AN120684 – Plumbers and Gasfitters (State) Consolidated Award
(i) Before an employee is given and takes his annual holiday or, where by agreement between the employer and employees 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 (v) of this clause.)
(ii) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Annual Holidays Act 1944.
(iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.
(Note: ee subclause (v) of this clause as to holidays taken wholly or partly in advance.)
(iv) The loading is the amount payable for the period or the separate period, as the case may be stated in subclause (iii) of this clause 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 day labour classification immediately prior to the employee commencing his/her annual holiday together with the following award allowances where applicable, namely clause 7, Additional Wage Rates, leading hand allowances, tool allowance, industry allowance, special allowance, travelling allowance, and allowance for "follow the job", but shall not include any allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.
(v) 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 would have become entitled under the Annual Holidays Act 1944, or this award 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 (iv) of this clause, applying the award rates of wages payable on that day.
(vi) Where, in accordance with the Annual Holidays Act 1944, or clause 34, Annual Holidays, 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 Annual Holidays Act 1944, and this award to an annual holiday and who is given and takes a holiday shall be paid the loading, calculated in accordance with subclause (iv) of this clause;
(b) An employee who is not entitled under the Annual Holidays Act 1944, or this award, 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 this award such proportion of the loading that would have been payable to him /her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.
(vii) (a) When the employment of an employee is terminated by his/her employer, for a cause other than misconduct (proof of which shall lie upon the employer) 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 became entitled he/she shall be paid a loading calculated in accordance with subclause (v) of this clause for the period not taken.
(b) Where an employee is not entitled to an annual holiday and his/her employment is terminated by the employer for any reason other than misconduct (proof of which shall be upon the employer) or by the employee for any reason, the employee shall be paid in addition to the amount payable to him/her under the Annual Holidays Act 1944, or clause 34, Annual Holidays, an amount of 17.5 per cent of one twelfth of such earnings.
