AN160222 – Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980
(1) Except as hereinafter provided a period of four consecutive weeks’ leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by their employer and shall be taken annually by the employee after a period of twelve months’ continuous service with that employer.
(2) (a) An entitlement accrues on a full-time weekly basis at the rate of 2.923 hours for each completed week of service.
(b) Where an employee, other than a casual employee, works irregular hours or variable roster patterns, entitlement to annual leave shall be calculated by averaging the ordinary hours worked by the employee in the 52 weeks immediately before the leave is taken.
(c) Payment of annual leave shall be at the rate the employee would have received as his or her payment under this award for ordinary hours at the time the leave is taken.
(3) During a period of annual leave an employee shall receive a loading of 17½ per cent calculated on their ordinary rate of wage. Provided that where the employee would have received any additional rates for work performed in ordinary hours, as prescribed by this award, had the employee not been on leave during the relevant period and such additional rates would have entitled him to a greater amount than the loading of 17½ per cent, then such additional rates shall be added to their ordinary rate of wage in lieu of the 17½ per cent loading. Provided further, that if the additional rates would have entitled him to a lesser amount than the loading of 17½ per cent, then such loading of 17½ per cent shall be added to their ordinary rate of wage in lieu of the additional rates. The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(4) Any time in respect of which an employee is absent from work, shall not count for the purpose of determining their right to annual leave, unless it is an absence during which the employee is entitled to claim sick pay or time spent on holidays and annual leave as prescribed by this award.
(5) (a) For the purposes of this clause service shall be deemed to be continuous notwithstanding any absence from work referred to in subclause (4) of this clause.
(b) An absence from duty, except as provided in subclause (4) of this clause, shall not be taken into account in calculating the period of twelve months’; continuous service.
(6) (a) In addition to any payment to which an employee may be entitled under paragraph (b) of this subclause, an employee whose employment terminates after the employee has completed a twelve monthly qualifying period, shall be given payment as prescribed in subclauses (2) and (3) of this clause in lieu of that leave or, in a case to which subclause (8) of this clause applies, in lieu of so much of that leave as has not been allowed unless:
(i) the employee has been justifiably dismissed for misconduct; and
(ii) the misconduct for which the employee has been dismissed occurred prior to the completion of that qualifying period.
(b) If after one weeks’ continuous service in any 12 monthly qualifying period, an employee lawfully leaves their employment in accordance with subclause (2) (b) (i) of Clause 7. - Contract of Service of this award, or the employee’s employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.923 hours for each completed week of service.
(7) (a) The time of taking an entitlement to paid leave pursuant to this clause shall be arranged between the employer and the employee as soon as practicable after 12 months service.
(b) Where no such arrangement is made AND more than 18 months has passed since the commencement of employment, the employer must not unreasonably refuse an employee’s request to take leave, provided that at least 2 weeks’ notice is provided by the employee.
(8) With the consent of the employer and the employee, annual leave may be taken in more than one period provided that one of these periods shall be not less than two weeks.
(9) By arrangement between the employer and the employee annual leave may be allowed to accumulate from year to year but where the leave to which an employee is entitled or any portion thereof is allowed to accumulate to meet the convenience of the employee the ordinary wage for that leave shall be the ordinary wage applicable to the employee at the date at which the employee became entitled to the leave unless the employer agrees in writing that the wage be that applicable at the date the leave commences.
(10) The provisions of this clause shall not apply to casual employees.
