AN140196 – Off-Shore Island Resorts Award - State 2005

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 shall, at the end of each year of their employment, be entitled to annual leave on full pay of 4 weeks' duration.

7.1.2 Such annual leave shall be paid for by the employer in advance (subject to clause 7.1.5).

(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary pay at a rate in excess of the ordinary rate payable under this Award, at that excess rate;

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

7.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given the leave to the employee from the date of the termination of the employment and shall forthwith pay to the employee in addition to all other amounts due, such pay calculated in accordance with the clause 7.1.5, for the outstanding leave balance.

7.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid in addition to all other amounts due to them, an amount equal to 1/12th of the pay for the period of employment calculated in accordance with clause 7.1.6.

Reasonable notice of the commencement of annual leave shall be given to the employee.

7.1.5 Calculation of annual leave pay

In respect to annual leave entitlements to which clause 7.1.5 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

(a) All employees

Subject to the clause 7.1.5(b), 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 prescribed by the Award for the period of the annual leave;

(ii) leading hand allowance or amounts of a like nature;

(iii) a further amount calculated at the rate of 17.5% of the amounts referred to in clauses 7.1.5(a)(i) and (ii).

(b) Clause 7.1.5(a) shall not apply to the following:

(i) Any periods of annual leave exceeding:

(A) 5 weeks in the case of employees employed in a calling where 3 shifts per day are worked over a period of 7 days per week; or

(B) 4 weeks in any other case.

(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.