AN120149 – Commercial Travellers, &C., (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 his/her annual holiday, or when 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 shall pay his/her 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 sub-clause (vi)).
(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 an employee becomes or has become entitled where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See sub-clause (vi) as to the holidays taken wholly or partly in advance).
(v) The loading is an amount payable for the period or the separate period, as the case may be, stated in sub-clause (iv) at the rate per week of 17 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday.
(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/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 sub-clause (v) of this clause applying the award rates of wages payable on that day. This sub-clause applies where an annual holiday has been taken wholly or partly in advance and the entitlement to the holiday arises after that date.
(vii) Where in accordance with the Act an 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 sub-clause (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 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 closedown as his/her qualifying period of employment in completed weeks bears to 52.
(viii) (a) When the employment of an employee is terminated by his/her 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 shall be paid a loading calculated in accordance with sub-clause (v) for the period not taken.
(b) Except as provided by paragraph (a) of this sub-clause no loading is payable on the termination of an employee's employment.
