AN120221 – Funeral Industries (State) Award 2005
(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, where by agreement between the employer and the 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 subclause (vi), of this clause.)
(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.
(iv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each such separate period.
(NOTE: See subclause (vi) as to holidays taken wholly or partly in advance.)
(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by Clause 5 - Wages, and Clause 10 - Wages, of this award, for the classification in which the employee was employed immediately before commencing his/her annual holiday together with the leading hand allowance where applicable but shall not include any other allowances, penalty or disability rates, overtime rates or any other payments prescribed by this award.
(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 subclause (v) of this clause applying the award rates payable on the day.
(vii) 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 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 subclause (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 under the Act such proportion of the loading that would have been payable to him 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.
(viii)
(a) where 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 becomes entitled the employee shall be paid a loading calculated in accordance with subclause (v), of this clause, for the period not taken.
(b) except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment.
