AN120673 – Charitable Institutions (Professional Staff Social Workers)(State) Award
13.1 In this clause the Annual Holidays Act 1944 is referred to as "the Act".
13.2 Before an employee is given and takes her/his 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 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 14.6 of this clause.)
13.3 The loading is payable in addition to the pay for the period of annual holidays given and taken and due to the employee under the Act.
13.4 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 (but excluding days added to compensate for holidays prescribed by clause 15, Public Holidays) or, where such annual holiday is given and taken in separate periods, then in relation to each such separate period.
(NOTE: See subclause 14.6 of this clause as to annual holidays taken wholly or partly in advance.)
13.5 The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause 14.4 of this clause, at the rate per week of 17.5 per cent of the appropriate ordinary weekly rate calculated in accordance with the provisions of clause 4, Salaries, applicable immediately before commencing her/his annual holiday but shall not include any allowances, penalty or disability rates, overtime or other payments prescribed by this award.
13.6 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 she/he 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 subclause 14.5 of this clause, applying the award rates of wages payable on that day.
13.7 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 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 14.5 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 her/him under the Act, such proportion of the loading that would have been payable to her/him under this subclause if she/he had become entitled to an annual holiday prior to the closedown as her/his qualifying period of employment in completed weeks bears to 52.
13.8 (a) When the employee's employment is terminated by her/his employer 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 an annual holiday to which she/he became entitled, she/he shall be paid a loading calculated in accordance with subclause 14.5 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.
