Australia Post General Conditions of Employment Award 1999
AP766597 - Australia Post General Conditions of Employment Award 1999
PART 7 – TYPES OF LEAVE AND PUBLIC HOLIDAYS
25. ANNUAL LEAVE
Subject to this clause, on the first day of January each year, an employee will receive an annual leave credit or an additional annual leave credit of:
25.1.1 Period
A period equivalent to the employee's ordinary hours of duty during a period of four weeks exclusive of public holidays which fall within the period of leave; or
25.1.2 Remote Localities
In the case of an employee who performs duty in a prescribed remote locality, the amount of annual leave which is credited on 1 January will comprise:
25.1.2(a) a period equivalent to the employee's ordinary hours of duty during a period of four weeks exclusive of public holidays which fall within the period of leave; and
25.1.2(b) such additional period commensurate with the level of hardship associated with that location and the additional time involved during annual leave in travelling from and returning to that location.
25.1.3 Pro Rata Entitlement
In the case of an employee who commences duty after 1 January, the annual leave credit which accrues on the first day of January following the date of commencement shall be calculated at the rate of 1/12 of the period that would have accrued under 25.1.1 and 25.1.2 for each completed month of service.
25.1.4 Leave without Pay
Where an employee has been absent from duty on approved leave without pay (other than leave without pay which counts as service) for more than 22 working days, the annual leave credit which would otherwise accrue on 1 January is reduced by 1/12 of the period of the credit for each 22 working days on which the employee was so absent, provided that the reduction does not exceed 1 2/3 days for each calendar month of such absence within any calendar year.
The granting of annual leave is subject to the following conditions:
25.2.1 Application
An application for leave is submitted in the prescribed manner;
25.2.2 Leave to be Taken
Ordinarily leave is to be taken in the year in which it accrues;
25.2.3 Leave Roster
[25.2.3 substituted by PR913154 ppc 20Dec01]
Where operational or audit requirements necessitate, Australia Post may roster an employee to take annual leave at a nominated time, whether or not an application has been made by the employee;
25.2.4 Timing
An employee will be allowed to take annual leave in whole or in part, at a time convenient to the employee, consistent with the operational requirements of Australia Post;
25.2.5 Single Days
[25.2.5 inserted by PR969602; PR969602 cancelled and replaced by PR970166 ppc 15Feb06]
Despite the provisions of this clause, an employee may elect, with the consent of Australia Post, to take annual leave in single day periods not exceeding ten days in any calendar year at a time or times agreed between them.
25.2.6 Limit
An employee is not allowed to take leave in excess of available credits, except with the approval of Australia Post;
25.2.7 Credits
Where a period of absence is granted for annual leave, the annual leave credit of the employee is reduced by the period of the leave or, if the period of leave exceeds the credit, the leave credit which next accrues shall be reduced by the period of the excess; and
25.2.8 Excess Credits
If, at any time, the leave credit of an employee exceeds the credit applicable to the previous two years service, Australia Post may direct the employee to take such leave as will reduce the credit to that amount.
An employee proceeding on annual leave who has requested payment at least three weeks prior to the commencement of leave is entitled to receive payment in advance.
Except as otherwise provided in this clause and 25.8 - Seven Day Shift Workers - Payment In Lieu of Additional Annual Leave, payment is not to be made or accepted in lieu of annual leave credits.
In addition to any other amounts payable under this award, Australia Post must pay to an employee whose employment ceases, otherwise than by death:
25.5.1 an amount equal to the salary that would have been payable had the employee commenced annual leave for a period equivalent to credits at the time of cessation; and
25.5.2 an amount equal to the salary that would have been payable in relation to pro-rata leave calculated on the basis of 1/12 of the normal annual leave entitlement for each completed month of service between the previous 1 January and the date of cessation.
Nothing in this clause affects Australia Post's rights to recover salary in respect of a period of leave granted in excess of an employee's credit.
25.7 Annual Leave - Seven Day Shift Workers
25.7.1 Additional Annual Leave
In addition to the period of annual leave prescribed in 25.1, seven day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays, are allowed an additional week of leave (7 consecutive days) including non-working days.
25.7.2 Part-time Employees
A part-time employee who satisfies the definition of seven day shift worker in 25.7.1 is not eligible for the additional annual leave unless the employee works at least 5 shifts each week or at least the number of shifts a week on average of an equivalent full-time employee.
25.7.3 Pro Rata Entitlement
However where a seven day shift worker is rostered to work on less than 10 Sundays during the accrual period, the shift worker is not entitled to the additional week of leave but shall be granted additional leave at the rate of 1/10 of a working week in respect of each Sunday worked.
25.7.4 Rostered Overtime
Rostered Sunday overtime shifts do not count for the purposes of 25.7.1 where such shifts are less than 3 hours duration. Where a rostered overtime shift commences on a Saturday and extends into Sunday or commences on a Sunday and extends into Monday it is deemed to be a Sunday overtime shift for the purposes of this clause.
25.7.5 Leave On Public Holidays
The annual leave prescribed by this clause is exclusive of public holidays.
25.7.6 Termination Payment
Where leave due under the provisions of 25.7.1 is not granted before the termination of employment it shall be treated in a similar manner to Annual Leave accrued under 25.1.
25.8 Seven Day Shift Workers - Payment In Lieu Of Additional Annual Leave
25.8.1 Payment Instead of Leave
An individual employee may, subject to management agreement, elect to receive payment instead of the additional leave accrued under 25.7 Annual Leave - Seven Day Shift Workers.
25.8.2 Payment For Public Holidays During Leave
An individual employee may elect, subject to management's agreement, to receive payment in lieu of additional leave for public holidays falling during the period of annual leave.
25.8.3 Amount of Payment
The rate of payment in lieu of the additional leave shall be identical to the rate of payment to which the employee would be entitled if the additional leave were taken.
25.9.1 Amount
In addition to any amounts payable during a period of annual leave, an employee shall, for the period of leave, receive a loading of the greater of:-
25.9.1(a) 171/2% of salary of the employee as at the accrual date of the leave subject to a maximum payment of the equivalent of the Australian Statistician's average weekly total earnings of all employees (males) August Preliminary for the year preceding the year in which the date of leave credit occurs; or:
25.9.1(b) any additional payments for shift, Saturday or Sunday duty not in excess of prescribed weekly hours which the employee would have performed had annual leave not been taken.
25.9.2 Employed Less Than One Year
Where an employee who commenced employment after 1 January of any year and whose services terminated before the end of that calendar year, salary for purposes of 25.9 is the equivalent of that employee's commencement salary as at 1 January of that year.
25.9.3 Leave Accrual Less than for Full Year
The maximum payment under 25.9.1(a) is to be adjusted on a pro-rata basis where less than a full year of leave credit has accrued.
25.9.4 Meaning of Salary
For the purpose of 25.9.1(a) salary includes any additional payments which the employee received on 1 January of the year in which the leave was credited but does not include payments covered by 25.9.1(b).
25.9.5 Part-time Employees
A part-time employee is entitled to the provisions of this clause. However, for the purposes of 25.9.1(a), the maximum payment is calculated by means of the following formula:
25.9.6 Timing of Payment
As long as an application is made for at least one week of the Annual Leave to which the Annual Leave Loading relates, payment of the Annual Leave Loading is to be made:
25.9.6(a) to employees on a leave roster, at the same time as payment for such leave;
25.9.6(b) to other employees, with the payment for leave following a request for payment of the Annual Leave Loading.
25.9.7 Payment on Termination
An employee whose services terminate for any reason and who is entitled to payment in lieu of accumulated annual leave or in lieu of leave on a pro-rata basis will be paid outstanding loadings from previous years accruals and a pro-rata loading for the last year of service.
