AN150038 – Clerks (Retail Industry) Award

CLAUSE 7.1 ANNUAL LEAVE
OPDATE 12:03:2004 on and from

7.1.1 Entitlement to annual leave

7.1.1.1 An employee (other than a casual employee) is entitled to 4 weeks annual leave for each completed year of continuous service.

7.1.1.2 Payment must not be made or accepted in lieu of taking annual leave, except in the case of termination of employment.

7.1.2 Annual leave exclusive of public holidays

The annual leave prescribed by this clause is exclusive of the public holidays named in this Award that fall on a Monday to Friday inclusive. If any such holiday falls within an employees period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, the period of leave will be increased by one day for each holiday.

7.1.3 Accrual of annual leave entitlement

7.1.3.1 An employees entitlement to annual leave accrues as follows for each completed year of continuous service:-

7.1.3.1(a)

Full-time employee:

152 hours per annum

7.1.3.1(b)	Part-time employee:	152	x	average weekly ordinary hours over previous	=	hours per annum
		38		12 months)

7.1.3.2 Upon termination of employment, if the period of service is not exactly divisible into complete years, a full-time employee accrues 12 2/3 hours annual leave for each completed month of service in the incomplete year. A part-time employee accrues such annual leave on a pro rata basis.

7.1.4 Time of taking annual leave

7.1.4.1 Annual leave is to be taken at a time or times agreed between the employer and the employee.

7.1.4.2 If an employer and an employee fail to agree on the time (or times) for taking annual leave, or part of it, the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 2 weeks before the period of annual leave is to begin.

7.1.4.3 If an employer determines the time for taking annual leave, the leave must be granted and must begin within 12 months after the entitlement to the leave accrues.

7.1.4.4 The employer must grant annual leave within 12 months after the entitlement to leave accrues if so requested by the employee.

7.1.5 Payment for annual leave

7.1.5.1 Prior to proceeding on annual leave, an employee is entitled to be paid for the period of leave at the ordinary rate of pay applicable to the employee.

7.1.5.2 Upon termination of employment, an employee must be paid for leave accrued in accordance with 7.1.3.2, which has not been taken.

7.1.6 Annual leave loading

7.1.6.1 An employee is also entitled to payment of a loading equivalent to 17.5% of the payment provided for in 7.1.5 at the time that payment is made.

7.1.6.2 Where an employee would have received shift loadings had the employee not been going on leave during the relevant period, and such loadings would have entitled the employee to a greater amount than the loading of 17.5%, then the shift loadings will be substituted for the 17.5% loading prescribed in 7.1.6.1.

7.1.6.3 Annual leave loading payment is payable on leave accrued in accordance with 7.1.3.2.

7.1.6.4 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken.

7.1.7 Shut Down

7.1.7.1 Where an employer requires the business operation, or part of it, to be temporarily shut down the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 1 month before the period of annual leave is to begin.

7.1.7.2 No more than two shut downs can occur in one calendar year.

7.1.7.3 Where:

(a) an employee is unable to attend work because of a shut down; and

(b) that employee has not accrued a full year of entitlement to annual leave,

that employee must be allowed to take pro rata annual leave calculated in accordance with the formula specified in 7.1.3.2.

7.1.7.4 Where an employee is required to take leave in accordance with 7.1.7.1, and the employee does not have a full or pro rata credit of leave, the employee may be stood off without pay during the period of the close-down for any time in excess of the employees leave credit.

7.1.7.5 All time that the employee is stood off without pay for the purposes of 7.1.7.4 is deemed to be time of service in the next 12 monthly qualifying period.