40. Public holidays

40.1 Employees will observe the following public holidays in the Australian Capital Territory:

(a) New Year’s Day (or substitute);

(b) Australia Day (or substitute);

(c) Good Friday and Easter Monday;

(d) Anzac Day (or substitute);

(e) the Queen’s Birthday observance day (or substitute);

(f)   Labour Day or equivalent;

(g) Christmas Day (or substitute);

(h) Boxing Day (or substitute); and

(i)    any other day, or part-day, declared or prescribed by or under a law of the Australian Capital Territory to be observed generally within the Australian Capital Territory, or a region of the Australian Capital 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.

40.2 Where the Clerk and an employee agree, another day may be substituted for any public holiday prescribed above.

40.3 Where an employee is receiving half pay or no pay on one side of a public holiday and full pay on the other side, or half pay on one side and no pay on the other side, the employee will be paid full pay for the public holiday.  Where an employee is on a period of leave without pay on both sides of a public holiday, the employee will receive no pay for the public holiday.

41. Closedown days

41.1 The department will close down on the three work days between the Boxing Day and New Year’s Day public holidays each year.  Employees will be granted discretionary leave with pay for those closedown days.