AN160331 – Watchmakers' and Jewellers' Award 1970
12. - HOLIDAYS AND ANNUAL LEAVE
(1) The following days or the days observed in lieu shall, subject to Clause 6. - Overtime of this award be allowed as holidays without deduction of pay, namely - New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, State Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in the subclause.
(2) Where -
(a) a day is proclaimed as a whole public holiday or a half public holiday under section 7 of the Public and Bank Holidays Act, 1972; and
(b) that proclamation does not apply throughout the State or to the metropolitan area of the State, that day shall be a whole holiday or, as the case may be, a half holiday for the purposes of this award within the district or locality specified in the proclamation.
(3) When any of the days mentioned in subclause (1) hereof 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 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.
(4) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his/her employer after a period of twelve months' continuous service with such employer.
(5) A worker 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.
(6) (a) In addition to his/her payment for annual leave a worker shall receive a loading of 17.5 percent calculated on his/her ordinary rate of wage. Provided that where the worker would have received any additional rates for the work performed in ordinary hours, as prescribed by this award, had he/she not been on leave during the relevant period and such additional rates would have entitled him/her to a greater amount than the loading of 17.5 percent, then such additional rates shall be added to his/her ordinary wage in lieu of the 17.5 percent loading. Provided further, that if the additional rates would have entitled him/her to a lesser amount than the loading of 17.5 percent, then such loading of 17.5 percent shall be added to his/her ordinary rate of wage in lieu of the additional rates.
(b) The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(7) If any award holiday falls within 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, there shall be added to that period one day being an ordinary day for each such holiday observed as aforesaid.
(8) Any time in respect of which a worker 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.
(9) In special circumstances and by mutual consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods.
(10) Notwithstanding the provisions of this clause an employer who observes a Christmas close-down for the purpose of granting annual leave may require a worker to take his/her annual leave in not more than two periods but neither of such periods shall be less than one week.
(11) In the event of a worker being employed by an employer for portion only of a year, he/she shall only be entitled, subject to subclause (12) of this clause to such leave on full pay as is proportionate to his/her length of service during that period with such employer, and if such leave is not equal to the leave given to the other workers he/she shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.
(12) 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:
(i) If such termination occurs before 1 November 1988 be paid 3.08 hours' pay at the rate of wage prescribed by subclause (1) of this clause, divided by 40, in respect of each completed week of continuous service; or
(ii) If termination occurs on or after 1 November 1988 be paid 2.923 hours' pay at the rate of wage prescribed by subclause (1) of this clause, divided by 38, in respect of each completed week of continuous service.
(13) In addition to any payment to which he/she may be entitled under subclause (12) of this clause, a worker whose employment terminates after he/she 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 be given payment in lieu of that leave or, in a case to which subclause (9) or (10) of this clause applies, in lieu of so much of that leave as has not been allowed unless -
(a) he/she 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.
(14) The provisions of this clause shall not apply to casual workers.
(15) An employer may specify a reasonable period during which annual leave may not be taken to meet production requirements at the workplace concerned.
(16) An employer may require an employee to take annual leave within twelve months of such leave falling due.
(17) Where an employee has additional leave granted pursuant to subclause (1) of this clause, the employer may require such leave to be taken within twelve months of falling due.
