AN120185 – Draughting Employees, Planners, Technical Employees, &c (State) Award

PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS 

7.1 ANNUAL LEAVE

7.1.1 Period of Leave

A period of twenty-eight consecutive days leave shall be allowed annually to an employee after 12 months continuous service (less the period of annual leave), such period to include any absence from work on paid long service leave. Provided that by agreement between an employer and employee, annual leave may be taken at any time within a period of twelve months from the date at which it falls due and with less than four weeks notice to the employee.

(i) Public Holidays Falling in a Period of Leave

The annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by subclause 7.7 Public Holidays, of this award, and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.

(ii) Leave to be Taken

The annual leave shall be given and taken in one or two continuous periods. If the annual leave is given in two continuous periods then one of those two periods must be of at least twenty-one consecutive days: Provided that if the employer and an employee so agree then his/her annual leave entitlement may be given and taken in two separate periods neither of which is of at least twenty-one consecutive days, or in three separate periods: Provided further that an employee may, with the consent of his/her employer, take short-term annual leave, not exceeding four days in any calendar year, at a time or times separated from any of the periods determined in accordance with this subclause.

(iii) Proportionate Leave on Termination

If in any twelve monthly qualifying period an employee terminates his/her employment or has his/her employment terminated by his/her employer he/she shall be paid in addition to all other amounts due to him/her an amount equal to one-twelfth of his/her ordinary pay for the completed part of the qualifying period.

(iv) Annual Close Down

Where an employer closes down his/her plant, or a section or sections thereof, for the purpose of allowing annual leave to all or the bulk of the employees in the plant, or section or sections concerned, the following provisions shall apply:

(v) He/she may by giving not less than four weeks' notice of his/her intention so to do stand off for the duration of the close down all employees in the plant or section or sections concerned and allow to those who are not then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to subclause 7.1.1 of this clause, paid leave on a proportionate basis at the rate of wage equal to one-twelfth of his/her ordinary pay earned during the current qualifying period.

(vi) An employee who has then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to subclause 7.1.1 of this clause, and has also completed a further week or more of continuous service shall be allowed his leave, and shall also be paid an amount equal to one-twelfth of his ordinary pay earned since the close of his last twelve monthly qualifying period.

(vii) The next twelve-monthly qualifying period for each employee affected by such close down shall commence from the day on which the plant, section or sections concerned is reopened for work: Provided that all time during which an employee is stood off without pay for the purpose of this subclause shall be deemed to be time of service in the next twelve-monthly qualifying period.

(viii) If in the first year of his/her service with an employer, an employee is allowed proportionate annual leave under paragraph (i) of this subclause, and subsequently within such year lawfully leaves his employment or his employment is terminated by the employer through no fault of the employee, he/she shall be entitled to the benefit of subclause 7.1.4 of this clause subject to adjustment for any proportionate leave which he may have been allowed as aforesaid.

(ix) An employer may close down his/her plant for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down his plant in two separate periods one of those periods shall be for a period of at least twenty-one consecutive days: Provided that where the majority of employees concerned agree, an employer may close down the plant, work section or sections in one, two or three separate periods for the purpose of granting annual leave in accordance with this subclause. Provided further that if an employer closes down his plant on more than one occasion, one of those periods shall be for a period of at least fourteen consecutive days including non-working days. In such cases, the employer shall advise the employees concerned of the proposed dates of each close down before asking them for their agreement.

(a) An employer may close down his plant, or a section or sections thereof for a period of at least twenty-one consecutive days and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster: Provided that by agreement with the majority of employees concerned, an employer may close down his plant for a period of at least fourteen consecutive days including non-working days and grant the balance of the annual leave due to an employee by mutual arrangement.

(x) An employer may close down his/her plant, or a section or sections thereof for a period of less than twenty-one consecutive days and allow the balance of the annual leave due to an employee in one or two continuous periods either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of employees in the plant, or a section or sections thereof respectively and before asking the employees concerned for the agreement the employer shall advise them of the proposed dates of the close down or close downs and the details of the annual leave roster.

(xi) Annual Leave Loading

During a period of annual leave an employee shall receive a loading calculated on the rate of wages he would have been entitled to receive had he/she not been on such leave. The loading shall be as follows:

(xii) Day Workers - An employee who would have worked on day work only had he not been on leave - a loading of 17.5 per cent on the rate of wages he would have been entitled to receive.

(xiii) Shift Workers - An employee who would have worked on shift work had he not been on leave - a loading of 17.5 per cent on the rate of wages he would have been entitled to receive: Provided that where the employee would have received shift loading prescribed by clause 6.2, Shift Work, had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17.5 per cent then the shift loadings shall be added to the rate of wage prescribed by clause 5, Rates of Pay, in lieu of the 17.5 per cent loading: Provided further that if the shift loadings would have entitled him to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wage prescribed by clause 5.1, Classifications and Rates of Pay, in lieu of the shift loadings.

The loading prescribed by this subclause shall not apply to proportionate leave on termination.