AP785611 - Journalists (Television) Award 1998
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
22. ANNUAL LEAVE
22.1 Provisions applicable to schedule 1 respondents
22.1.1 Subject to the provisions hereinafter contained, in every 52 weeks of employment and after 46 weeks from the annual date of appointment to the staff all classified members and cadets shall become entitled to six weeks annual leave on full pay irrespective of sick leave.
22.1.2 Annual leave of six weeks shall be given and taken:
22.1.2(1) in six consecutive weeks, or
22.1.2(2) if the employer so desires, in two periods, one of four consecutive weeks respectively, or
22.1.2(3) if a member so requests and the employer agrees, in any other two periods totalling six weeks or in three periods totalling six weeks.
22.1.3 Payment for periods of leave given and taken shall be made in advance.
22.1.4 If a member of the classified staff, or a cadet, is discharged before the completion of 46 weeks of employment, he or she shall be entitled to proportionate leave on full pay at the rate of six weeks leave for 46 weeks employment.
22.1.5 If after 52 weeks (46 weeks of employment, and six weeks of annual leave), a member of the classified staff or cadet, leaves his or her employment, whether of his or her accord or because he or she is dismissed, he or she shall be entitled to proportionate leave for the amount of his or her further service at the rate of six weeks leave for 46 weeks of employment.
22.2 Provisions applicable to schedule 2 respondents
22.2.1 Subject to the provisions hereinafter contained in every 52 weeks of employment all classified members and cadets shall after the completion of 46 weeks employment from the annual date of appointment to the staff become entitled to six weeks (42 days) annual leave on full pay irrespective of sick leave. If any employer in its discretion allows and the member concerned takes not more than seven separate holidays (not including Christmas Day or Good Friday) as and when they fall due in the particular State where the member is employed then the 42 days annual leave shall be reduced by an equal number of days taken.
22.2.2 The annual leave shall be given and taken in six consecutive weeks or, if the employer so desires, in two periods, each of three consecutive weeks provided that if a member so requests and the employer so agrees annual leave may be given and taken in two periods of two weeks and four weeks respectively.
22.2.3 Payment for periods of leave given and taken shall be made in advance.
22.2.4 If a member of the classified staff, or a cadet is discharged before the completion of his or her first 46 weeks of employment, he or she shall be entitled to payment for proportionate leave on full pay at the rate of six weeks annual leave for 46 weeks employment, or if the provision to paragraph 22.2.1 is applicable at the rate established by calculating the proportion of six weeks leave less the number of days deducted therefrom pursuant to the provision to paragraph 22.2.1 and the period of employment which shall be calculated by deducting the period of annual leave calculated as aforesaid from 52 weeks.
22.2.5 If after 52 weeks (46 weeks of employment and six weeks of leave) or where the proviso to paragraph 22.2.1 is applicable, a member of the classified staff or cadet, leaves his or her employment, whether of his or her own accord or because he or she is dismissed, he or shall be entitled to proportionate leave for the amount of his or her further service at the rate of six weeks leave for 46 weeks of employment or if the proviso to paragraph 22.2.1 is applicable, at the rate established by calculating the proportion of six weeks leave less the number of days deducted there from pursuant to the proviso to paragraph 22.2.1 and the period of employment which shall be calculated by deducting the period of leave calculated as aforesaid from 52 weeks.
22.3 Provisions applicable to all respondents
22.3.1 Subject to the provisions hereinafter contained, a member who is entitled to annual leave in accordance with the provisions of this clause shall be paid a loading of 17.5 per cent calculated on the minimum weekly award rate of pay prescribed in subclauses 14.2 and 14.7. The loading shall not apply to proportionate leave on termination of employment.
22.3.2 The additional allowances prescribed by subclauses 22.1 and 22.2 shall not to be taken into account when calculating the loading prescribed by this subclause.
22.3.3 The annual leave prescribed in paragraphs 22.1.1 and 22.2.1 shall be allowed and shall be taken and payment shall not be made or accepted in lieu thereof.
22.3.4 If the member and the employer so agree, the annual leave or either of such separate periods may be taken wholly or partly in advance before the member has become entitled to the annual leave.
22.3.5 Where the annual leave or any part thereof has been taken before the right to the annual leave has accrued, the right to a further period of annual leave shall not commence to accrue until after the expiration of the year of service in respect of which the annual leave or part has been so taken.
22.3.6 Annual leave shall be given by the employer and shall be taken by the member before the expiration of four months from the date upon which the right to such annual leave accrues provided that the giving and taking of the whole or any separate period of such annual leave may be postponed if the member and the employer so agree.
22.3.7 When the leave is fixed to begin on a Monday and the member has worked on the preceding Sunday, leave shall date from the Tuesday.
22.3.8 Should Christmas Day or Good Friday fall during a member's annual leave, the member shall be allowed an extra day's annual leave or be paid double rates for one day.
22.3.9 If an employer finds in necessary to cancel or alter the date(s) of annual leave, the time of which has already been notified to a member and such member can show that, through such cancellation or alteration, he or she has actually lost payments reasonably made by him or her, and in respect of which the member has retained no benefit, the employer shall reimburse the member for such loss.
