AN160741 – Coal Mining Industry (Engineers) Award 1990
(1) (a) Griffin Coal Mining Company Pty Limited only:
Subject to the provisions of this clause employees under this award shall be entitled to 6 weeks leave at the ordinary rate of pay in respect of each completed period of 12 months continuous employment.
(b) Western Collieries Limited only:
(i) Subject to the provisions of this clause employees under this award shall be entitled to 210 ordinary hours leave at the ordinary rate of pay in respect of each completed period of 12 months' continuous employment.
(ii) Notwithstanding the provisions of (i) above, employees who are regularly rostered to work eight (8) or more ordinary hours per day, shall be entitled to 215 ordinary hours of leave at the ordinary rate of pay in respect of each completed period of 12 months' continuous employment.
(iii) For the purposes of this clause one week's annual leave shall equal 35 ordinary hours.
(2) continuous shift employees rostered to work on a rotational basis on Sundays and holidays, shall be entitled to 1 weeks additional leave to that otherwise prescribed by subclause (1) hereof.
(3) The quantum of annual leave to be allowed to an employee shall be calculated in accordance with the provisions of this award up to the end of the last pay period completed prior to the 1st December each year.
(4) Except as hereinafter provided, the leave prescribed in subclause (1) hereof, shall be taken-
(a) in a period of four weeks commencing on and from the Monday immediately preceding Christmas Day, provided that in the years when Christmas Day falls on a Saturday or Sunday the period shall commence on and from the next succeeding Monday and in the years that Christmas Day falls on a Monday, the period shall commence on and from that day.
(b) in a period of one week commencing on Easter Monday.
(c) in a period of one week commencing at an agreed date or a date determined by the Tribunal, in September or October of each year.
(5) The Union party to this award will provide at least one-third (1/3) of the work force on production if required during the recognised Christmas vacation and production will be permitted during other annual leave periods by volunteer labour as required.
(6) Employees engaged during the period or periods referred to in subclause (4) hereof, shall be allowed equivalent time off with a maximum of thirty days, or 6 weeks, at such time as may be mutually agreed upon between the employer and the employee but in any case before the subsequent Christmas stand-down period. Provided that the operations of the mine at which the employee works will not, in the opinion of the manager, be affected by the granting of the leave at that time. The employer is under no obligation to provide work on the days known as Christmas Day, Boxing Day, New Year's Day and Easter Monday and, if no work is provided, the employee may claim payment for that day with a reduction in annual leave entitlement. Provided also that any employee who works on Christmas Day or New Year's Day shall be paid at the rate of time and a half.
(7) In the event of an employee being employed for a portion of a year only, the employee shall be entitled to such paid leave as is proportionate to the length of employment with the employer up to the date when annual leave is taken in accordance with the leave roster or as required by any general leave arrangements. In the latter case the employee shall not be entitled to work or pay whilst the other employees of such employer are on paid leave.
(8) Where no general leave arrangements apply, leave shall be taken following application by the employee, subject to the convenience of the employer and unless by approval of the employer no later than in the 12 months following the date the leave accrues.
(9) The rate of pay payable during a period of annual leave shall be at the ordinary rate applicable at the date the leave commences. Provided that if the employee's ordinary rate has varied prior to the leave period because of the higher or lower duties provisions the rate payable on leave shall be an average of the employee's ordinary rate received over the four weeks prior to commencing the leave.
(10) In addition to the ordinary rate payable during a period of annual leave, the employee shall receive a loading of 35% calculated on the employee's ordinary rate of pay or averaged rate as prescribed in subclause (9) hereof in respect of each week of leave or part thereof.
(11) On resignation or termination the employee shall be entitled to any untaken accrued annual leave and, except where the termination is for misconduct or unauthorised absence, pro-rata leave calculated on the basis of completed weeks of employment as a proportion of 52.
(12) Any employee who changes employer in the course of the year, but who does not leave the Industry, shall be required to take the aggregate number of days annual leave that the employee has qualified for and not cleared with all employers in the preceding twelve months.
