AP782505CR - Graphics Arts - General - Award 2000
PART 7 - LEAVE OF ABSENCE AND ANNUAL LEAVE
7.1 ANNUAL LEAVE
7.1.1 When and how much annual leave is an employee entitled to?
Employees other than casuals are entitled to four weeks paid annual leave at the end of each year of continuous service. Year will include the period of leave.
7.1.2 What are the pay rates for annual leave?
7.1.2(a) Employees before going on leave will be paid their wages for the period of leave. The pay will be at the rate prescribed by 5.1.1 for the occupation in which the employee was ordinarily employed immediately prior to the commencement of their leave, unless the employee was being paid a higher wage, when it will be that higher wage. A wage will not be so computed as to include overtime. In addition, employees other than shift workers will receive a loading of 17.5%.
7.1.2(b) Where an employee is a shift worker and would have received a shift allowance as prescribed by 6.2.3 had the employee not been on annual leave during the relevant period, then that shift allowance will be added to the rate of wage prescribed by 7.1.2(a) instead of the 17.5% loading.
7.1.3 When to take annual leave
7.1.3(a) Annual leave will be given at a time fixed by the employer within a period not exceeding six months from the date when the right to leave accrued.
7.1.3(b) By agreement between an employer and an employee, annual leave may be taken at any time provided it is done within two years from the date when the right to leave accrued. This is subject to Level 1 Facilitation.
7.1.3(c) The employer can require an employee to take annual leave by giving not less than four week’s notice of the time when such leave is to be taken.
7.1.3(d) Where an employee reaches agreement with the employer in accordance with 7.1.3(b) to delay the taking of leave and the terms of such agreement include agreement on a specific date when such leave will be taken, the employer will not breach the agreement through the application of 7.1.3(c).
7.1.4 How can the leave be taken?
7.1.4(a) Annual leave is to be given by the employer and taken by the employee in up to three separate periods.
[7.1.4(b) varied by PR964986 ppc 11Nov05]
7.1.4(b) If the employer and an employee so agree the annual leave entitlement may be given and taken in more than three separate periods including up to a maximum of ten single days. However one period of annual leave must be at least fourteen consecutive days including non working days. This is subject to Level 1 facilitation.
7.1.5 Can annual leave be taken in advance of when it is due?
The employer may, if they think fit, give at any time in advance the period of continuous leave on full pay, prospectively due. Where the leave has been taken before the right to the annual leave has accrued, the right to further annual leave will not commence to accrue until after the expiration of the year of employment in respect of which the leave has been so taken.
7.1.6 Can annual leave be cashed out?
Except in cases of termination of employment an employer must not make payment to an employee instead of the leave to which the employee is entitled under this subclause.
7.1.7 What happens when public holidays fall within annual leave?
7.1.7(a) Where any holiday for which the employee is entitled to payment under this award occurs during any period of leave taken by an employee under this subclause, the period of the leave will be increased by one day in respect of that holiday provided that the payment for such holiday will not be included in the calculation of the annual leave loading.
7.1.7(b) Where the period of an employee's annual leave is extended by a holiday or holidays occurring therein and the employee is absent from their employment without reasonable excuse or without the consent of the employer:
7.1.7(b)(i) On the working day immediately before the first day of that period of annual leave, the employee will not be entitled to payment for such holiday, or the first of such holidays, as the case may be;
7.1.7(b)(ii) On the working day immediately after the last day of that period of annual leave the employee will not be entitled to payment for such holiday or the last of such holidays as the case may be.
7.1.8 Payment for leave on termination of employment
7.1.8(a) If an employee’s employment is terminated, the employer must pay the employee all annual leave entitlements owed. Where periods of leave which have accrued do not equate to one year’s entitlement, payment will be made of an amount equal to one-twelfth of the employee’s pay for that period of employment. No annual leave loading is due for periods of leave paid out for less than a year. Where employment has been for less than 28 consecutive days and is terminated, the employer will not be liable to make any payment to the employee.
7.1.8(b) Where leave has been taken in advance by an employee and the employee leaves or is discharged before completing the required twelve months continuous service, the employer will use the amount already paid to offset any sums which would otherwise be paid under 7.1.8(a). If the moneys already paid to the employee exceed whatever moneys would be payable under 7.1.8(a), the excess will be deducted from any remuneration payable to the employee on termination.
7.1.9 Annual leave close down
7.1.9(a) In the event of the employer closing their plant or a section or sections of the plant for the purposes of allowing annual leave to all or the majority of the employees in the plant or any section or sections of the plant, the following special provisions will apply.
7.1.9(b) Employees will be paid the wages due to them in respect of accrued annual leave entitlements.
7.1.9(c) Should an employee have less than twelve months' employment with the employer, the employer may pay that employee pro-rata wages calculated on the basis of one-twelfth of their pay for the period of employment which includes the period of the close down. When this occurs, and an employee has been paid pro rata wages they will be deemed to have commenced the ensuing period of employment for the purposes of their next subsequent period of annual leave at the date they commenced their annual leave for which they were paid pro rata wages.
7.1.9(d) How can the close down periods be taken?
7.1.9(d)(i) The employer may closedown the plant or a section or sections of the plant for one or two separate periods.
7.1.9(d)(ii) If the employer closes down the plant or a section or sections of the plant in two separate periods, one of those periods must be for a period of at least fourteen consecutive days including non-working days.
7.1.10 Employer’s obligation
Employment under this award will be deemed to have continued and to continue unbroken and constant, despite any interruption or determination of the employment by the employer if such interruption or determination has been or be made merely with the intention of avoiding obligation imposed by the provisions of this subclause.
7.1.11 How to calculate the leave entitlement
7.1.11(a) Except for the following absences, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:
7.1.11(b) Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purpose of this award include:
7.1.11(c) Where a business is transmitted from one employer to another, as set out in 4.2.5(b), the period of continuous service that the employer had with the transmittor or any prior transmittor will be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee will not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.
