE	CASUAL HOURLY RATE
20+	$52.62	$58.46
19	$42.11	$46.79
18	$36.85	$40.94
17	$31.58	$35.09
16	$26.32	$29.24
15 & under	$23.68	$26.31

*wage rates are rounded to two decimal places.

Public Holidays for Full-timers and Part-timers

• Where a store does not open for trade on a Public Holiday. and a team member would have been rostered to work on such a day, they shall be entitled to the day off without loss of pay (excluding the public holiday rate of pay).
• Where a store opens for trade on a Public Holiday, work is voluntary. A team member who is ordinarily rostered to work the day on which a public holiday falls may elect to work a public holiday or part thereof and if Kmart agrees to the team member working, the team member shall be paid the public holiday rate of pay for time so worked. Provided that when a team member who is ordinarily rostered to work the day on which a public holiday falls does not work they shall be entitled to the day off without loss of pay (excluding the public holiday penalty).
• Kmart will require a team member who fails to attend for a rostered shift the day before and/ or the day after a public holiday to provide documentary evidence in the form of a medical certificate or statutory declaration
• A team member may elect to take time off in lieu of work on a public holiday that equates to the time worked on the public holiday or by having an equivalent amount of time added to their annual leave, provided that certain criteria are met:
  (i) the time to be taken in lieu or added to annual leave shall be agreed in writing before the team member makes the election. If agreement cannot be reached the team member is entitled to the public holiday rate of pay;
  (ii) the team member shall be entitled to a fresh choice of payment, time off in lieu or annual leave on each occasion a public holiday is worked;
  (iii) time off in lieu must be taken either 28 days prior to working the public holiday or within 28 days after the working of the public holiday, or shall be paid out at the public holiday rate of pay. At the request of the team member.this may be extended to 56 days.
• Christmas Eve – Please note that if you work the closing shift on Christmas Eve, and perform work after 6pm, all work after 6pm is paid at the public holiday rate.
• Work after 6pm on New Year’s Eve will be subject to the following provisions:
  – Team members not wishing to work beyond 6pm shall advise Kmart at least 4 weeks prior to New Year’s Eve.
  – Kmart shall then seek volunteer replacements.
  – If insufficient volunteers are obtained then Kmart shall have the right to direct the working of a team member’s normal roster so that a reasonable staffing level is reached.
  – In cases of permanently rostered staff not wanting to work at these times they shall be rostered to work on another day or time in the 4-week cycle as part of their ordinary rates of pay.

Public Holidays for Casual Employees

Payment for work is 250% with a minumum payment of 3 hours.

QUESTIONS:

1. What happens if a Public Holiday falls in my Holidays?
   Don’t worry. This day will not be deducted from your annual leave balance.
2. Do I have to work on a public holiday?
   No, all work on a public holiday including Christmas Eve from 6pm to midnight is voluntary for ALL employees.
3. Do roster changes affect my entitlement to public holidays?
   No, your roster cannot be changed to avoid payment of penalties, loadings or other benefits. Should this occur you are still entitled to the benefit.
4. What is the rate of pay after 6pm on Christmas Eve?
   All work performed after 6pm is paid at the public holiday rate as advised above