AN160214 – Mineral Sands Mining and Processing Industry Award 1981
(1) (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 his employer after a period of twelve months' continuous service with such employer.
(aa) With respect to a period of twelve months' continuous service which is completed before the 1st day of December, 1980 an employee shall be allowed four consecutive weeks' leave with payment of ordinary wages as prescribed.
(b) (i) An employee 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, 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 him as prescribed by clause 27. - Wage Rates;
(bb) subject to paragraph (c)(ii) hereof, the rate prescribed for work in ordinary time by clause 10. - Shift Work, clause 11. - Saturday Work and clause 12. - Sunday and Holiday Work, of the award according to the employee's roster or projected roster including Saturday and Sunday shifts;
(cc) the rate payable pursuant to clause 7. - Higher Duties, calculated on a daily basis which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise;
(dd) any other rate to which the employee is entitled to 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 in lieu of those payments prescribed by clause 9. - Overtime, clause 19. - Travelling Allowances, of this award, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.
(c) In addition to the payment prescribed in paragraph (b) hereof, an employee shall receive a loading calculated on the rate of wage prescribed by paragraph. The loading shall be as follows:
(i) Day Workers - an employee who would have worked on day work had he not been on leave - a loading of 17.5 per cent.
(ii) Shift Workers - an employee who would have worked on shift work had he not been on leave - a loading of 17.5 per cent.
Provided that where the employee would have received shift loadings prescribed by clause 10 - Shift Work, clause 11. - Saturday Work, and clause 12. - Sunday and Holiday Work, and if applicable payment for work on a regularly rostered sixth shift in not more than one week in any four weeks, 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 17.5 per cent, then the shift loadings shall be added to the rate of wage prescribed by paragraph (b)(ii)(aa) of subclause (1) of this clause, in lieu of the 17.5 per cent loading.
Provided further, that if the shift loadings would have entitled him to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wage prescribed by paragraph (b)(ii)(aa) of subclause (1) of this clause, in lieu of the shift loadings.
The loading prescribed by this paragraph 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) After one month's continuous service in any qualifying twelve monthly period, an employee whose employment terminates and who has worked less than 12 months, shall be paid in the proportion that the number of shifts worked by him at the rate prescribed in paragraph (b) of subclause (1) of this clause in that qualifying period, bears to the full number of such shifts in that qualifying twelve monthly period as prescribed in paragraph (aa) of subclause (1) hereof.
(3) (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 (1) 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, he shall be entitled to have the period of annual leave which he is otherwise entitled under this clause 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 monthly period as prescribed in paragraph (aa) of subclause (1) hereof.
(4) The amounts to be paid hereunder shall be calcualted at the rate prevailing at the time the payment is made.
(5) Where an employee is justifiably dismissed for misconduct during any qualifying twelve monthly period, the provisions of subclause (2) do not apply.
(6) An employee whose employment terminates after he has completed a twelve monthly 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 (1) of this clause.
(7) If any of the holidays prescribed in clause 15. - Holidays, of this award, fall 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) (a) An employee who, at the commencement of his annual leave, has an entitlement to payment for non-attendance on the ground of personal ill health for not not less than forty hours under the provisions of clause 17. - Absence Through 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 his annual leave he was confined to his home or to a hospital for a period of at least seven consecutive days for a reason which if he had not been on annual leave, would have entitled him to payment under the provisions of the said clause 17. - Absence Through Sickness, shall be deemed to be absent from work through sickness for so much of that period as he 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.
(9) An employer may close down his operation or section or sections thereof for the purpose of allowing annual leave to all or the majority of his employers employed generally or in any such section or sections, and in the event of an employee 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 to the other employees, he shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay.
(10) In special circumstances, and by mutual consent of the employer, the employee and the union, annual leave may be taken in not more than two periods, but neither period shall be less than one week.
(11) This clause shall not apply to casual employees.
(12) Liberty is reserved to the applicant to apply to vary the provisions of this clause at any time.
