AN160068 – Clerks (Unions and Labor Movement) Award 2004
(1) Except as hereinafter provided an employee, other than a casual employee, is entitled to 152 hours annual leave with payment at his or her ordinary rate of pay after a period of twelve months’ continuous service with an employer.
(2) All entitlements to annual leave accrue pro rata on a weekly basis.
(3) (a) During a period of annual leave an employee shall be paid a loading of 17 ½ per cent calculated on his/her ordinary rate of wage.
(b) The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(c) By written agreement between the employer and an employee, the loading may be included as a component in the employee’s salary.
(4) If any award holiday falls within an employee’s period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, that day shall be added to the employee’s annual leave entitlement.
(5) (a) If after one week’s continuous service in any qualifying twelve monthly period an employee lawfully leaves his/her employment, or the employment is terminated by the employer through no fault of the employee, that employee shall be paid one thirteenth of a week’s pay at his/her ordinary rate of wage in respect of each completed week of continuous service.
(b) If an employee leaves his/her employment or that employment is terminated by the employer, the employee is entitled to be paid for any untaken leave that relates to a completed year of service, except if the employee has been dismissed for misconduct, the employee is not entitled to be paid for any untaken leave that relates to the year of service during which the misconduct occurred.
(6) Any time in respect of which an employee is absent from work, except time for which he is entitled to paid leave as prescribed by this award, shall not count for the purpose of determining his/her right to annual leave.
(7) Where an employer and employee have not agreed when the employee is to take annual leave, the employer is not to refuse the employee taking, at any time suitable to the employee, any period of annual leave which accrued more than 12 months before that time.
(8) No employee shall be required to proceed on annual leave unless at least two weeks’ prior notice is given. The employer shall, as far as practicable, arrange to grant annual leave to suit the convenience of the employee. In the event of disagreement on any proposed alteration to annual leave arrangements once they are made by an employer and employee the matter shall be dealt with in accordance with the dispute resolution procedure.
(9) (a) At the request of an employee, and with the consent of the employer, annual leave prescribed by this clause may be given and taken before the completion of 12 months continuous service as prescribed by subclause (1) of this clause.
(b) If the service of an employee terminates and the employee has taken a period of leave in accordance with this subclause and if the period of leave so taken exceeds that which would become due pursuant to subclause (4) of this clause, the employee shall be liable to pay the amount representing the difference between the amount received by him/her for the period of leave taken in accordance with this subclause and the amount which would have accrued in accordance with subclause (4) of this clause. The employer may deduct this amount from monies due to the employee by reason of the other provisions of this Award at the time of termination.
(c) The annual leave loading provided by subclause (3)(a) of this clause, shall not be payable when annual leave is taken in advance pursuant to the provisions of this subclause. The loading not paid, for the period of leave taken in advance, shall be payable to the employee at the end of the first pay period following the employee completing the qualifying period of continuous service provided in subclause (1) of this clause.
(10) Notwithstanding anything else herein contained an employer who observes a Christmas close-down for the purpose of granting annual leave may require an employee to take annual leave in not more than two periods but neither of such periods shall be less than one week.
(11) In the event of an employee being employed by an employer for portion only of a year he/she shall only be entitled subject to subclause (4) of this clause, to such leave on full pay as is proportionate to the employee’s length of service during that period with such employer and, if such leave is not equal to the leave given to the other employees, he/she shall not be entitled to work or pay whilst the other employees are on leave on full pay.
(12) In the event of the death of an employee the cash equivalent of all annual leave due at the time of death shall be paid to the employee’s estate.
