AN150130 – Retail Industry (South Australia) Award

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

CLAUSE 7.1 ANNUAL LEAVE
OPDATE 15:03:2006 1st pp on or after

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 (less the period of annual leave).

7.1.1.2 Service before the date of this Award shall be taken into consideration for the purpose of calculating annual leave.

7.1.1.3 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. If any such holiday falls within any employee’s period of annual leave and if it 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 employee’s 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 per
		38	hours over previous 12 months	annum

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.

7.1.3.3 For the purposes of 7.1.3, a part-time employee includes an employee who has been employed for part of the year as a full-time employee and for part of the year as a part-time employee.

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. Notwithstanding the provisions of this clause and without the intention of disrupting continuous period(s) of annual leave, by agreement between the employer and employee, a full-time employee may take annual leave in single day periods not exceeding 10 days in any calendar year for the purposes of personal leave to care for a family member as set out in 7.2.

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 4 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:

(a) must be granted; and

(b) must begin within 12 months after the entitlement to the leave accrues.

7.1.4.4 If the employer requires the employee to take leave then that leave must not be spread over more than two periods, neither of which shall be less than one week, unless otherwise agreed.

7.1.4.5 To assist employees in balancing their work and family responsibilities, an employee may elect with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of the entitlement.

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.

7.1.5.2 An employee will be paid annual leave based on the rates contained in the Schedule under which the employee is paid for ordinary hours of work.

7.1.5.3 Upon termination of employment an employee must be paid for leave accrued in accordance with clause 7.1.3 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 clause 7.1.5 at the time that payment is made.

7.1.6.2 Where an employee’s ordinary weekly wage is greater than the appropriate weekly wage prescribed by this Award plus the loading prescribed in clause 7.1.6.1, then the employer need not pay the annual leave loading.

7.1.6.3 Annual leave loading payment is payable on leave accrued in accordance with clause 7.1.3.2 and on leave accrued in accordance with clause 7.1.7.

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 Casual and temporary employees

7.1.7.1 A casual employee temporarily transferred to full-time or part-time duties or an employee temporarily engaged on full-time or part-time duties for a period of less than one month accrues an entitlement to annual leave for each completed week of service.

7.1.7.2 A full-time employee employed on this basis will accrue 2.92 hours for each completed week.

7.1.7.3 A part-time employee employed on this basis will accrue annual leave according to the following formula:

average number of hours
worked during period of temporary employment	x	2.92	x	Number of completed weeks
38

7.1.8 Shut down

7.1.8.1 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 2 months before the period of annual leave is to begin.

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

7.1.8.3 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.

7.1.8.4 Where an employee is required to take leave in accordance with 7.1.8.1, 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 shut down for any time in excess of the employee’s leave credit.

7.1.8.5 All time that the employee is stood off without pay for the purposes of 7.1.8.4 is deemed to be time of service in the next 12 monthly qualifying period.