AN120130 – Clerical and Administrative Employees in Temporary Employment Services (State) Award
(i) Hourly Temporary Employees — The rates of pay for hourly temporary employees set out in Table 1 — Rates of Pay, of Part B, Monetary Rates, includes an amount to compensate for annual leave.
This amount is calculated on the basis of one-twelfth of the rate of pay set out in paragraph (a) of subclauses (iii) and (iv) of clause 9, Classification Structure and Wages, and is payable in accordance with clause 11, Payment of Wages.
(ii) Weekly and Part-time Temporary Employees —
(a) Weekly and part-time temporary employees shall be paid an additional 9 percent of their weekly gross ordinary pay. This amount shall be in lieu of payment for annual leave.
(b) Weekly and part-time temporary employees with service of 12 months or more shall be entitled to take four week’s annual leave. Provided that such employee's entitlement to pay for any leave shall have been satisfied in advance by the employer making the additional payment set out in paragraph (a) of this subclause.
(iii) Weekly and Part-time Temporary Employees (Seven-day Shift Workers Only) —
(a) In addition to the provisions of subclause (ii) of this clause, after each year of continuous service, seven day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays shall be allowed one week’s additional leave; provided that if during the year of employment an employee has served for only a portion of it as a seven-day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven-day shift worker. In this subclause, reference to one week and one day shall include holidays and non-working days.
(b) The one week’s leave referred to in paragraph (a) shall be paid at the employee’s ordinary time rate of pay plus a loading.
(c) The loading payable to an employee shall be whichever is the greater amount of:
(1) 17½ per cent of the appropriate ordinary time rate of pay prescribed by this award for the classification in which the employee was employed immediately prior to commencing leave together with, where applicable, the additional loadings and the additional sums prescribed by subclause (iii) of clause 9, Classification Structure and Wages, but shall not include an amount prescribed for Saturday loadings or any other allowances, overtime or any other payments prescribed by this award; or
(2) any 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 received during the period of the leave.
(d) 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 was entitled to the one week’s leave the employee shall be paid the loading referred to in paragraph (c) of this subclause.
(iv) Continuity of Service — Notwithstanding the other provisions of this clause, continuity of service shall not be deemed to have been broken by any absence less than four ordinary working days between assignments in the case of weekly temporary, part-time temporary or hourly temporary employees.
(v) Savings — Any existing entitlement of employees engaged as at 26 July 1994 to an extra four weeks leave remains, but no further such entitlements accrue after 26 July 1994.
