AN170088 – Retail Trades Award
(a) Period of Leave
A period of one hundred and fifty two hours paid annual leave shall be allowed annually after 12 months' continuous service on weekly hiring.
(b) Broken Leave
Leave allowed under the provisions of subclause (a) shall be given and taken in one consecutive period, or if the employer and the employee agree, in any combination, provided one period shall be not less than seven consecutive days, i.e. five working days.
(c) Leave to be Exclusive of Public Holidays
If any of the holidays prescribed by Clause 18 - Holidays with Pay 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.
PROVIDED that this clause shall not apply where an employee receives payment for the Public Holiday as if they had worked on that day under a projected roster in accordance with subclause (f) (i) of this clause.
(d) Payment in Lieu Prohibited
Except as provided in subclause (h) of this clause 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 12 months from the date when the right to annual leave accrued, and after not less than 2 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 a projected roster which they would have worked had they not been on leave during the relevant period.
(ii) In addition thereto all employees (including part-time employees engaged to work 20 or more hours per week) shall receive a loading of 17.5% of the ordinary time earnings (excluding penalty additions) as prescribed in paragraph (i) hereof.
(iii) In cases where a projected roster includes Saturday or late night penalty rates, the employee shall be paid the penalty rate component, or the 17.5% loading calculated on ordinary time earnings, whichever is the higher.
(iv) The loading herein prescribed shall not apply to proportionate leave on termination of service.
(v) PROVIDED that where a Nightfill Assistant would have received a night-fill loading as prescribed in subclause (d) of Clause 8 - Wage Rates, had he not been on leave during the relevant period and such loading would have entitled him to a greater amount than the loading of 17.5%, then the night fill loading shall apply in lieu of the 17.5% leave loading.
(g) Leave Allowed before Due Date
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 the expiration of the 12 months in respect of which annual leave had been taken before it accrued.
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 complete month of the qualifying period of 12 months not served by the employee deduct from whatever remuneration is payable to the employee upon the termination of the employment, one-twelfth of the amount of wages paid on account of annual leave, which amount shall not include any sums paid for any of the holidays prescribed by Clause 18 - Holidays with Pay.
(h) Proportionate Leave on Termination of Service
If after one completed month of service in any 12 monthly period an employee lawfully leaves his employment or his employment is terminated by the employer through no fault of the employee, the employee shall be paid as follows:-
12.67 hours for each completed month of continuous service. This service is in respect of which leave has not been granted.
