AN160141 – Gold Mining Consolidated Award 1980
(1) Annual leave shall be taken at the convenience of the management of the mine but employees shall receive one month's notice of the date on which the leave is to commence.
Provided that where the employee would have received shift loadings prescribed by Clause 7. - Shift Work had the employee not been on leave during the relevant period and such loadings would have entitled that employee to a greater amount than the loading of 17.5 per cent, then the shift loadings shall be added to the rate of wages prescribed by paragraph (b)(ii)(aa) hereof in lieu of the 17.5 per cent loading.
Provided further that if the shift loadings would have entitled that employee to a lesser amount than the loading of 17.5 per cent shall be added to the rate of wage prescribed by paragraph (b)(ii)(aa) hereof in lieu of the shift loadings.
The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(d) The provisions of this subclause shall not operate in respect of leave fully due prior to the date of this order, irrespective of the date at which such leave is taken.
(2) (a) Except as hereinafter provided, a period of four consecutive weeks leave with payment as prescribed in paragraph (b) hereof shall be allowed annually to an employee by the employer after a period of twelve months' continuous service with that employer.
(b) (i) An employee before going on leave shall be paid the wages that employee would have received in respect of the ordinary time that employee would have worked had that employee not been on leave during the relevant period.
(ii) Subject to paragraph (c) hereof an employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable:
(aa) The rate applicable to that employee as prescribed by Schedule 1 - Rates of Pay, subclause (4) of Clause 19. - First Aid and Clause 29. - District Allowances and Schedule 2 - District Allowances of this Award.
(bb) Subject to paragraph (c)(ii) hereof the rate prescribed for work in ordinary time by Clause 7. - Shift Work of this Award according to the employee's roster or projected roster including Saturday and Sunday shifts;
(cc) The rate payable pursuant to Clause 14. - Employee Relieving in a Higher Capacity of this Award calculated on a daily basis, which the employee would roster have received for ordinary time during the period of leave whether on a shift or otherwise;
(dd) Any other rate to which the employee is entitled in accordance with the contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by Clause 8. - Overtime, Clause 11. - Wet Places and subclause (2) of Clause 38. - Special Rates of this Award, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.
(c) During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by paragraph (b)(ii)(aa) hereof. The loading shall be as follows:
(i) Day Employees - An employee who would have worked on day work had that employee not been on leave - a loading of 17.5 per cent.
(ii) Shift Employees - An employee who would have worked on shift work had that employee not been on leave - a loading of 17.5 per cent.
(3) After one month's continuous service in any qualifying twelve monthly period an employee whose employment terminates or who has worked less than twelve months shall be paid in the proportion that the number of shifts worked by such employee at the rate of wage prescribed by paragraph (b) of subclause (2) of this clause in that qualifying period bears to the full number of such shifts in that qualifying twelve monthly period.
(4) (a) Continuous shift employees, that is shift employees engaged in a continuous process who are rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the leave prescribed in subclause (2) hereof.
(b) Where an employee with twelve months' continuous service is engaged for part of a qualifying twelve monthly period as a continuous shift employee, such employee shall be entitled to have the period of annual leave to which that employee is otherwise entitled increased by that proportion of the additional week as the number of shifts worked by that employee at ordinary rates bears to the full number of such shifts in the qualifying twelve monthly period.
(5) The amounts to be paid hereunder shall be calculated at the rate prevailing at the time the payment is made.
(6) (a) Where an employee is justifiably dismissed for misconduct during any qualifying twelve monthly period, the provisions of subclause (3) do not apply.
(b) An employee whose employment terminates after that employee 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 receive payment in lieu of that leave at the rate of wage prescribed by paragraph (b) of subclause 2 of this clause.
(7) If any of the holidays prescribed in Clause 12. - Holidays of this Award falls during the 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 the employee shall have one extra day added to the period of annual leave.
(8) An employer may close down its operation or a section or sections thereof for the purposes of allowing annual leave to all or the majority of its employees employed generally or in any such section or sections and in the event of an employee being employed for portion only of a year that employee shall only be entitled to such leave on full pay as is proportionate to that 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 such employee shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay.
(9) This clause shall not apply to casual employees.
(10) By mutual agreement between the employer and the employee, annual leave may be taken in not more than two periods per annum, but neither of such periods shall be less than one week.
Notwithstanding the above, and in special circumstances, provided the employee so requests and the employer so agrees, annual leave may be taken in periods of less than 1 week with a maximum of 5 single day absences, or combination of such 5 single day absences, in any 1 year of service.
(11) Any time in respect of which an employee is absent from work, except time for which that employee 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 that employee's right to annual leave.
(12) (a) An employee who, at the commencement of annual leave, has an entitlement to payment for non-attendance on the ground of personal ill health for not less than forty hours under the provisions of Clause 10. - Payment for Sickness of this Award, and who within fourteen days of resuming work produces to the employer a certificate from a qualified medical practitioner that during that employee's annual leave such employee was confined to home or to a hospital for a period of at least seven consecutive days for a reason which if that employee had not been on annual leave, would have entitled such employee to payment under the provisions of the said clause 10 - Payment for Sickness, shall be deemed to be absent from work through sickness for so much of that period as that employee would otherwise have been entitled to payment under that clause.
(b) An employee to whom paragraph (a) applies shall take the period deemed to be absence through sickness as annual leave at a time convenient to the employer, but on ordinary pay without the loading prescribed in paragraph (b) of subclause (1) of this clause.
