AN140088 – Credit Unions' Administrative and Clerical Officers' Award - State 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 150 hours (4 weeks).

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 this Award, at that excess rate; and

(b) In every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave under this Award.

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 150 hours (4 weeks) and also the employee's pay for any public holiday occurring during such period of 150 hours (4 weeks).

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:

(a) Shift workers - Subject to clause 7.1.3(c), the rate of wage to be paid to a shift worker shall be the rate payable for work in ordinary time according to the employee's roster or projected roster, including Saturday, Sunday or holiday shifts.

(b) Supervisers - Subject to clause 7.1.3(c), supervisory allowances and amounts of a like nature otherwise payable for ordinary time worked shall be included in the wages to be paid to employees during Annual leave.

(c) All employees - Subject to the provisions of clause 7.1.3(d), in no case shall the payment by an employer to an employee be less than the sum of the following amounts:

(i) The employee's ordinary wage rate as described by the Award for the period of the annual leave (excluding shift premiums and weekend penalty rates);

(ii) Supervisory allowance or amounts of a like nature;

(iii) A further amount calculated at the rate of 17 1/2% of the amounts referred to in clauses 7.1.3(c)(i) and 7.1.3(c)(ii).

(d) Clause 7.1.3(c) shall not apply to the following:

(i) Any period or periods of annual leave exceeding 150 hours (4 weeks).

(ii) Employers (and their employees) who are already paying (or receiving) an annual leave bonus, loading or other annual leave payment which is not less favourable to employees.

7.1.4 Unless the employee agrees otherwise, the employer must give the employee at least 14 days notice of the date from which the employee's annual leave will be taken.

7.1.5 Except as hereinbefore provided, it is not lawful for the employer to give, or for the employee to receive, payment in lieu of leave.

7.1.6 An employee on annual leave will be rostered off one day in each 4 week cycle and such rostered day off will be exclusive of any annual leave entitlement.

7.1.7 Annual Shut Down - An employer may close down a plant, or a section or sections thereof for a period of at least 21 consecutive days and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster:

Provided that by agreement with the majority of employees concerned, an employer may close down a plant for a period of at least 14 consecutive days including non-working days and grant the balance of annual leave due to the employee by mutual arrangement.