AN170042 – Hairdressing, Health and Beauty Industry Award
(a) Period of Leave
Full-time employees and part-time employees shall be entitled to a period of 152 hours (four weeks) paid annual leave annually after each 12 months of employment.
(b) Broken Leave
Annual leave allowed shall be given and taken in one consecutive period, or if the employer and the employee agree, in one of the following methods:-
(i) In two separate periods, the lesser of which shall be not less than seven consecutive days, ie. five working days.
(ii) In any combination, provided one period shall be not less than seven consecutive days, ie. five working days.
(c) Annual Leave Exclusive of Public Holidays
If any of the holidays prescribed by Clause 1 above - Holidays with Pay hereof, 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 leave one day for each such holiday so occurring.
(d) Payment in Lieu Prohibited
Except as provided in subclause (h) hereof, payment shall not be made or accepted in lieu of annual leave.
(e) Time of Taking Leave
Annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to annual leave accrued, and after not less than two weeks' notice to the employee.
(f) Payment for Period of Leave
(i) All employees before going on leave shall be paid the amount of wages 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) In addition all employees shall receive a loading of 17 1/2 per cent on payment made for annual leave as prescribed in paragraph (a) hereof. Such loading shall not apply to proportionate leave on termination of service.
(g) Leave Allowed Before Due Date
(i) An employer may allow annual leave to an employee before the right thereto has accrued due, but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after expiration of the 12 months in respect of which annual leave has been taken before it accrued.
(ii) Where leave has been granted to an employee pursuant to this subclause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the 12 months continuous service in respect of which the leave was granted, the employer may, for each completed month of the qualifying period of 12 months served by the employee, deduct from whatever remuneration is payable upon the termination of the employment one-twelfth of the amount of wage paid on account of the annual leave which amount shall not include any sums paid for any of the holidays prescribed by Clause 1 - Holidays with Pay of this Part.
(h) Proportionate Leave on Termination of Service
(i) If after one completed month of service in any qualifying 12 monthly period an employee lawfully leaves the employment, or the employment is terminated by the employer through no fault of the employee, the employee shall be paid at the employee's ordinary rate of wage as follows:-
(1) Full-time employees - 12.67 hours for each completed month of continuous service (calculated by dividing annual leave entitlement of 152 hours by 12).
(2) Part-time employees – divide annual leave entitlement of 152 hours by the part-time employees ordinary weekly hours of work and then divide by 12.
(ii) For the purposes of this clause service shall be in respect of which leave has not been granted, providing that the provisions of this subclause shall not apply to probationary trainees for whom the qualifying period of service before entitlement shall be three months.
