AN120484 – Saddlery, Leather, Canvas and Plastic Material Workers' (State) Award
(a) See Annual Holidays Act 1944.
(b) Public Holidays Excluded -
(i) A period of annual leave shall not include award holidays, observed on working days, but shall include all other non-working days.
(ii) If any award holiday falls within an employee's period of annual leave and is observed on the day, which in the case of that employee would have been an ordinary working day, there shall be added to that period one day, being an ordinary working day for each holiday observed as aforesaid.
(iii) Where an employee without reasonable excuse, proof whereof shall lie upon him/her, is absent from his/her employment on the working day or part of the working day prior to the commencement of his/her annual leave or fails to resume work at his/her ordinary starting time on the working day immediately following the last day of the period of his annual leave, the employee shall not be entitled to payment for the public holidays which fall within his/her period of annual leave.
(c) Notice of Leave to be Given - At least one month's notice shall be given to an employee as to when he/she is to commence his/her leave, except in cases where by mutual agreement between the employer and the employee a lesser period of notice may be permitted.
If at any time notice is withdrawn by an employer the employee, if he/she postpones his/her leave, shall be compensated by the employer for any reasonable out-of-pocket loss occasioned by the withdrawal of the notice. Any dispute under this subclause shall be referred to the Industrial Committee.
(d) Time when Leave is Granted - Annual leave shall be given at a time fixed by the employer within a period not exceeding three months from the date when the right to annual leave accrued and after not less than one week's notice to the employee.
(e) Leave to be Given and Taken - The annual leave provided for by this clause shall be allowed and shall be taken and except as provided in subclause (h) of this clause payments shall not be made or accepted in lieu of annual leave.
(f) The annual leave shall be given and taken in a continuous period, or, if the employee and employer so agree, in two or three separate periods.
(g) Payment for Period of Annual Leave - An employee before going on leave shall be paid the amount of wages he/she would have received in respect of ordinary time he/she would have worked had he/she not been on leave during the relevant period.
Each employee shall have the amount of wages to be received for annual leave calculated as follows:
(i) At the rate applicable to him/her as prescribed by subclauses (a), (d), (e) and (f) of clause 4, Wage Rates, and clause 29, Part-time Employment; and
(ii) At any additional rate to which the employee is otherwise entitled in accordance with his/her contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reason as or is paid in lieu of those payments prescribed in clauses 7, Special Rates, and 12, Overtime, of this award, nor any payment which might have become payable to the employee as reimbursement of expenses incurred.
(iii) In the case of an employee carrying out work under any scheme of payments by results, whether in accordance with clause 28, Payment by Result Schemes, of this award or otherwise, at the rate which is the weekly average of payments made to the employee under such scheme for the period actually worked by him/her during ordinary hours during the last twelve monthly period in respect of which such payments have been calculated prior to the time of going on leave or termination of employment as the case may be; or if he/she has worked under such scheme for a lesser period immediately prior to going on leave, at the rate which is the weekly average of payments made during such lesser period.
(iv) At the rate payable pursuant to clause 8, Mixed Functions, 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.
(h) Annual Leave Loading - During a period of annual leave an employee shall receive a loading of 17.5 per cent calculated on the rate of wage prescribed by paragraph (i) of subclause (g), of this clause. Provided that such loading shall apply only in respect of each completed year of employment.
(j) Disputes - Any disputes as to the rights of an employee to or with respect to annual leave shall be dealt with by the Industrial Committee.
(k) Calculation of Service - Service before the date on which this award comes into force shall be taken into consideration for the purpose of calculating annual leave but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or a payment in lieu thereof has been allowed or made under any award hereby superseded.
