Section 5 - Working hours and arrangements

Job security

Commitment to ongoing employment and rebuilding APS capacity

114. The APS is a career-based public service. In its engagement decisions, the AEC recognises that the usual basis for engagement is as an ongoing APS employee.

Reporting

115. Where a consultative committee is in place, the AEC will report to the AEC consultative committee on an annual basis, or more frequently if agreed, on the number, duration, classification and location of ongoing, non-ongoing and casual employees engaged by the AEC.

Pathways to permanency

116. The AEC and the APS will comply with the casual conversion provision(s) of the FW Act. In addition, the AEC recognises that a proactive approach, including regularly reviewing casual and non-ongoing arrangements, is both a fair and efficient approach to supporting ongoing employment as the usual form of employment.

Casual (irregular or intermittent) employment

117. A casual (irregular or intermittent) employee is defined in the definitions section.
118. A decision to expand the use of casual employees is subject to the consultation provisions (clauses 450 to 471) of this agreement.
119. The AEC will regularly review the working arrangements of casual employees to assess if they are genuinely performing irregular or intermittent duties, and report de-identified outcomes to the consultative committee, where one is in place.
120. Remuneration for casual employees is on an hourly basis. A casual employee will receive a loading of 25 per cent on the base hourly rate of their classification as set out in this agreement.
121. The casual loading is paid in lieu of payment for public holidays not worked, notice of termination of employment, redundancy benefits and all paid leave entitlements, other than leave required by legislation including long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence support.
122. A casual employee will be engaged at the minimum pay increment of their relevant classification.
123. Subject to clause 23, the Electoral Commissioner may approve payment at a higher increment at any time having regard to the casual employee’s experience, qualifications and skills.
124. A casual employee will be engaged for a minimum of 3 hours per engagement or shall be paid for a minimum of 3 hours at the appropriate casual rate.
125. A casual employee who is eligible for a Workplace Responsibility Allowance will be paid the full amount.
126. Any period(s) of casual engagement will count as service for any purpose covered by this agreement, except as required by legislation.

Non-ongoing employment

127. A non-ongoing employee is defined in the definitions section.
128. Non-ongoing employees will generally have the same terms and conditions of employment as ongoing employees under this agreement’s terms, except:
1. personal/carer’s leave accrual at clause 271; and
2. redeployment and redundancy provisions at clauses 497 to 539, subject to clause 129.
129. If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act, then the redeployment and redundancy provisions at clauses 497 to 539 will apply.
130. If the redundancy provisions apply to an employee under clause 129, the AEC must adhere to the consultation provisions (clause 450 to 471) of this agreement, as well as the redundancy provisions in clauses 497 to 539.

Working hours

Bandwidth of hours

131. The bandwidth of hours in which employees, other than shiftworkers, will work their ordinary hours is 7:00am to 7:00pm, Monday to Friday.

Pattern of hours

132. Subject to a flexible working arrangement, specified work pattern, or shiftwork arrangement, the standard pattern of hours is between 8.30am and 5.00pm, Monday to Friday.
133. An employee will not normally be expected to work more than:
1. 9.5 ordinary hours on any one day, unless directed; and
2. 5 continuous hours without an unpaid meal break of at least 30 minutes.
134. Subject to operational requirements, an employee will be available, at reasonable direction to work outside their standard, flexible and or specified pattern of hours.
135. Subject to clause 134 and flextime, employees are expected to adhere to the hours of their work pattern (standard, flexible or specified) once established.

Specified work patterns

136. The Electoral Commissioner may establish a specified work pattern that specifies the hours of duty and patterns of attendance in which certain duties or functions are to be undertaken by an employee or group of employees.
137. The introduction of a specified work pattern, or a variation to an existing specified work pattern, may occur only by written agreement between the employee and Electoral Commissioner, unless otherwise stated in the engagement contract or job description.
138. Specified work patterns may cover Christmas closedown and/or public holidays. Where an employee’s roster includes a public holiday and/or the Christmas closedown, the employee will be paid for the day(s) as if they were at work.

Flextime for APS 1-6 classifications

139. To assist with balancing the AEC’s operational requirements and an individual’s personal needs, APS 1– 6 employees are entitled to accrue and use flextime.
140. The following employees are ineligible to access flextime provisions:
1. casual employees;
2. shiftworkers;
3. employees working to a specified work pattern; and
4. employees performing work directed by the AEC in locations outside Australia.

Accruing flextime

141. During a settlement period, work performed in excess of ordinary hours within the bandwidth, which does not attract overtime, will accrue as flextime on an hour-for-hour basis.
142. The accrual of flextime is subject to:
1. the employee being productively engaged; 
2. there being sufficient work available to support working flextime; and
3. clause 169, which allows flexitime to be substituted for overtime.
143. An employee must seek prior approval from their manager if the employee intends to work at a time where the manager has raised concerns consistent with clause 142.

Using flextime

144. Subject to the AEC’s operational requirements, an employee is required to give reasonable notice and have approval for any planned absence related to the use of flextime.
145. An employee may access up to 5 days of flextime, of which 3 days or up to 6 half days, may be consecutive, in one settlement period.

Flextime carryover

146. Subject to clause 147, flextime not used during a settlement period, will carryover to the next settlement period.
147. The maximum flextime carryover from one settlement period to the next for a full-time employee is 25 hours (pro-rata for part-time employees).
148. An employee may carryover flextime in excess of 25 hours (pro-rata for part-time employees) into the next settlement period provided:
1. the employee has brought the matter to the attention of the Electoral Commissioner before the end of the settlement period; and
2. the Electoral Commissioner and employee have established a plan to reduce the flextime to below the maximum carryover prior to the end of the next settlement period.

Flextime debit

149. During a settlement period, if the aggregate amount of time worked by an employee is less than their ordinary hours for that period, adjusted for any approved absence or flextime carryover, this difference will be recorded as a flextime debit.
150. The maximum flextime debit from one settlement period to the next is 10 hours for full-time employees, and 5 hours for part-time employees.
151. Where an employee exceeds the maximum hours of flextime debit at the end of the settlement period, the amount by which the debit exceeds the maximum hours shall be treated as Miscellaneous Leave without pay and an appropriate deduction will be made from the employee’s pay.

Reversion to standard pattern of hours

152. If the Electoral Commissioner is satisfied that an employee is misusing flextime or the employee’s attendance is unsatisfactory, the Electoral Commissioner may determine that the employee revert to the standard pattern of hours (clause 132).
153. The reasons for this determination will be provided to the employee in writing.
154. Access to flextime provisions may be restored when the Electoral Commissioner is satisfied that an employee has achieved and sustained a satisfactory attendance record and/or performance standards.

Executive Level Time Off in Lieu (EL TOIL)

155. EL employees are sometimes required to work reasonable additional hours. Consistent with the NES, employees may refuse to work unreasonable additional hours.
156. EL employees seeking to access time off in lieu are required to keep records of their working hours using a method determined by the AEC.
157. A manager is to grant TOIL in recognition of reasonable additional hours worked, unless the EL employee has been approved to receive another payment for those hours (such as overtime, shift penalties, or alternate span of hours penalties). TOIL granted to employees can be taken as whole or part days.
158. The working arrangements for an EL employee should be agreed through discussion between the manager and the EL employee. The discussion should include consideration of the work requirements that will safely get the job done and reasonably allow the employee to balance their work and personal life.
159. An EL employee’s working arrangements and actual hours worked should be discussed on at least a quarterly basis between the EL employee and their manager.
160. The pattern of hours is to be flexible enough to accommodate short-term peaks and troughs in workload, and include expected reasonable additional hours. The agreed pattern of hours is to be recorded.
161. Requests from EL employees to access flexible time off which are consistent with their agreed working arrangements are to be supported, subject to operational requirements.

Overtime and restriction

162. Subject to operational requirements, the Electoral Commissioner may direct an APS 1-6 employee to work additional hours (overtime). The employee may refuse to work overtime if the request is unreasonable, taking into consideration the factors in section 62 of the FW Act.
163. Subject to clause 162 , overtime is when an employee performs work:
1. outside the bandwidth;
2. on a public holiday or during Christmas closedown;
3. in excess of 9.5 ordinary hours on any one day unless it is part of a flexible working arrangement;
4. on a Monday to Friday inside the bandwidth, if the employee:
1. works in excess of 7.5 hours inside the bandwidth on that particular day; and
2. the work is continuous with ordinary duty; and
3. they either have in excess of their maximum flextime carryover (clause 147) or work until 8pm or later on the same day.
5. outside a part-time employee’s agreed hours of duty over the settlement period.
164. Where overtime under clause 163 is:
1. continuous with ordinary duty, overtime will be paid for the actual overtime hours worked
2. not continuous with ordinary duty, the employee will be entitled to a minimum payment of 4 hours.
165. For the purpose of clause 164, continuity is broken when the employee is directed to perform additional hours with more than one hour break from when ordinary duty ceased or would normally commence. An unpaid meal break does not break continuity with ordinary duty.

Payment for overtime

166. Payment for overtime under clause 163 will be paid in accordance with Table 4 below, calculated as a percentage of the employee’s base rate of pay.

Table 4: Overtime rates

For overtime worked on	Overtime rate
Monday to Saturday – first 3 hours	150%
Monday to Saturday – after 3 hours	200%
Sunday - all day	200%
Public Holiday/Christmas closedown	250%

167. Overtime rates are not cumulative. In an instance where multiple rates may apply, the more beneficial rate will prevail.

Non-ongoing employees

168. Non-ongoing employees who are directed to work additional hours that do not meet the criteria of clause 163 may be paid single time for those hours where it is not practicable for them to accrue or use flextime.

Flextime substitution

169. Subject to operational requirements and flextime provisions, an employee may elect to accrue flextime on an hour-for-hour basis instead of being paid overtime rates.

Ineligible employees

170. Employees performing work directed by the AEC in locations outside of Australia are not eligible for overtime payments.

Overtime for EL employees

171. The Electoral Commissioner may, in exceptional circumstances, direct an EL employee to work overtime (clause 163). Any overtime worked will be paid in accordance with clause 166.

Rest relief after working overtime

172. Employees directed to work overtime will be entitled to an 8 hour break, plus reasonable travelling time, before recommencing ordinary duty without incurring any loss of pay or deduction from flextime.
173. The Electoral Commissioner may direct an employee who has worked overtime to return to duty without an 8 hour break. All work performed by the employee following this direction will be paid at double time until an 8 hour break can be taken.

Shiftwork

174. The Electoral Commissioner may designate duties at the APS 1-6 classifications to be performed as shiftwork.
175. Where the Electoral Commissioner considers the introduction or cessation of shiftwork is necessary, affected employees will be consulted in accordance with the consultation provisions (clauses 450 to 471) of this agreement.

Rostering principles

176. When rostering shiftworkers, the Electoral Commissioner will:
1. specify the start and finish times of work for each shift;
2. specify the shift cycle (maximum 4 weeks);
3. roster a shiftworker to work only 1 shift in each 24 hours;
4. limit shifts to a maximum of 12 hours per shift, noting that overtime may apply;
5. ensure that a shiftworker has a break of at least 10 hours before the start of their next shift, excluding reasonable travel time;
6. ensure that shiftworkers performing shifts longer than 7.5 hours should not regularly perform overtime where it will fall within a 12 hour period on either side of their shift;
7. consider operational requirements, equality of shift allocation, and individual circumstances when assigning shifts;
8. approve an exchange of shifts between shiftworkers, provided the affected employees agree in writing, and the exchange does not entitle any employee to an overtime payment.
177. The Electoral Commissioner may change an existing shiftwork roster:
1. at any time, by agreement with affected employees; or
2. by providing 7 calendar days’ written notice to the affected employees.
178. If the Electoral Commissioner changes an existing shift roster without satisfying clause 177 , affected employees will be paid overtime rates in accordance with clause 166 for any parts of the shift that are outside the previous rostered hours of duty, until the roster reverts to its usual pattern or the notice period has expired, whichever is earlier.
179. The maximum length of time a shiftworker should remain on duty is 14 hours, inclusive of any overtime, unless exceptional circumstances apply.

Penalty rates

180. Shiftworkers will be entitled to payment of shift penalties in accordance with Table 5 below, calculated as a percentage of the employee’s base rate of pay.

Table 5: Shift penalties

Hours	Penalty Rate
Monday to Friday, where any part of the shift falls between 7pm and 7am	115%
Monday to Friday, where the shift falls wholly between 7pm and 7am	130%
Saturday	150%
Sunday	200%
Public Holidays/Christmas Closedown	250%

181. Penalty rates are not cumulative. In instances where multiple rates may apply, including an overtime rate, the more beneficial rate will prevail.

Public holiday duty

182. A shiftworker, whose rostered day off occurs on the same day as a public holiday, will be granted paid leave equivalent to their usual rostered hours of work for that day, in lieu of that holiday, within one month after the holiday, if practicable. If not, the employee will be paid their usual rostered hours of work for that day, at their base rate of pay.

Overtime

183. Shiftworkers are entitled to overtime in accordance with clauses 162 to 168 of this agreement, in addition to what is specified below.
184. Subject to clause 181 , overtime rates will be paid when a shiftworker is directed to perform work:
1. outside the normal rostered shift hours of duty on that day; or
2. in excess of the weekly hours of ordinary duty (37.5) or in excess of the average weekly hours of duty (37.5) over a shift cycle.
185. Permanent shiftworkers who work approved overtime on Saturday will be paid 200% of their base rate of pay for all overtime worked.
186. A shiftworker who works approved overtime for a continuous period of at least one hour immediately before or after their rostered hours, and takes an unpaid meal break of at least 30 minutes during that period of overtime, is entitled to be paid an overtime meal allowance in accordance with clauses 84 to 89 .

Leave

187. Permanent shiftworkers will be entitled to an additional half-a-day paid annual leave for each Sunday rostered, up to a maximum of 5 days per year.
188. When a shiftworker would have received shift penalties, had they not been on a period of annual leave, they will receive half the penalty rate for the full period of the leave.
189. Where a shiftworker takes a period of leave, other than annual leave, shift penalties are not payable for the period of the absence.

Flexible working arrangements

190. The AEC, employees and their union recognise:
1. the importance of an appropriate balance between employees’ personal and working lives, and the role flexible working arrangements can play in helping to achieve this balance;
2. access to flexible work can support strategies to improve diversity in employment and leadership in the APS;
3. access to flexible work supports APS capability, and can assist in attracting and retaining the employees needed to deliver for the Australian community, including employees located at a wider range of locations;
4. that flexibility applies to all roles in the AEC, and different types of flexible working arrangements may be suitable for different types of roles or circumstances; and
5. requests for flexible working arrangements are to be considered on a case-by-case basis, with a bias towards approving requests.
191. The AEC is committed to engaging with employees and their union to build a culture that supports flexible working arrangements across the AEC at all levels. This may include developing and implementing strategies through an AEC consultative committee.
192. Flexible working arrangements include, but are not limited to, changes in hours of work, changes in patterns of work and changes in location of work.

Requesting formal flexible working arrangements

193. The following provisions do not diminish an employee’s entitlement under the NES.
194. An employee may make a request for a formal flexible working arrangement.
195. The request must:
1. be in writing;
2. set out details of the change sought (including the type of arrangement sought and the proposed period the arrangement will operate for); and
3. set out the reasons for the change, noting the reasons for the change may relate to the circumstances set out at section 65(1A) of the FW Act.
196. The Electoral Commissioner must provide a written response to a request within 21 days of receiving the request.
197. The response must:
1. state that the Electoral Commissioner approves the request and provide the relevant detail in clause 198; or
2. if following discussion between the AEC and the employee, the AEC and the employee agree to a change to the employee’s working arrangements that differs from that set out in the request – set out the agreed change; or
3. state that the Electoral Commissioner refuses the request and include the following matters:
1. details of the reasons for the refusal; and
2. set out the AEC’s particular business grounds for refusing the request, explain how those grounds apply to the request; and
3. either:
1. set out the changes (other than the requested change) in the employee’s working arrangements that would accommodate, to any extent, the employee’s circumstances outlined in the request and that the AEC would be willing to make; or
2. state that there are no such changes; and
4. state that a decision to refuse the request, or failure to provide a written response within 21 days is subject to the dispute resolution procedures of the enterprise agreement, and if the employee is an eligible employee under the FW Act, the dispute resolution procedures outlined in sections 65B and 65C of the FW Act.
198. Where the Electoral Commissioner approves the request, this will form an arrangement between the AEC and the employee. Each arrangement must be in writing and set out:
1. any security and work health and safety requirements;
2. a review date (subject to clause 202); and
3. the cost of establishment (if any).
199. The Electoral Commissioner may refuse to approve the request only if:
1. the AEC has discussed the request with the employee; and
2. the AEC has genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for refusal); and
3. the AEC and the employee have not reached such an agreement; and
4. the AEC has had regard to the consequences of the refusal for the employee; and
5. the refusal is on reasonable business grounds.
200. Reasonable business grounds include, but are not limited to:
1. the new working arrangements requested would be too costly for the AEC;
2. there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;
3. it would be impractical to change the working arrangements of other employees, or to recruit new employees, to accommodate the new working arrangements requested;
4. the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity;
5. the new working arrangements requested would be likely to have a significant negative impact on customer service; and
6. it would not be possible to accommodate the working arrangements without significant changes to security requirements, or where work health and safety risks cannot be mitigated.
201. For First Nations employees, the AEC must consider connection to country and cultural obligations in responding to requests for altering the location of work.
202. Approved flexible working arrangements will be reviewed by the AEC and the employee after 12 months, or a shorter period, if agreed by the employee. This is to ensure the effectiveness of the arrangement.

Varying, pausing or terminating flexible working arrangements

203. An employee may request to vary an approved flexible working arrangement in accordance with clause 195. An employee may request to pause or terminate an approved flexible working arrangement.
204. The Electoral Commissioner may vary, pause or terminate an approved flexible working arrangement on reasonable business grounds, subject to clause 206.
205. The AEC must provide reasonable notice if varying, pausing or terminating a flexible working arrangement without the agreement of the employee, having regard to the circumstances of the employee. Exceptions to this requirement are urgent and critical operational circumstances or an employee’s demonstrated and repeated failure to comply with the agreed arrangements.
206. Prior to the Electoral Commissioner varying, pausing or terminating the arrangement under clause 204, the AEC must have:
1. discussed with the employee their intention to vary, pause or terminate the arrangement with the employee;
2. genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for alteration);
3. had regard to the consequences of the variation, pause or termination for the employee;
4. ensured the variation, pause or termination is on reasonable business grounds; and
5. informed the employee in writing of the variation, pause or termination to the approved flexible working arrangement, including details set out in clause 197.3.

Working from home

207. The AEC will not impose caps on groups of employees on the time that may be approved to work from home or remotely, with each request to be considered on its merits.
208. The AEC may provide equipment necessary for, or reimbursement, for all or part of the costs associated with establishing a working from home arrangement.
209. An employee working from home is covered by the same employment conditions as an employee working at an office site under this agreement.
210. The AEC will provide employees with guidance on working from home safely.
211. Employees will not be required by the AEC to work from home unless it is lawful and reasonable to do so. This may include where circumstances prevent attendance at an office during a pandemic or natural disaster. In these situations, the AEC will consider the circumstances of the employees and options to achieve work outcomes safely.

Ad-hoc arrangements

212. Employees may request ad-hoc flexible working arrangements. Ad-hoc arrangements are generally one-off or short-term arrangements for circumstances that are not ongoing.
213. Employees should, where practicable, make the request in writing and provide as much notice as possible.
214. Requests for ad-hoc arrangements are not subject to the request and approval processes detailed in clauses 193 to 202.
215. The AEC should consider ad-hoc requests on a case-by-case basis, with a bias to approving ad-hoc requests, having regard to the employee’s circumstances and reasonable business grounds.
216. Where a regular pattern of requests for ad-hoc arrangements from an employee emerges, the AEC should consider whether it is appropriate to seek to formalise the arrangement with the employee.

Altering span of hours

217. An employee may request to work an alternative regular span of hours (bandwidth hours). If approved by the Electoral Commissioner, hours worked on this basis will be treated as regular working hours and will not attract overtime payments. The AEC will not request or require that any employee alter their regular span of hours (bandwidth hours) under these provisions.

Part-time employment

218. Prior to seeking to recruit to a role, the Electoral Commissioner may designate duties of that role to be performed on a part-time basis and recruit on that basis.
219. Unless otherwise agreed between the Electoral Commissioner and the employee, the minimum number of ordinary hours will be no less than 3 consecutive hours per day. An unpaid meal break will not be regarded as breaking continuity of hours of work.
220. Employees engaged on a full-time basis will not be compelled to convert to part-time employment.
221. Employees engaged on a part-time basis will not be compelled to convert to full-time employment.

Recording attendance and leave

222. Employees at the APS 1-6 classifications are required to record their attendance, including time travelling on official business, using a method determined by the AEC.

Christmas closedown

223. Subject to operational requirements (as determined by the Electoral Commissioner), the AEC will close its normal operations from close of business on the last working day before Christmas until the first working day after New Year’s Day (Christmas closedown)
224. Subject to clause 223 , employees are entitled to be absent during the Christmas closedown without deduction from leave credits.
225. Employees will be paid in accordance with their ordinary hours during Christmas closedown.
226. Employees on long service leave during the Christmas closedown will continue to have their leave deducted in accordance with the relevant legislation.
227. Subject to clause 228 , an employee who takes leave the day prior to, and the day after Christmas closedown, will be paid at the same rate of the leave entitlement. E.g., if an employee is absent on annual leave at half pay the day prior to, and the day after Christmas closedown, payment for that period will also be at half pay.
228. Where an employee takes leave at different rates of pay the day prior to, and the day after Christmas closedown, the more beneficial rate of pay will apply. E.g. if an employee is on annual leave at half pay immediately prior to Christmas closedown but on annual leave at full pay immediately after Christmas closedown, the employee will be paid as if they were on annual leave at full pay for Christmas closedown.
229. Subject to operational requirements, the Electoral Commissioner may require an employee to work during the Christmas closedown. Payment for this period will be in accordance with clause 166 .
230. In addition to clause 229 , APS 1-6 employees directed to work during Christmas closedown will also be entitled to a substitute period of time off in lieu of days worked.

Public holidays

231. Employees are entitled to the following holidays each year as observed at their usual location of work in accordance with the FW Act:
1. 1 January (New Year’s Day);
2. 26 January (Australia Day);
3. Good Friday and the following Monday;
4. 25 April (Anzac Day);
5. the King’s birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);
6. 25 December (Christmas Day);
7. 26 December (Boxing Day); and
8. any other day, or part day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part day, or a kind of day or part day, that is excluded by the Fair Work Regulations 2009 from counting as a public holiday.
232. If a public holiday falls on a Saturday or Sunday, and if under a State or Territory law, a day or part day is substituted for one of the public holidays listed above, then the substituted day or part day is the public holiday.
233. The Electoral Commissioner and an employee may agree on the substitution of a day or part day that would otherwise be a public holiday, having regard to operational requirements.
234. The Electoral Commissioner and an employee may agree to substitute a cultural or religious day of significance to the employee for any day that is a prescribed holiday. If the employee cannot work on the prescribed holiday, the employee will be required to work make-up time at times to be agreed. This substitution does not impact or reduce an employee’s entitlement to First Nations ceremonial leave, NAIDOC leave or cultural leave.
235. Where an employee substitutes a public holiday for another day, they will not be paid penalty rates for working their normal hours on the public holiday.
236. Where a public holiday falls during a period when an employee is absent on leave (other than annual leave, paid personal/carer’s leave or defence service sick leave) there is no entitlement to receive payment as a public holiday. Payment for that day will be in accordance with the entitlement for that form of leave (e.g. if on long service leave on half pay, payment is at half pay.)
237. If under a law of a State or Territory every Sunday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payment as a public holiday if the employee would have worked, or does perform work, on that day. In these circumstances, payment will only be made at the public holiday rate if the employee performs work on that day, and the Sunday would otherwise be a public holiday under clause 231.
238. If under a law of a State or Territory, Easter Tuesday is declared or prescribed by or under that law to be a public holiday, there is no entitlement to receive payment as a public holiday if the employee would have worked, or does perform work, on that day. In these circumstances, payment will only be made at the public holiday rate if the employee performs work on that day, and the  Tuesday would otherwise be a public holiday under clause 231.
239. An employee, who is absent on a day or part day that is a public holiday in their usual location of work, is entitled to be paid for the part or full day absence as if that day or part day was not a public holiday, except where that person would not normally have worked on that day.
240. Where a full-time employee, including but not limited to employees on compressed hours, has a regular planned day off which would fall on a public holiday, the Electoral Commissioner may allow the employee to change their planned day off so that it does not fall on a public holiday. If it is not possible to change their planned day off, the employee will be credited an equivalent amount of time to their regular hours for the day in flex credits or EL TOIL in recognition of their planned day off.

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