AN160238 – Paint and Varnish Makers' Award No. 22 of 1957
(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 the employer after a period of 12 months' continuous service with such employer.
(2) An employee before going on leave shall be paid the wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on leave during the relevant period.
(3) (a) In addition to his/her payment for annual leave an employee shall receive a loading of 17.5 percent calculated on his/her ordinary rate of wage as prescribed.
(b) The loading prescribed by this clause shall not apply to proportionate leave on termination.
(4) If any award holiday falls within an 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, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.
(5) Any time in respect of which an employee is absent from work, except time for which he/she is entitled to claim sick pay, or time spent on holidays, annual leave or long service leave as prescribed by this award shall not count for the purpose of determining his/her right to annual leave.
(6) If, after one month's continuous service in any qualifying 12 monthly period an employee lawfully leaves his/her employment or his/her employment is terminated by the employer through no fault of the employee, the employee shall -
(a) if such termination occurs before 1st December, 1986 be paid 3.08 hours pay at the rate of wage prescribed by subclause (1) of this clause, divided by forty, in respect of each completed week of continuous service; or
(b) if termination occurs on or after 1st December, 1986 be paid 2.923 hours pay at the rate of wage prescribed by subclause (1) of this clause, divided by thirty eight, in respect of each completed week of continuous service.
(7) In the event of an employee being employed by an employer for portion only of a year, he/she shall only be entitled subject to subclause (6) of this clause to such leave on full pay as is proportionate with such employer, and if such leave is not equal to the leave given to the other employees he/she shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay.
(8) An employee whose employment terminates after he has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this clause in respect of that 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 (9) of this clause applies, in lieu of so much of that leave as has not been allowed unless:
(a) he has been justifiably dismissed for misconduct, and
(b) the misconduct for which he/she has been dismissed occurred prior to the completion of that qualifying period.
(9) In special circumstances and by mutual consent of the employer, the employee and the Union concerned, annual leave may be taken in not more than two periods.
(10) Notwithstanding anything else herein contained an employer who observes a Christmas closedown for the purpose of granting annual leave may require an employee to take his/her annual leave in not more than two periods but neither of such periods shall be less than one week.
(11) The provisions of this clause do not apply to casual employees.
(12) An employer may specify a reasonable period during which annual leave may not be taken to meet production requirements at the workplace concerned.
(13) An employer may require an employee to take annual leave within twelve months of such leave falling due.
