AN120505 – Social and Community Services Employees (State) Award
39.1 In this clause the Annual Holidays Act 1944 is referred to as "the Act".
39.2 Before an employee takes their annual leave they shall be paid the following in addition to their normal weekly pay (exclusive of shift penalties) for the period of annual leave taken:
Either:
(a) a loading of 17.5% of their normal weekly pay (exclusive of shift penalties) or
(b) the shift penalties pursuant to Clause 15 - Shift Work that the employee would have received for the period of leave taken had the employee not been on leave, whichever is the greater amount.
39.3 The loading is payable in addition to the pay for the period of leave given and taken and due to the employee under the Act and this Award.
39.4 No loading is payable to an employee who takes annual leave wholly or partly in advance. Where an employee continues in employment until the day when they would have been entitled under the Act to annual leave then the loading calculated in accordance with 39.2 becomes payable for such leave taken wholly or partly in advance.
39.5 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 a loading as calculated in 39.2 will be paid to employees entitled to leave under the Act. Employees not entitled to leave under the Act shall be paid a proportion of the loading based on the period of completed weeks service prior to the close down divided by 52.
39.6 Where the employment of an employee is terminated for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of any annual leave to which they are entitled they shall be paid a loading calculated in accordance with 39.2 for such leave.
39.7 No loading is payable on the termination of an employee’s employment except as provided for in 39.6.
