AN120192 – Electricians &c. (State) Award
24.1 Day Worker
24.1.1 Annual Leave Entitlements — For annual leave entitlement provisions, see Annual Holidays Act 1944.
24.1.2 Leisure Day in relation to Annual Leave — For each 4-week period which accrues or falls due to an employee, pursuant to the provisions of the Annual Holidays Act 1944, and:
where the employee's ordinary hours of work are arranged in accordance with an average weekly hours system as prescribed by paragraph 17.6.2 Average Weekly Hours Systems, of subclause 17.6 Systems of Ordinary Hours of Work, of clause 17, Hours of Work - Day Workers, of this award; and irrespective of whether the employee has his/her annual holiday in either one consecutive period or 2, 3 or 4 separate periods; then only one such period shall include a leisure day. An employee's leisure days are not holidays or special award holidays for the purpose of this award.
24.2 Shift Workers — In addition to the benefits prescribed by the Annual Holidays Act, 1944, shift workers shall be granted the following:
24.2.1 Payment for Period of Annual Leave - An employee before going on annual leave shall be paid the wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on leave during the relevant period. An employee shall have the amount of wages to be received for annual leave calculated by including the following where applicable:
(1) his/her "ordinary pay" as prescribed by the Annual Holidays Act 1944; and
(2) the rate payable pursuant to subclause 8.5 of clause 8, Wage Rates, of the said award, calculated on a daily basis, which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.
24.2.2 Seven-day Shift Workers — A seven-day shift worker is an employee whose ordinary working period includes holidays and Sundays on which he/she may be regularly rostered for work.
In addition to the benefits prescribed by section 3 of the Annual Holidays Act 1944, with regard to an annual holiday an employee who, during the year of his/her employment with respect to which he/she becomes entitled to the said annual holiday gives service as a seven-day shift worker, under this award shall be entitled to the additional leave as specified below.
(1) If during the year of his/her employment he/she has served continuously as a seven-day shift worker the additional leave with respect to that year shall be one week.
(2) Subject to subparagraph (4) of this paragraph if during the year of his/her employment he/she has served for only 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.
(3) Subject to subparagraph (4) of this paragraph, the employee shall be paid for such additional leave in accordance with the provisions prescribed by paragraph 24.2.1 of this subclause.
(4) Where the additional leave calculated under this subclause is or includes a fraction of a day such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.
(5) In this clause reference to "one week" and "one day" includes holidays and non-working days.
24.3 Payment on Termination of Employment — Where the employment of a worker has been terminated and he/she thereby becomes entitled under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday, payment of 3 1/2 hours at such ordinary rate of wages shall be made with respect to each 21 shifts of service as a seven-day shift worker which he/she had rendered during such period of employment.
24.4 Annual Holidays Loading
24.4.1 In this subclause the Annual Holidays Act 1944, is referred to as "the Act".
24.4.2 Before an employee is given and takes his/her 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 shall pay his/her employee a loading determined in accordance with this subclause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see paragraph 24.4.6 of this subclause:)
24.4.3 The loading is payable in addition to the pay for the period of annual holiday given and taken and due to the employee under the Act and this award.
24.4.4 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 days added to compensate for holidays (prescribed by clause 20, Holiday and Sunday Work, of this award) worked or such holidays falling on an employee's rostered day off and not worked) and where such annual holiday is given and taken in separate periods, then in relation to each such separate period.
24.4.5 The loading is the amount payable for the period or the separate period, as the case may be, stated in paragraph 24.4.2 of this subclause at the rate per week of 17 1/2 per cent of the appropriate ordinary weekly wage rate calculated in accordance with the provisions of subclause 8.1 of clause 8, Wage Rates, for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include any other allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.
24.4.6 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 annual holiday and is to be calculated in accordance with paragraph (f) of this subclause applying the award rates of wages payable on that day.
24.4.7 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 employee concerned
(1) an employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with paragraph 24.4.5 of this subclause:
(2) 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 under the Act such proportion of the loading that would have been payable to him under this subclause 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.
24.4.8
24.4.8.1 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 paragraph 24.4.5 of this subclause for the period not taken.
24.4.8.2 Except as provided by subparagraph 24.4.8.1 of this paragraph no loading is payable on the termination of an employee's employment.
24.4.9 Notwithstanding the provisions of paragraph 24.4.5 of this subclause 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 such annual holiday, shall be paid whichever is the greater of either the said annual holidays loading or the shift work allowances and weekend penalty rates, where applicable, for the ordinary time (not including time on a holiday prescribed by clause 20, Holiday and Sunday Work, which he/she would have worked during the period of the annual holiday.
