AN140293 – Tanning Industry Award - State 2004

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 will at the end of each year of employment be entitled to annual leave on full pay as follows:

(a) Not less than 5 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days per week;

(b) Not less than 4 weeks in any other case.

7.1.2 Such annual leave will be exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.7) will 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 Pay at a rate in excess of the ordinary rate 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.

7.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the employer will be deemed to have given the leave to the employee from the date of the termination of the employment and will forthwith pay to the employee in addition to all other amounts due to the employee, their pay, calculated in accordance with clause 7.1.7 for 4 or 5 weeks as the case may be and also their Ordinary Pay for any public holiday occurring during such period of 4 or 5 weeks.

7.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such employee will be paid, in addition to all other amounts due to the employee, an amount equal to 1/9th of their pay for the period of their employment if they are an employee to whom the clause 7.1.2(a) applies, and 1/12th of their pay for the period of their employment if they are an employee to whom clause 7.1.2(b) applies, calculated in accordance with clause 7.1.7.

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

7.1.6 Except as hereinbefore provided it will not be lawful for the employer to give or for an employee to receive payment in lieu of annual leave.

7.1.7 Calculation of annual leave pay: In respect to annual leave entitlements to which clause 7.1 applies, annual leave pay (including any proportionate payments) will be calculated as follows:

(a) Shift workers - Subject to clause 7.1.7 (c), the rate of wage to be paid to a shift worker will 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) Leading Hands, &c.- Subject to paragraph (c) hereof, Leading Hand 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 holidays.

(c) All employees - Subject to clause 7.1.7(d), in no case will 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 (excluding shift premiums and weekend penalty rates);

(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 clause 7.1.7(c)(i) and 7.1.7(c)(ii).

(d) Clause 7.1.7(b) will not apply to the following:

(i) Any period or periods of annual leaves exceeding:

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

- 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.

7.1.8 Close-Down Periods. - An employer may close down their plant or a section or sections thereof for the purpose of allowing a holiday to all or the bulk of the employees in the plant or section or sections concerned, in accordance with the provisions hereunder:-

(a) (i) An employee may, by giving not less than one month's notice of their intention so to do, stand off for the duration of the close-down all employees in the plant or section or sections concerned and allow to each employee who is not then qualified for four full weeks' holiday, paid holiday on a proportionate basis of one-twelfth of their ordinary earnings taken over the period of continuous service computed at their ordinary rate of pay at the time of the close-down period.

(ii) An employee who has then qualified for four full weeks' holiday and has also completed a further period of continuous service shall be allowed their holiday and shall also be paid for one-twelfth of their ordinary earnings in respect of continuous service performed since the close of their last twelve monthly qualifying period, computed at their ordinary rate of pay at the time of the close-down period.

(iii) The next twelve-month qualifying period for each employee affected by such close-down shall commence from the day on which the plant or section or sections concerned is re-opened for work.

(iv) If in the first year of their service with an employer an employee is allowed proportionate annual holiday under paragraph (i) hereof, and subsequently within such year leaves their employment or their employment is terminated by the employer the employee shall be allowed a monetary equivalent proportionate to their period of continuous service subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.

(b) (i) An employer may by giving not less than one month's notice of their intention to do so, close down their plant or a section or sections thereof for a period being not less than five days of an employee's annual holiday entitlement together with the statutory holidays occurring during such period (being holidays for which the employee would be paid but for the occurrence of such close-down) with such holiday and statutory holidays being taken consecutively; such close-down shall commence in the month of December in each year:

Provided that where such a close-down occurs an employer shall have a subsequent close-down period to occur not later than 31 August in the next following year (hereinafter referred to as the second close-down) which shall be of sufficient duration to exhaust the remainder of the period of four weeks annual holiday which was not taken in the first close-down period:

Provided further that in lieu of the second close-down an employer may grant any annual holiday which is due to an employee and which is not taken at the December close-down within the period not later than 31 August in the next following year, and after not less than four weeks' notice to the employee.

(ii) An employee who is employed at the commencement of a close-down period and also resumes their employment upon re-commencement of work after such a close-down period shall be credited with service for annual holiday purposes for the ordinary time occurring within the close-down period.

(iii) Except to the extent that an employee has proportionate leave to their credit at the date of a close-down period such employee shall be stood off without pay during the period of the December and/or second close-downs.

(iv) The next twelve-monthly qualifying period of each employee affected by such close-downs shall commence from the day on which the plant or section or sections concerned is re-opened for work after each December close-down.

(v) If in the first year of their service with an employer, an employee is allowed proportionate annual holiday under this subclause and subsequently within such year leaves their employment or their employment is terminated by the employer such employee shall be allowed a monetary equivalent proportionate to their period of continuous service subject to adjustment for any proportionate holiday which the employee may have been allowed as aforesaid.

(vi) Any employee who terminates their employment or is dismissed for any reason after the December close-down and before any balance of holiday due to them at that date has been granted shall be paid such balance in termination or dismissal.

(vii) Any employer, by agreement with the Union may alter the length of the December and second close-downs prescribed in paragraph (i) hereof, provided that such close-downs together total fifteen working days.