AN140064 – Clerical Award - Hotels, Resorts and Certain Other Licensed Premises - State (South East Queensland) 2002
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
7.1 ANNUAL LEAVE
7.1.1 Every employee (other than a casual employee) covered by this Award is at the end of each year of their employment entitled to annual leave on full pay of 152 hours.
7.1.2 Such annual leave is exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.3) must be paid for by the employer in advance:
(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary wages at a rate in excess of the ordinary wages payable under clause 5.4, at that excess rate; and
(b) In every other case, at the ordinary time rate of pay payable under clause 5.4 to the employee concerned immediately prior to that leave.
If the employment of any employee is terminated at the expiration of a full year of employment, the employer is deemed to have given the leave to the employee from the date of the termination of the employment and must immediately pay to the employee, in addition to all other amounts due to the employee, such employee's pay, calculated in accordance with clause 7.1.3, for 152 hours and also the employee's ordinary time rate of pay for any public holiday occurring during such period of 152 hours.
If the employment of any employee is terminated before the expiration of a full year of employment, such employee is to be paid, in addition to all other amounts due an amount equal to 1/9th of such employee's pay for the period of employment in the case of a shift worker, and 1/12th of such employee's pay for the period of employment in all other cases calculated in accordance with clause 7.1.3.
7.1.3 Calculation of annual leave pay
In respect to annual leave entitlements to which clause 7.1 applies, annual leave pay (including any proportionate payments), shall be calculated as follows:
All employees - In no case shall the payment by an employer to any employee be less than the sum of the following amounts:
The employee's ordinary wage rate as prescribed by clause 5.4 for the period of the annual leave (excluding shift premiums and week-end penalty rates);
A further amount calculated at the rate of 17.5% of the amounts referred to in clause 7.1.3(a)(i):
Provided that the 17.5% shall only apply to the annual leave mentioned herein and shall not apply to any days added to annual leave entitlement as a result of time off in lieu of overtime or work performed on a public holiday.
Annual leave may be taken on a pro rata basis on length of service from either the employee's commencement date or anniversary dates of last annual leave:
Provided that such pro rata annual leave may only be taken following mutual agreement between the employer and the employee.
The employer may request the employee to take any annual leave entitlements owing provided that the employee has accrued in excess of 5 weeks annual leave.
An employer and employee may agree as to the time when and the manner in which the employee's annual leave is to be given and taken.
Unless the employer and employee otherwise agree, an employer may give to an employee notice, which must be of at least 14 days, of the date on and from which the employee's annual leave is to be taken, and the employee is to comply with such notice.
