AN160142 – Gold Mining Engineering and Maintenance Award
11. - ANNUAL LEAVE AND HOLIDAYS
(1) Annual leave shall be taken at the convenience of the management of the mine; workers to receive one month's notice of the date on which the leave is to commence; a committee of three to be appointed to each mine to assist the management in the arrangement of a suitable roster.
(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 a worker by his employer after a period of twelve months' continuous service with that employer.
(b) (i) A worker before going on leave shall be paid the wages he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period.
(ii) Subject to paragraph (c) hereof a worker 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 him/her as prescribed by Clause 5. - Classification Structure and Rates of Pay, subclause (10) of Clause 19. - Special Rates and Provisions and Schedule I - District Allowances, of the award; and
(bb) Subject to paragraph (c)(ii) hereof the rate prescribed for work in ordinary time by clause 9 - Continuous Shift Workers and clause 14 - Shifts, of the award according to the workers' roster or projected roster including Saturday and Sunday shifts;
(cc) The rate payable pursuant to clause 19 - Higher Duties, calculated on a daily basis, which the worker would have received for ordinary time during the relevant period whether on a shift roster or otherwise;
(dd) Any other rate to which the worker is entitled in accordance with his 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 20 - Special Rates and Provisions (excepting subclause (c)), of this award, nor any payment which might have become payable to the worker as reimbursement for expenses incurred.
(c) During a period of annual leave a worker 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 workers - A worker who would have worked on day work had he not been on leave - a loading of 17 1/2%.
(ii) Shift workers - a worker who would have worked on shift work had he not been on leave - a loading of 17 1/2%.
Provided that where the worker would have received shift loading prescribed by clause 9 - Continuous Shift Workers, and clause 14 - Shifts, had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17 1/2%, then the shift loadings shall be added to the rate of wage prescribed by paragraph (b)(ii)(aa) hereof in lieu of the 17 1/2%loading.
Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 17 1/2% then such loading of 17 1/2% 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 1st August, 1973, irrespective of the date at which such leave is taken.
(3) If after one month's continuous service in any qualifying twelve monthly period a worker whose employment terminates and who has worked less than 236 shifts at ordinary rates of pay, shall be paid in the proportion that the number of shifts worked by him at ordinary rates in that qualifying period bears to 236 shifts at ordinary rates of pay in that qualifying twelve monthly period.
(4) (a) Continuous shift workers, that is shift workers 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 a worker with twelve months' continuous service is engaged for part of a qualifying twelve monthly period as a continuous shift worker, he shall be entitled to have the period of annual leave towhich he is otherwise entitled increased by that proportion of the additional week as the number of shifts worked by him at ordinary rates bears to the full number of such shifts in the qualifying twelve month period.
(5) The amounts to be paid hereunder shall be calculated at the rate prevailing at the time the payment is made.
(6) Where a worker is justifiably dismissed for misconduct he will not be entitled to the benefits of this clause.
(7) 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 one week with a maximum of five single day absences, or combination of such five single day absences, in any one year of service.
(8) An employer may close down his operation or a section or sections thereof for the purposes of allowing annual leave to all or the majority of his workers employed generally or in any such section or sections and in the event of a worker being employed for portion only of a year he shall only be entitled to such leave on full pay as is proportionate to his length of service during that period with such employer and if such leave is not equal to the leave given other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.
(9) This clause shall not apply to casual workers.
(10) The following days or the days observed in lieu shall be allowed as holidays without deduction of pay namely, New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. When any of the days mentioned in this subclause falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or on a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. Provided that any employee who does not present himself for work (if required) on the working day following any of the abovementioned holidays shall not be entitled to be paid for such holidays unless he produces proof satisfactory to the employer that he was prevented by sickness from presenting himself for work on any such day and that such sickness was not due to intemperance or misconduct.
(11) If any of the holidays prescribed in subclause (10) falls during 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, the worker shall be paid one extra day at ordinary rates for that day or, at his option, have one day on full pay added to that period for each such holiday.
