AN150029 – Carpenters & Joiners (General) Award 1993
#OPDATE 14:01:93 1st pp on or after
Period of Leave
24.1 Subject to the provisions of subclauses 24.2, 24.4 and
24.5 of this clause, a period of twenty eight (28) consecutive days, exclusive of any public holidays occurring during the period, shall be given and taken as leave annually to all employees, other than casual employees, after twelve (12) months continuous service (less the period of annual leave) with an employer.
Method of Taking Leave
24.2 Either twenty eight (28) consecutive days, or two separate periods of not less than seven (7) consecutive days in all cases exclusive of any public holidays occurring therein, or if the worker and the employer so agree, in either two, three or four separate periods and not otherwise, shall be given and taken within six (6) months from the date when the right to annual leave accrued.
Leave Allowed Before Due Date
24.3 (a) An employer may allow an employee to take annual leave prior to the employee's right thereto has accrued due. In such circumstances, the qualifying period of further annual leave shall not commence until the expiration of twelve (12) months in respect of which the leave so allowed was taken.
(b) Where an employer has allowed an employee to take annual leave pursuant to subclause 24.3 (a) hereof and the employee's services are terminated (by whatsoever cause) prior to the employee completing the twelve (12) months continuous service for which leave was allowed in advance, the employer may for each complete week of the qualifying period of twelve (12) months not served by the employee, deduct from whatever remuneration is payable upon the termination of the employment one-fifty-second of the amount of wages paid on account of the annual leave.
(c) Notwithstanding anything contained in this subclause, an employee who has worked for twelve (12) months in the industry with a number of different employers without taking annual leave, shall be entitled to take annual leave and be paid one twelfth of an ordinary week's wages in respect of each completed 38 hours of continuous service with the current employer.
Proportionate Leave on Termination
24.4 Where an employee has given five (5) working days or more continuous service, inclusive of any day off as prescribed by clause 17 and 22 (excluding overtime), and either leaves employment or employment is terminated by the employer, the employee shall be paid one twelfth of an ordinary week's wages in respect of each completed five (5) working days of continuous service with the employee's current employer for which leave has not been granted or paid for in accordance with this Award.
Broken Service
24.5 Where an employee breaks continuity of service by an absence from work for any reason other than a reason set out in 24.6 hereof, the amount of leave to which the employee would have been entitled under 24.1 hereof shall be reduced by one-forty-eighth for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which the employee would have been entitled under 24.4 hereof shall be reduced by one-twelfth of a week's pay for each week or part thereof during which any such absence occurs.
Calculation for continuous Service
24.6 For the purpose of this clause, service shall be deemed to be continuous notwithstanding an employee's absence from work for any of the following reasons:
(a) Illness or accident up to a maximum of four (4) weeks after the expiration of paid sick leave;
(b) Bereavement Leave;
(c) Jury Service;
(d) Injury received during the course of employment and up to a maximum of twenty six (26) weeks for which workers' compensation was received.
(e) where called up for military service of up to three (3) months in any qualifying periods;
(f) Long Service Leave;
(g) Any reason satisfactory to the employer or in the event of dispute to the Commission.
Provided that the reason shall not be deemed satisfactory unless the employee has informed the employer within twenty-four (24) hours of the time when the employee was due to attend for work or as soon as practicable thereafter of the reason for the absence and probable duration thereof Payment for Period of Leave
24.7 (a) Each employee, before going on leave, shall be paid in advance the wages which would ordinarily accrue to the employee during the currency of the leave.
Annual Leave Loading
(b) In addition to the payment prescribed in paragraph (a) hereof, an employee shall receive during a period of annual leave a loading of 17.5 per cent calculated on the rates, loadings and allowances prescribed by Clauses 9, 13 and 14 and leading hand rates as prescribed above shall also apply to proportionate leave on lawful termination.
Service Under Previous Award
24.8 For the purpose of calculating annual leave, the service of the employee prior to the operative date of this Award shall be taken into account but an employee shall not be entitled to leave (or payment in lieu thereof) for any period in respect of which leave (or payment in lieu thereof) has been allowed or made under any previous award.
Annual Close Down
24.9 Notwithstanding anything contained in this Award, an employer giving any leave in conjunction with the Christmas-New Year holidays may, at the employer's option, either:
(a) stand off without pay during the period of leave any employee who has not yet qualified under 24.1 hereof;
or
(b) stand off without pay during the period of leave any employee who has not qualified under 24.1 hereof and pay (up to the period of leave given) at a rate of one-twelfth of an ordinary week's wages in respect of each 38 hours continuous service (excluding over-time).
Provided that where an employer at the employers option decides to close down the establishment at the Christmas- New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of the employees then qualified for such leave, the employer shall give at least two (2) months' notice to the employees of the employers intention to do so.
Commencement of Leave - Distant Jobs
24.10 If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement, or if employed prior to going to country work the place regarded as the headquarters, by the first reasonable means of transport, the employee's annual leave shall commence on the first full working day following the employee's return to such place of engagement or headquarters as the case may be.
Prohibition of Alternative Arrangements
24.11 An employer shall not make payment to an employee in lieu of the employee's annual leave or any part thereof except as is provided for in this Clause and no contract, arrangement or agreement shall annul, vary or vitiate the provisions of this Clause whether entered into before or after the commencement of this Award.
