Holidays Amendment Act 2004

1: Title
1: This Act is the Holidays Amendment Act 2004.
2: In this Act, the Holidays Act 2003 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act relating to payment for public holidays
3: Interpretation
Section 5(1) existing collective agreement existing individual employment agreement .
4: Meaning of relevant daily pay
Section 9(2) section 50 section 50(1)(a)
5: New
section 50 The principal Act is amended by repealing section 50
50: Employer must pay employee at least time and a half for working on public holiday
1: If an employee works (in accordance with his or her employment agreement) on any part of a public holiday, the employer must pay the employee the greater of—
a: the portion of the employee's relevant daily pay (less any penal rates) that relates to the time actually worked on the day plus half that amount again; or
b: the portion of the employee's relevant daily pay that relates to the time actually worked on the day.
2: In subsection (1)(a) penal rates
a: means an identifiable additional amount that is payable to compensate the employee for working on a particular day of the week or a public holiday; but
b: does not include, for example, any additional payment for a sixth or seventh day of work.
3: This section is subject to section 51
6: Transitional provision for employers who already pay for work on public holidays in employee's regular pay
Section 51 subsection (1)
1: This section applies to—
a: an existing collective agreement until the later of—
i: 1 April 2007; or
ii: the date on which a collective agreement that replaces the existing collective agreement comes into force:
b: an existing individual employment agreement, until 1 April 2007.
7: New employment agreements must include provision relating to time and a half
1: The heading to section 52 relating to time and a half that complies with section 50
2: Section 52(2) at least the portion of the employee's relevant daily pay plus half that rate again for work on a public holiday, in accordance with section 50 in accordance with section 50
8: Existing employment agreements must include provision relating to time and a half
1: The heading to section 53 relating to time and a half that complies with section 50
2: Section 53(2) at least the portion of the employee's relevant daily pay plus half that rate again for work on a public holiday, in accordance with section 50 in accordance with section 50
3: Section 53 subsection (3)
3: The date is,—
a: for an existing collective agreement to which section 51
i: 1 April 2007; or
ii: the date on which a collective agreement that replaces the existing collective agreement comes into force:
b: for an existing individual employment agreement to which section 51
c: for all other existing employment agreements, the earlier of—
i: the date on which the existing employment agreement is next amended; or
ii: 1 April 2005.
2: Amendments to principal Act relating to sick leave and bereavement leave
9: New heading and
section 61A The principal Act is amended by inserting, after section 61 Relationship between public holidays and other entitlements
61A: Sickness, injury, or bereavement on public holiday
1: This section applies to an employee who is required, or has agreed, to work on a public holiday but who does not work on the day because—
a: the employee—
i: becomes or remains sick or injured; or
ii: has a spouse or dependant who becomes or remains sick or injured; or
b: the employee suffers or has suffered a bereavement as described in section 69(2)
2: If this section applies,—
a: the public holiday must continue to be treated as a public holiday and not as sick leave or bereavement leave for the employee; and
b: to avoid doubt, the employee—
i: must be paid for the day in accordance with section 49 section 50(l)(a)
ii: is not entitled to an alternative holiday under section 56
10: Proof of sickness or injury
1: Section 68 subsection (1)
1A: Despite subsection (1)
a: has reasonable grounds to suspect that the sick leave being taken by the employee is not genuine because none of the grounds in section 65(1)
b: informs the employee, as early as possible after forming the suspicion that the sick leave being taken is not genuine, that the proof is required; and
c: agrees to meet the employee's reasonable expenses in obtaining the proof.
2: Section 68 subsection (4)
4: To avoid doubt,—
a: this section does not prevent an employer who is otherwise legally authorised to so require, from requiring an employee to establish that there are no relevant health and safety reasons or hygiene reasons that would prevent the employee from working:
b: subsection (1) or subsection (1A)
11: When payment for sick leave or bereavement leave must be made
Section 72(2) fails , without reasonable excuse,