AN160080 – Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947
(1) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordinary wage shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with such employer.
(2) (a) During a period of annual leave a worker shall be paid a loading of 17 1/2 per cent calculated on his ordinary rate of wage.
(b) The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(c) A worker in receipt of a weekly wage prescribed by this award for the classification of "Clerical Officer Grade 3 Year 1" with the addition of twenty per centum may be employed on the basis that the annual leave loading prescribed in paragraph (a) hereof may be calculated on a rate other than his ordinary rate provided that such rate is not less than the Senior Clerk's rate.
This paragraph only applies to a worker who has signed a statement in his own handwriting to this effect at the time of his engagement or to a worker employed on this basis prior to 30th April 1981.
(3) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day, being an ordinary working day, for each such holiday observed as aforesaid.
(4) (a) If after one month's continuous service in any qualifying twelve monthly period a worker lawfully leaves his employment, or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one thirteenth of a week's pay at his ordinary rate of wage in respect of each completed week of continuous service.
(b) In addition to any payment to which he may be entitled under paragraph (a) hereof, a worker whose employment terminates after he has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave or, in a case to which subclause (10) of this clause applies, in lieu of so much of that leave as has not been allowed, unless -
(i) he has been justifiably dismissed for misconduct; and
(ii) the misconduct for which he has been dismissed occurred prior to the completion of that qualifying period.
(5) Any time in respect of which a worker is absent from work, except time for which he is entitled to claim sick pay, or time spent on holidays or annual leave as prescribed by this award, shall not count for the purpose of determining his right to annual leave.
(6) With the mutual consent of the employer and the employee, annual leave may be taken in more than one period, provided that one of those periods is not less than two weeks.
(7) Every worker shall be given and shall take annual leave within nine months after the date it falls due.
(8) No worker 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 worker. In the event of disagreement on any proposed alteration to annual leave arrangements once they are made by an employer and worker the matter shall be determined by a Board of Reference.
(9) The provisions of this clause shall not apply to casual workers.
(10) Notwithstanding anything else herein contained an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week.
