AN120011 – Aged Care General Services (State) Award
(i) Employees who become entitled to annual leave under clause 14 of this award shall receive an annual leave loading of 17.5% of the appropriate ordinary rate of pay for the classification in which the employee was employed immediately before commencing annual leave. Such rate of pay shall include any leading hand allowance, broken shift allowance, climatic and isolation allowance, qualification allowances, service allowance, paid to the employee under this award, but shall not include any penalty or overtime rates prescribed by this award.
(ii) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until the day upon which they would become entitled to such holiday under the Annual Holidays Act 1944 the loading then becomes payable according to the rate of pay applicable on such day.
(iii) Before an employee is given and takes their holiday, or where agreement is reached between the employee and employer to take annual leave in more than one separate period, then before each of such separate periods, the employer shall pay the employee the loading in accordance with subclause (i) of this clause.
(iv) Where the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of termination the employee has not been given and has not taken any annual leave which may have accrued on a pro-rata basis, the employee shall be paid the loading for such period not taken.
(v) Where the amount to which an employee would have been entitled in respect of shift allowances and weekend penalty rates for ordinary time which the employee would have worked during the period of annual leave exceeds 17.5%, then that amount shall be paid to the employee in lieu of the loading. Provided that, ordinary time under this subclause shall not include work on any of the public holidays specified in clause 14, Annual Leave.
