AN170028 – Electrical/Electronic Trades (Public Sector) Award
(a) Period of Leave
(i) Dayworkers
A period of 28 consecutive days' leave shall be allowed annually to an employee after 12 months' continuous service (less the period of annual leave) to an employee on weekly hiring in any one or more of the occupations to which this award applies.
(ii) Shiftworkers
In addition to the leave hereinbefore prescribed, 7 day shiftworkers who are rostered to work regularly on Sundays and holidays shall be allowed 7 consecutive days' leave including non-working days.
Where an employee with 12 months' continuous service is engaged for part of the 12 monthly period as a 7 day shiftworker, the employee shall be entitled to have the period of annual leave hereinbefore prescribed increased by one half a day for each month he or she is continuously engaged.
(b) Annual Leave Exclusive of Public Holidays
Subject to this subclause, the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by Clause 16 - Holidays with Pay, and if any such 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 the period of annual leave, time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.
Where a holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof shall be upon the employee, to attend for work at the ordinary starting time on the working day immediately following the last day of the period of his or her annual leave the employee shall not be entitled to be paid for any such holiday.
(c) Calculation of Continuous Service
For the purposes of this clause, service shall be deemed to be continuous notwithstanding:
(i) Any interruption or determination of the employment by the employer if such interruption or determination has been made with the intention of avoiding obligations hereunder in respect of leave of absence.
(ii) Any absence from work on account of personal sickness or accident, and in calculating the period of 12 months' continuous service, absence on account of personal sickness or accident to the extent of 91 days in any 12 months shall be deemed to be part of the period of continuous service.
(iii) Any absence with reasonable cause proof whereof shall be upon the employee or leave lawfully granted by the employer, but such absence shall not be taken into account in calculating the period of 12 months' continuous service.
(d) Proportionate Leave on Termination of Service
If after one month's continuous service in any qualifying 12 monthly period an employee lawfully leaves his or her employment, or the employee's employment is terminated by the employer through no fault of the employee the employee shall be paid at his or her ordinary rate of wage as follows:
twelve and two third hours for each completed month of continuous service.
(e) Payment in Lieu Prohibited
The annual leave provided for by this clause shall be allowed and shall be taken, and except as provided in subclause (d) hereof, payment shall not be made or accepted in lieu of annual leave.
(f) Payment for Period of Leave
(i) Employees before going on leave shall be paid the amount of wage they would have received in respect of the ordinary time which they would have worked had they not been on leave during the relevant period.
(ii) During a period of annual leave an employee shall receive a loading calculated on the rate of wages prescribed for the employee concerned.
PROVIDED THAT where employees would have received shift loadings as prescribed had they not been on leave during the relevant period and such loadings would have entitled them to a greater amount than the loading of 17 1/2%, then the shift loading shall be added to the rate of wage prescribed in lieu of the 17 1/2% loading.
(iii) Where the period of annual leave taken is of ten (10) consecutive days or more, the loading payable shall be the amount which would have been paid if the employee had taken all the leave due to him or her in respect of that leave year.
If all leave taken in a year is in periods of less than ten (10) consecutive days, the total loading shall be paid to the employee at the expiration of a period of one year following the date upon which the leave became due.
(g) Time of Taking Leave
Annual leave shall be given at a time fixed by the employer within a period not exceeding 6 months from the date when the right to annual leave accrued. Where practicable and unless otherwise mutually arranged between the employer and the employee, at least 2 weeks' notice shall be given to the employee that his or her annual leave is to be taken.
(h) Broken Leave
Leave allowed under the provisions of this subclause shall be given and taken in one consecutive period within 6 months from the end of the preceding year of employment, or if the employer and the employee so agree in 2 separate periods, the lesser of which shall be of not less than 7 consecutive days. No entitlement shall be permitted to accrue beyond 12 months after the date of accrual.
