Special Holidays Act 1973 (WA)

WESTERN AUSTRALIA.

SPECIAL HOLIDAYS.

No. 79 of 1973.

AN ACT to make provision in respect of certain

days as special holidays.

[Assented to 17th December, 1973.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Special Holidays andcitation.

Act, 1973.

2. In this Act "special holiday" means a day Inter- pretation.

that is a special holiday under this Act.

No. 79.] Special Holidays. [1973.

3/et

December, 3. (1) In the event that The Western Australian 1973.

Industrial Commission, constituted under the Indus- trial Arbitration Act, 1912, determines, prior to the 21st December, 1973, in relation to any award or agreement whatsoever referred to the Commission in Court Session that the 31st December, 1973, shall be a holiday without deduction of pay then, but not otherwise, by force of this section if the Commission in Court Session so decides the 31st December, 1973 shall be a special holiday throughout the State.

(2) For a special holiday under subsection (1) of this section

(a)	an employer shall pay an employee other than a casual employee his ordinary rate of pay or, where the special holiday occurs during the annual leave of such an em- ployee, shall grant an extra day of leave to the employee at his ordinary rate of pay; and
(b)	where such an employee works for his em- ployer on the special holiday-

(i)  his employment which provide forif there are terms and conditions of

holidays without deduction of pay and additional pay for work done thereon, the employer shall pay the employee such additional pay as he would be required to do if the special holiday were a holiday without deduction of pay under those terms and conditions; or

(ii) if there are no such terms and con- ditions of his employment, the employer shall pay the employee additional pay at his ordinary rate of pay for the work done.

(3) Where a casual employee works for an em- ployer on the special holiday referred to in subsec- tion (1) of this section the employer shall pay the employee at twice his ordinary rate of pay for the work done.

1973.] Special Holidays. [No. 79.

Royal Visit

In appointing a public holiday in the year 1974 under section 7 of the Public and Bank Holi- days Act, 1972, the Governor may declare that the public holiday is to celebrate the visit to this State in that year of Our Sovereign Lady Her Majesty Queen Elizabeth the Second or His Royal Highness the Duke of Edinburgh, or of both of them, and, where the Governor does so declare, the public holiday is a special holiday unless the proclamation appointing the public holiday is cancelled under that section.

1974.

Effect of

4.

5. (1) For the special holiday referred to in sec- special

tion 4 of this Act holiday.

(a)	an employer shall pay an employee other than a casual employee his ordinary rate of pay or, where the special holiday occurs during the annual leave of such an employee, shall grant an extra day of leave to the employee at his ordinary rate of pay; and
(b)	where such an employee works for his employer on the special holiday

(i)  if there are terms and conditions ofhis employment which provide for

holidays without deduction of pay and additional pay for work done thereon, the employer shall pay the employee such additional pay as he would be required to do if the special holiday were a holiday without deduction of pay under those terms and conditions; or

(ii) if there are no such terms and con- ditions of his employment, the employer shall pay the employee additional pay at his ordinary rate of pay for the work done.

(2) Where a casual employee works for an employer on the special holiday referred to in section 4 of this Act the employer shall pay the employee at twice his ordinary rate of pay for the work done.