Aboriginal Legal Rights Movement Inc. (SA) Award, 1999
AP766925 - Aboriginal Legal Rights Movement Inc. (SA) Award, 1999
7.3.1 Annual leave entitlement – general
An employee, after completion of 12 months continuous service (less the period of annual leave), is entitled to a period of annual leave equivalent to the period of their ordinary hours of duty during a period of four weeks (exclusive of public holiday).
7.3.2 Annual leave entitlement – country officers
Employees of the Movement located in Ceduna are entitled to two (2) days per annum additional annual leave. Such leave is to accrue at the employees annual leave accrual date.
7.3.3 Payment for annual leave
7.3.3(a) Each employee before going on annual leave will be paid such salary they would have received in respect of the ordinary time which they would have worked had they not been on annual leave during the relevant period. Such salary to be paid by the Movement prior to the employee proceeding on annual leave.
7.3.3(b) Except as provided in 7.3.7 hereof, payment must not be made or accepted in lieu of annual leave.
7.3.4 Annual leave loading
In addition to the employee’s salary as prescribed in 7.3.3(a), an employee must be paid for that period of annual leave a further amount calculated at the rate of 17.5% of the amount referred to in 7.3.3(a) up to a maximum of 17.5% of average weekly earnings as declared by the Commonwealth Statistician at the September Quarter.
7.3.5 Annual leave to be taken
7.3.5(a) Annual leave as provided by this clause must be allowed and must be taken.
7.3.5(b) Annual leave credit which accrues to an employee in accordance with the provisions of this clause, are, subject to this clause, available to that employee for a period of two years and three months.
7.3.5(c) If, on the date of accrual in any year of an annual leave credit, an employee’s annual leave credit exceeds a credit representing two years of service, the employee must, during the period commencing on that date of accrual and ending three calendar months later, apply for a period of annual leave equal to at least that excess credit, and the Director must grant any such application submitted by the employee at least to the extent that it covers that excess credit.
7.3.5(d) In the event that an employee who, on the date of accrual in any year of an annual leave credit has a total credit exceeding a credit representing two years of service, should fail to make an application as required in paragraph 7.3.5(c), the Director must direct the employee to absent themselves from duty for a period equivalent to that excess credit, and the absence from duty so resulting must reduce the employee’s annual leave credit accordingly.
7.3.5(e) If notwithstanding the provisions of paragraphs 7.3.5(c) and 7.3.5(d) above, an employee has, on the date falling three calendar months after the date of accrual of annual leave credit representing two years service, the employee is deemed to be on annual leave as of the first working day following that date and continuing for such a period as is equivalent to the excess credit. The employee is entitled to be absent from duty at that time.
7.3.6 Calculation of continuous service for annual leave
7.3.6(a) For the purpose of this clause, service is deemed to be continuous notwithstanding:
7.3.6(a)(i) any interruptions or termination of the employment by the Movement if such interruption or termination has been made merely with the intention of avoiding obligations in respect of leave of absence:
7.3.6(a)(ii) any absence from work on account of personal sickness or accident or on account of leave granted, imposed or agreed to by the Movement; or
7.3.6(a)(iii) any absence with reasonable cause, proof of which must be provided by the employee.
7.3.6(b) Where an employee has applied for and been granted leave of absence by the Movement without payment for such leave, the period of such leave must not be taken into account when computing continuous service for the purpose of this award.
7.3.7 Proportionate annual leave on termination
If, after one months continuous service in any qualifying twelve month period an employee lawfully leaves the employment or is terminated by the Movement through no fault of the employee, the employee must be paid 1/3 of their ordinary weekly rate of salary for each completed month of continuous service, being service in respect of which leave has not been granted.
7.3.8 Annual leave exclusive of public holidays
An additional day of annual leave will accrue to an employee for each public holiday which falls in the period of annual leave.
