AN170068 – Mobile Crane Hire Award
(a) (i) A period of twenty-eight (28) consecutive days, including weekends, but exclusive of any public holidays occurring during the period, shall be given and taken as leave annually to all employees, other than casual employees, after twelve (12) months continuous service with an employer.
(ii) Leave shall be given and shall be taken within six (6) months from the date when the right to annual leave occurred and after not less than four (4) weeks notice to the employee.
(b) An employee on weekly hiring shall accrue annual leave at the rate of 2.923 hours for each thirty-eight (38) ordinary working hours worked.
(c) Broken Leave
(i) The annual leave shall be given and taken in one or two continuous periods. If given in two (2) separate periods, then one of those two (2) periods must be at least twenty-one (21) consecutive days, including non-working days.
(ii) If the employer and an employee so agree, an annual leave entitlement may be given, and taken in two (2) separate periods, neither of which is of at least twenty-one (21) consecutive days, including non-working days, or on three (3) separate periods.
(d) The annual leave provided by this Clause shall be allowed and shall be taken, and except as provided by subclause (i), payment shall not be made or accepted in lieu of annual leave.
(e) Leave Allowed Before Due Date
(i) An employer may allow an employee to take annual leave prior to the employee's right thereto. In such circumstances, the qualifying period of further annual leave shall not commence until the expiration of twelve (12) months in respect of which the leave so allowed was taken.
(ii) Where an employer has allowed an employee to take annual leave pursuant to paragraph (i) and the employee's services are terminated (by whatsoever cause) before the right thereto has accrued, the employer shall be entitled to deduct from any remuneration payable any excess due on account of such annual leave payments.
(f) Calculation of Continuous Service
(i) For the purpose of this clause, service shall be deemed to be continuous notwithstanding:
Any interruption or termination of the employment by the employer, if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect to leave of absence.
Personal sickness or accident.
Leave lawfully granted by the employer.
Jury service.
(ii) In cases of any absence from work by reason not specified in this Clause, the employee, to be entitled to the benefit of this sub-clause, shall inform the employer, in writing if practicable, within twenty-four (24) hours of the commencement of such absence, of the employee’s inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of the absence. A notification given by an employee, pursuant to Clause 3 - Sick Leave of Part V – LEAVE AND HOLIDAYS WITH PAY shall be accepted as notification under this sub-clause.
(iii) Any absence from work by reason of any cause not being a cause specified in this sub-clause, shall not be deemed to break the continuity of service for the purposes of this Clause, unless the employer, during the absence, or within fourteen (14) days of the termination of the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service.
(iv) In cases of individual absenteeism, such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism, notice may be given to employees by the posting up of a notification in the depot, in the manner in which general notifications to employees are usually made in that depot, and by posting to each union whose members have participated in such concerted or collective absenteeism, a copy of it not later than the day it is posted up in the depot.
(g) Payment for Period of Annual Leave
Each employee, before going on leave, shall be paid the wages the employee would have received in respect to the ordinary time the employee would have worked had the employee not been on leave during the relevant period, provided that payment for the period specified in sub-clause (b) of this Clause shall not exceed 152 ordinary hours. Subject to sub-clause (i), each employee shall, where applicable, have the amount of wages to be received for annual leave, calculated by including the following:
(i) The rate applicable as prescribed by Clause 1 of Part III - Wage Rates.
(ii) The rate payable pursuant to Clause 3 - Mixed Functions of Part III – WAGES AND RELATED MATTERS, calculated on a daily basis which the employee would have received for ordinary time during the relevant period.
(iii) Any other rate to which the employee is entitled in accordance with the contract of employment for ordinary hours of work, provided that this provision shall not operate so as to include any payment which is of a similar nature to, or is paid for the same reasons as, or is paid in lieu of, those prescribed by Clause 3 - Overtime of Part IV – HOURS OF WORK, SHIFTWORK AND OVERTIME, and Clause 2 - Fares, Travel and Accommodation of Part III – WAGES AND RELATED MATTERS nor any payment which might have become payable to the employee as reimbursement for expenses incurred.
(h) Loading on Annual Leave
(i) During a period of Annual Leave, an employee shall receive a loading of 17½% calculated on the relevant weekly wage rate. Provided that where the employee would have received shift loadings prescribed by Clause 4 – Shift Work of Part IV – HOURS OF WORK, SHIFTWORK AND OVERTIME had the employee not been on leave, and such loadings would have been of a greater amount than 17½%, then the shift loadings shall apply to the relevant weekly wage rate in lieu of 17½%.
(ii) Loading on Termination
The loading prescribed above shall also apply to proportionate leave on lawful termination.
(i) Proportionate Leave on Termination
An employee on weekly hiring who after one week's continuous service in the first qualifying twelve (12) monthly period with an employer leaves the employment of the employer, or whose employment is terminated by the employer through no fault of the employee, shall be paid 2.923 hours for each 38 ordinary hours worked.
(j) Annual Close Down
Where an employer closes down the depot or a section thereof for the purposes of allowing annual leave to all or the bulk of employees in the depot or section concerned, the following shall apply:
(i) The employer may, by giving not less than 4 weeks notice, stand off for the duration of the close down all employees in the depot or section concerned, and allow to those who are not then qualified for full entitlement to annual leave for 12 months continuous service, paid leave on a proportionate basis at the appropriate rate of wage as prescribed by this clause for 2.923 hours for each 38 ordinary hours worked.
(ii) An employee who has qualified for a full entitlement to annual leave for 12 months continuous service, and has completed a further week or more of continuous service shall be allowed leave and shall be paid at the appropriate rate of wage for 2.923 hours for each 38 ordinary hours worked since the close of the employee’s last 12 monthly qualifying period.
(iii) The next 12 monthly qualifying period for each employee affected by such close down shall commence from the day on which the depot, or section concerned is re-opened for work. Provided that all time during which an employee is stood off without pay for the purposes of this sub-clause shall be deemed to be time of service in the next 12 monthly qualifying period.
(iv) If in the first year of service with an employer an employee is allowed proportionate annual leave, and subsequently within such year leaves the employment or the employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of paragraph (j)(i) subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.
(v) (1) An employer may close down the depot for one or two separate periods for the purpose of granting annual leave in accordance with this sub-clause. If the employer closes down the depot in two separate periods one of those periods shall be for a period of at least 21 consecutive days including non-working days.
(2) Provided that where the majority of the employees in the depot or section concerned agrees, the employer may close down the depot in accordance with this sub-clause in two separate periods neither of which is of at least 21 consecutive days including non-working days, or in three separate periods. In such cases the employer shall advise the employees concerned of the proposed dates of each close down before asking them for their agreement.
(k) Part Close Down and Part Rostered Leave
(i) An employer may close down the depot, or a section thereof for a period of at least 21 consecutive days including non-working days and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster.
(ii) An employer may close down the depot, or a section thereof for a period of less than 21 consecutive days including non-working days and allow the balance of the annual leave due to an employee in one or two continuous periods either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of employees in the depot or a section thereof, and before asking the employees concerned for their agreement the employer shall advise them of the proposed date of the close down or close downs and the details of the annual leave roster.
