AN120020 – Animal Welfare, Institutional (State) Award
(i) In this clause, the Annual Holidays Act 1944 is referred to as "the Act".
(ii) Before an employee is given and takes an annual holiday or where, by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance: see subclause (vii) of this clause.)
(iii) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.
(iv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vi) of this clause as to holidays taken wholly or partly in advance.)
(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause, at the rate per week of 17.5 per cent of the appropriate ordinary-time weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, together with, where applicable, the leading hand allowance prescribed by clause 5, Wages, but shall not include the Saturday penalty for ordinary hours wherever prescribed by this award, nor shall it include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.
(vi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he or she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause, applying the award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.
(vii) Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned.
(a) An employee who is entitled under the Act to an annual holiday, and who is given and takes such a holiday, shall be paid the loading calculated in accordance with subclause (v) of this clause.
(b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable under the Act, such proportion of the loading that would have been payable to the employee under this clause if the employee became entitled to an annual holiday prior to the closedown as the qualifying period of employment in completed weeks bears to 52.
(viii) (a) When 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 the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause (v) for the period not taken.
(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.
(ix) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holiday; provided that, if the amount to which the employee would have become entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.
