“public holiday—

• “(a) means a day specified in section 44(1); and

• “(b) if there is a written agreement under section 44A,—

  • “(i) includes a period of 24 hours agreed to be treated as a public holiday; but

  • “(ii) excludes a part of a day specified in section 44(1) agreed to be treated as not part of a public holiday”.

• “(b) to provide for the transfer of public holidays in limited circumstances:

• “(c) to specify the entitlements of employees in relation to public holidays.”

“44A Transfer of public holiday

• “(1) This section applies if—

  • “(a) an employee is to start work on a day and finish work on the following day; and

  • “(b) 1 or both of those days are specified in section 44(1).

  “(2) The employee and his or her employer may agree in writing (whether in an employment agreement or otherwise)—

  • “(a) that part of 1 or both days specified in section 44(1) is to be treated as not part of a public holiday; and

  • “(b) that,—

    • “(i) if the agreement relates to only 1 day specified in section 44(1), a period of 24 hours is to be treated as a public holiday if the period—

      • “(A) is to start or finish during the day specified in section 44(1); and

      • “(B) includes the period from when the employee is to start work to when the employee is to finish work:

    • “(ii) if the agreement relates to 2 days specified in section 44(1), 2 separate periods of 24 hours are to be treated as public holidays if each period—

      • “(A) is to start or finish during the days specified in section 44(1); and

      • “(B) includes the period from when the employee is to start work to when the employee is to finish work.

  “(3) To avoid doubt, a period of 24 hours agreed under this section to be treated as a public holiday is a public holiday whether or not the employee works during that period.

  “(4) An agreement under subsection (2) must not diminish the total number of paid public holidays that would otherwise be available to the employee in any year.”