AP765516 - Airline Operations (Qantas Airways Limited) Award 1999
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
28. ANNUAL LEAVE
28.1 Annual leave entitlement - general
Employees (other than casual employees) are entitled to 28 successive days' annual leave on full pay at the end of each year of continuous service.
28.2 Annual leave entitlement - seven day shift workers
28.2.1 Seven day shift workers are entitled to 35 consecutive days' annual leave (including non-working days), on full pay at the end of each year of continuous service.
28.2.2 If an employee only works for part of the twelve month period as a seven day shift worker, the employee is entitled 28 consecutive days' annual leave plus one half days' leave for each month the employee works as a seven day shift worker.
28.3 Time of taking annual leave
28.3.1 Annual leave must be given by the Company, and taken by the employee, within twelve months of its becoming due.
28.3.2 Annual leave must be taken at a time fixed by the Company. However, annual leave may be taken in separate periods by agreement between the Company and employee.
28.3.3 The Company must, if practicable, give at least four weeks notice to the employee of the commencement of the employee's annual leave.
28.4 Payment for annual leave
28.4.1 Each employee before going on annual leave must be paid the ordinary rate of pay and any all purpose allowances the employee would have received had the employee not been on leave. This amount must include the following:
28.4.1(a) in the cases of day workers, the employee's applicable wage rate plus a holiday loading of 17.5 percent;
28.4.1(b) in the case of shift workers, the greater of:
28.5 Annual leave to be taken
Except upon termination of employment, payment must not be made in lieu of taking annual leave.
28.6 Annual leave taken in advance
28.6.1 The Company may allow annual leave to an employee before the right to the annual leave has fully accrued. Where annual leave is so taken, the right to further annual leave does not commence to accrue until the expiration of the twelve months' service in respect of which the annual leave was taken.
28.6.2 If the employee's employment is terminated before the employee completes this twelve months service, the Company may deduct the cash equivalent of the unearned leave. This amount does not include any sums paid in respect of public holidays.
28.7 Annual leave exclusive of public holidays
28.7.1 If a public holiday falls during an employee's annual leave and is a day which would have been an ordinary working day, one day for each public holiday must be added to an employee's period of annual leave.
28.7.2 If an employee does not start work at the due starting time after absence on annual leave, he or she will not be paid for any public holiday which occurs during the period of annual leave.
28.8 Calculation of continuous service for annual leave
28.8.1 For the purposes of this clause, service is deemed to be continuous despite absences due to:
28.8.1(a) leave granted by the Company if the employee is called as a witness; or
28.8.1(b) leave granted by the Company for defence purposes, up to a maximum of the first three months of each year of leave so granted; or
28.8.1(c) leave granted by the Company in connection with proceedings before the Commission; or
28.8.1(d) leave granted by the Company on account of the employee's personal injury or illness or other leave lawfully granted, up to a maximum of 160 hours; or
28.8.1(e) any interruption or termination of the employment by the Company if that interruption or termination was done with the intention of avoiding the Company's obligations under this clause; or
28.8.1(f) long service leave taken by an employee.
28.8.2 In cases of personal sickness or accident or absence with reasonable cause, the employee, to become entitled to the benefit of this clause, must inform the Company in writing if practicable within eight hours of the commencement of such absence of his or her inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of his or her absence.
28.8.3 A notice given for the purpose of 29.3.5 must, in the case of personal sickness or accident, be accepted as a notice for the purpose of this subclause.
28.8.4 Any absence from work by reason of any cause not being a cause specified in this subclause must not be deemed to break the continuity of service for the purposes of this clause unless the Company, during the absence or within fourteen 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.
28.8.5 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 plant, in the manner in which general notifications to employees are usually made in that plant and by posting a copy to each union whose members have participated in such concerted or collective absenteeism not later than the day it is posted up in the plant.
28.8.6 A notice to an individual employee may be given by delivering it to him or her personally or by posting it to his or her last recorded address, in which case it shall be deemed to have reached him or her in due course of post.
28.8.7 If the Company is the successor, assignee or transmittee of a business, and the employees of that business are now employed by the Company and their conditions of employment are governed by this award, the service of the employees with their former employer will be included as service with the Company in the calculation of annual leave entitlements.
28.9 Proportionate annual leave on termination
28.9.1 Upon termination of employment by either party employees must be paid for any accrued but untaken annual leave. This does not apply to employees whose employment is terminated by reason of misconduct during the employee's first twelve months of service.
28.9.2 Payments made to seven day shift workers on termination of employment will be at ordinary rates.
28.9.3 The loading prescribed by this subclause does not apply to proportionate leave on termination, but will apply to leave for completed years of service accrued at date of termination.
28.10 Annual close-down
28.10.1 If the Company closes down the plant, or a section or sections of the plant, to allow all or most of the employees in the plant or section(s) to take annual leave, the following provisions apply:
28.10.1(a) the Company must give the affected employees at least one month's notice;
[28.10.1(b) varied by R6246 from 21Apr99]
28.10.1(b) if an employee has not completed twelve months' continuous service, the employee is entitled to proportionate annual leave paid at the ordinary rate for 2.923 hours for each five ordinary days worked. If, within the twelve month period, the employee later leaves his or her employment or the employee's employment is terminated through no fault of the employee, the employee is entitled to proportionate annual leave under subclause 28.9 less any proportionate leave allowed under this clause.
28.10.1(c) if an employee has completed more than twelve months' continuous service, the employee is entitled to take the employee's annual leave entitlement and is also entitled to proportionate annual leave paid at the ordinary rate for 2.923 hours for each five ordinary working days worked since the end of the employee's last twelve monthly qualifying period.
