23.       PUBLIC HOLIDAYS

23.1     A weekly employee shall be granted the following holidays without deduction of pay:

Foundation Day (in Western Australia); Proclamation Day (in South Australia); New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Labour Day; Anzac Day; the third Monday in May (in South Australia); the birthday of the Sovereign; Melbourne Cup Day in the Melbourne Metropolitan area only, or some other day as determined in a particular locality (in Victoria); Christmas Day and Boxing Day, or such other day as the employer and the employees may mutually substitute beforehand in lieu of any of the said days.

23.2     Provided that if the employer and the employees fail to mutually substitute such other day the employer may substitute such other day but not so as to give an employee less time off work than the employee would have had if the employee had received the said holiday.

23.3     Provided that:

23.3.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

23.3.2 When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 28 December.

23.3.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

23.4    Provided that if any day is gazetted in lieu of one of the abovementioned holidays, such day shall be deemed to be a holiday for the purposes of the award.

23.5     Where in a State or Territory or locality within a State or Territory an additional holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or Territory or a locality thereof other than by those covered by Federal awards, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purpose of this Award, for employees covered by this Award, who are employed in the State, Territory or locality in respect of which  the holiday has been proclaimed or ordered as required.

23.6     If an employee works on any of the holidays mentioned or any day or days by Act of Parliament or Proclamation substituted for such holidays and the employer and employee have not agreed to mutually substitute such holiday for another day the employee shall be paid single time in addition to his ordinary rate of pay, or alternatively if the employer agrees, an extra day shall be added to his annual leave.