Where an industrial agreement specifies that an annualised salary for officers working 'Monday to Friday' incorporates payment only for ordinary hours and does not expressly include public holidays, public holidays do not form part of the rostered hours for such officers.

The presence of distinct salary classifications in an industrial agreement schedule (e.g., 'Monday-Friday' vs 'Monday-Friday plus Public Holidays') at different rates demonstrates the parties' recognition that additional compensation is required for officers required to work on public holidays.

Clause 30.1(b) of the Port Adelaide Enterprise Agreement applies only to Closed Port Days that are also public holidays. The inclusion of the phrase '(including CPDs)' confirms that a CPD that is a public holiday remains a public holiday and is covered by that provision, not that the provision extends to CPDs that are not public holidays.

For the purposes of clause 30.1(b), an employee must be 'available to work' on a CPD by volunteering and/or otherwise confirming their availability to work on the day in question, particularly given that FSEs are not generally expected to work on CPDs.

Under the Award and Fair Work Act ss 114 and 116, an employee's entitlement on a public holiday separates into two mutually exclusive categories: either a paid day off at ordinary rate of pay for hours not worked, or penalty rate payment for hours that are worked. An employee cannot be entitled to both payments for the same hours because it is impossible to be both absent from work and at work simultaneously.

The phrase 'without loss of pay' in a public holiday entitlement clause means the employee retains their ordinary base rate of pay, not shift allowances or other penalties, which are payable only when the shift is actually worked.

There is a conceptual distinction between additional payments for working a particular shift (compensation for disruption to domestic and social life) as opposed to working on a public holiday (compensation for working on a day on which employees are not generally required to attend work).

A credited entitlement in an agreement has a specific value derived from the agreement's language. When the agreement specifies a credit is made 'hour for hour', meaning at a value of 1.00, that value attaches to the credit itself, regardless of how the credit may be recorded on a pay slip.

An enterprise agreement clause that limits public holiday recognition and payment to the 'celebrated day' rather than a substituted day prescribed by state law under s.115(2) contravenes s.55(1) and s.56 of the Fair Work Act because it excludes NES public holiday entitlements.

All special public holidays must be recognised under the award regardless of whether they apply throughout the State or to a particular district or locality, to ensure the award is compliant with General Orders concerning special public holidays.

An award provision or enterprise agreement term that allows the employer to substitute a public holiday unilaterally, or that permits substitution in respect of a minority of employees who do not agree, is not authorised by s.115(3) of the Fair Work Act, which requires individual employer-employee agreement.

Sections 55 and 56 of the Fair Work Act require that agreement terms which would otherwise disentitle workers to NES public holiday benefits and exclude NES provisions contravene s.55 and have no effect per s.56 to the extent they are detrimental to an employee compared to the NES.