AN120098 – Butter, Cheese & Other Dairy Products (State) Award
17.1 In this clause, the Annual Holidays Act 1944 is referred to as “the Act”.
17.2 Before an employee is given and takes an annual holiday or where, by agreement between the employer and employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer will 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 17.6.)
17.3 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.
17.4 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 leave, or leave and payment pursuant to clause 15.6 and also excluding days added pursuant to clause 15.8 to compensate for public or special holidays falling on an employees rostered day off not worked) and which commences on or after the date of operation of this award, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.
(NOTE : See 17.6 as to holidays taken wholly or partly in advance).
17.5 —
17.5.1 The loading is the amount payable for the period or the separate period, as the case may be, stated in 17.4 at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed pursuant to Clause 7 - Wages and Grades, immediately before commencing an annual holiday, together with, where applicable:
(a) the leading hand allowances pursuant to 8.2; and
(b) the extra rates pursuant to 8.3, 8.4, 8.5, 8.6, 8.7 and 8.8.
17.5.2 When determining the total level of weekly remuneration on which annual leave loading is calculated in accordance with 17.5.1, the following are not included:
(a) the shift allowances prescribed by Clause 9 - Shift Allowances and Shift Workers;
(b) the rate for Saturday and Sunday ordinary work pursuant to Clause 14 - Saturday and Sunday Work; and
(c) any other allowances, penalty rates, overtime rates or any other payment prescribed by this award.
17.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance. However, if the employment of such an employee continues until the day when he/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 17.5, applying the award rates of wages payable on that day.
17.7 Where the employer’s establishment or part of it is temporarily closed down for the purposes of giving an annual holiday or leave without pay to the employees concerned:
17.7.1 An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday will be paid the loading calculated in accordance with 17.5.
17.7.2 An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay will be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.
17.8
17.8.1 When 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 he/she became entitled, he/she will be paid a loading calculated in accordance with 17.5 for the period not taken.
17.8.2 Except as provided by 17.8.1, no loading is payable on the termination of an employee’s employment.
17.9 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on annual holidays. However, if the amount to which the employee would have been entitled by way of allowances pursuant to Clause 9 - Shift Workers, and the rates for Saturday and Sunday shifts pursuant to Clause 14 - Saturday and Sunday Work, for ordinary shifts which he/she would have worked according to shift roster if he/she had not been on annual holiday exceeds the loading calculated in accordance with this clause, then that amount will be paid to the employee in lieu of the loading
