AP780630CRV - Entertainment and Broadcasting Industry - Theatre Managers - Cinema - Award 1998
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
25. ANNUAL LEAVE
25.1 A weekly employee, other than a casual, will be entitled to and will take four weeks’ annual leave on full pay at the conclusion of each period of twelve months’ service. In the event of the employment of an employee, other than a casual, being terminated before the expiration of twelve months, such employee will be paid two days for each completed month of service.
25.2 A full-time weekly employee, other than a casual, regularly rostered for duty on Sunday as part of the ordinary hours of work for the week will be entitled to an additional week’s paid leave at the conclusion of each period of twelve months’ service. A minimum of twenty Sundays per year are required to be worked in order to qualify for the benefits of this subclause.
25.3 Giving and taking of periods of annual leave
25.3.1 The employer will give each employee at least one calendar month’s notice of the date from which annual leave will be taken.
25.3.2 The annual leave will be given and taken in four consecutive weeks, but the employer will have the option, by mutual agreement with the employee, of dividing the four weeks’ annual leave into two periods, each of two weeks.
25.3.3 Where any public holiday as prescribed occurs during the period of the employee’s annual leave, the leave will be increased by one day for each public holiday falling within an employee’s annual leave.
25.4 “Full pay” in this clause means the average rate the employee received for the four weeks preceding the taking of annual leave or the average rate received for the twelve months preceding such leave, whichever be the highest, providing that such average will be computed taking into consideration any extra rate prescribed under this award and penalty rate for Sunday work, where such work is part of the employee’s normal week of five days, but excluding any amount received by way of overtime or public holiday penalty rate.
25.5 Annual leave loading
25.5.1 Each weekly employee before going on any period of annual leave will for each week of such leave be paid an “annual leave loading” at the rate of 17.5 per cent of the weekly full pay rate as defined.
25.5.2 No annual leave loading is payable to any employee who takes annual leave wholly or partly in advance. Provided that if the employment of such an employee continues until the day when the employee would have become entitled to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated by applying the award rates of wages applicable on that day.
25.5.3 No annual leave loading is payable on the termination of an employee’s employment.
25.5.4 No annual leave loading is payable on the additional one week’s annual leave entitlement where an employee is required to work a minimum of 20 Sundays per year.
