AN120058 – Boarding House Staff (Independent Schools) (State) Award 2004
(i) A leave loading equivalent to 17.5 per cent of four weeks' salary shall be paid to an employee, other than a casual employee, who has completed twelve months' continuous service with the employer.
(ii) The loading is the amount payable for the period at the rate of 17.5 per cent of the employee's weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing the annual holiday but shall not include any allowances or any other payments prescribed by this award.
(iii)
(a) No loading is payable to an employee who takes annual holidays wholly or partly in advance; provided that, if the employee continues until the day when they 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 (ii) of this clause applying the award rates of wages payable on that day.
(b) Notwithstanding the provisions of paragraph (a) of this subclause, an employee shall be paid an annual holiday loading where the annual holiday is taken by agreement wholly or partly in advance during the summer pupil vacation period. The employee shall be entitled to the fraction of four weeks holiday loading as is equal to the number of weeks worked by the employee in that school year compared to the number of weeks in the year since the school service date.
(iv)
(a) Where the employment of an employee is terminated by the employer for a cause other than misconduct, and at the time of the 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 (ii) of this clause, for the period not taken.
(b) Except as provided in paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.
