AN120399 – Oyster Farms, &c. (State) Award
(i) In this clause, the Annual Holidays Act 1944 is referred to as “the Act”.
(ii) Before an employee takes their annual holiday, or, where by agreement the annual holiday is taken in more than one separate period, prior to each separate period, the employer shall 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 subclause (vi)).
(iii) The loading is payable in addition to the pay for the period of holiday taken and due to the employee under the Act.
(iv) The loading is to be calculated in relation to any period of annual leave to which the employee becomes entitled, or, where such a holiday is given and taken in separate periods, then in relation to each 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, 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, immediately before commencing annual holidays together with, where applicable, the leading hand allowance prescribed in subclause (ii) of clause 2, Wages, of 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 the employee continues until the day when they 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 of wages payable on that 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 of 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 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 the employee under the Act such proportion of the loading that would have been payable to the employee under this clause if they had become entitled to an annual.
(viii) (a) 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 they became entitled they 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.
