39.1 Subject to the provisions of subclauses 39.1.1 and 39.1.2 of this clause the following days shall be observed as holidays. New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Sovereign’s Birthday, Christmas Day, Boxing Day and such other days as may be declared State public holidays or University holidays. Provided that:
39.1.1 whenever Labour Day, Foundation Day or Sovereign’s Birthday fall on a day other than a Monday the next following Monday shall be the holiday instead of such day; and
39.1.2 such days will normally be taken as part of the Christmas closedown period. Where this is not possible then the days may be taken at some other time agreeable between the University and the employee.
39.2 If, in terms of Senate resolutions 273/60 and 139/64, any of the days stated in subclause 39.1 of this clause are not observed as holidays on the appointed day one day’s leave in lieu will be granted in each case subject to its normally being taken between the Christmas and New Year holidays or immediately following the New Year holidays. Provided that leave in lieu accrued under this clause can be cleared at an alternative time agreed to by the employee and the employer.
39.3 Notwithstanding the foregoing, and in accordance with subclause 24.2.5 (b) of this agreement, security officers shall be required to take one day's leave in lieu of each of Easter Tuesday and the special New Year's Day at a time mutually convenient and not necessarily during the Christmas closedown.
39.4 Where an employee has worked less than the required number of open public holidays to qualify for paid leave for the Christmas closedown, the employee shall take either annual leave, accrued time in lieu or leave without pay for the required number of days.
39.5 An employee who is required to work on an appointed holiday shall, subject to the provisions of clause 24.6, be paid or granted equivalent time off in lieu as prescribed in clause 24.8 for the time so worked.
39.6 By agreement between the University and the employees in the Perth International Arts Festival and employees involved in the administration of students the above arrangement may be varied to better meet the operational requirements of the specific area. The arrangements in other areas of the University may be varied by direct consultation and agreement between the University and the employee and, where they choose, their employee representative.
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