AP769412CRV - Business Equipment Industry - Technical Service - Award 1999
PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
28. ANNUAL LEAVE
28.1.1 Full-time and part-time employees are entitled to 28 consecutive days annual leave including non-working days for each year of continuous employment.
28.1.2 An employer may reach agreement with the majority of employees concerned to convert the entitlements in 28.1.1 or 28.2 hereof to an hourly entitlement for administrative ease (e.g. 152 hours rather than four weeks for an employee working a 38 hour week).
28.2.1 An employee who is rostered to work regularly on Sundays and holidays shall in addition to the entitlement in 28.1 hereof receive a further seven consecutive days leave including non-working days.
28.2.2 Where an employee with twelve months' continuous service is engaged for part of the twelve month period as a seven day shift worker, the employee shall be entitled to have the leave prescribed by 28.1 hereof increased by half-a-day, for each month the employee continuously engaged as such.
28.3.1 Employees who are required by their employer to remain away from their usual place of residence on more than two nights in any week, Monday to Sunday inclusive, for each week of the working year, shall in addition to the annual leave prescribed in 28.1 hereof receive a further seven consecutive days' leave including non-working days.
28.3.2 Where an employee operates in country areas as above for part only of the time the employee shall receive an additional leave entitlement on the basis of an extra half day's annual leave for each five weeks in any one year during which the employee is required to be away from the usual place of residence.
28.3.3 This subclause shall not apply to employees undertaking training courses.
No payment shall be made by an employer or accepted by an employee, in lieu of the annual leave entitlement provided in 28.1, 28.2 or 28.3 hereof.
28.5.1 Annual leave shall be taken in a manner that is agreed to between the employer and the employee.
28.5.2 Where agreement cannot be reached pursuant to 28.5.1 hereof, the employer shall advise the employee of the date and amount of annual leave to be taken by giving the employee not less than four weeks notice of such requirement.
[28.5.3 varied by PR965091 ppc 11Nov05]
28.5.3 The annual leave entitlement in 28.1, 28.2 or 28.3 hereof shall be taken within two years of becoming due. This period may be extended by agreement between the employer and employee.
28.6 Public holidays falling in a period of leave
28.6.1 If any public holiday prescribed by clause 32 of this award 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 must be added to the period of annual leave, time equivalent to the ordinary time which the employee would have worked if the day had not been a holiday.
28.6.2 Where a holiday or holidays falls in a period of annual leave and the employee fails, without reasonable cause, to attend for work at the employee's ordinary starting time on the working day immediately following the last day of the period of annual leave, the employee shall not be entitled to be paid for the holiday or holidays.
28.7.1 Employees shall not be eligible to accrue annual leave during any period of unpaid leave of absence exceeding two weeks except where such leave is in respect of unpaid sick leave.
28.7.2 In a twelve month period, up to 152 hours of unpaid sick leave shall be counted as time worked for the purposes of annual leave accruals.
28.7.3 Where a business is transmitted from one employer to another, as set out in 16.7 of this award, the period of continuous service that the employee had with the transmittor or any prior transmittor shall be deemed to be service with the transmittee and taken into account when calculating annual leave. However, an employee shall not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.
28.8.1 By agreement between the employer and the employee, annual leave may be taken in advance of the due date.
28.8.2 Where an employee granted annual leave in advance leaves or is discharged by the employer, the employer shall have the right to recover from any monies due to the employee, a sum equal to the annual leave granted in advance less any amounts subsequently accrued.
28.9 Payment for period of leave
28.9.1 Each employee prior to commencing a period of annual leave or close down shall be paid a sum equal to the salary/wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave. All purpose allowances shall also be paid.
28.9.2 In addition to the payments specified in 28.9.1 hereof, employees shall be paid an annual leave loading of 17.5%.
Provided that where an employee would have received roster or shift allowances, in accordance with clauses 24 –Hours of work or 27 –Shift work, of this award had the employee not been on leave during the relevant period and such allowances would have entitled the employee to a greater amount than the loading of 17.5%, then the employee shall be paid such greater amount in lieu of the 17.5% loading.
28.9.3 The annual leave loading is only payable on annual leave due. It is not payable on pro rata annual leave on termination.
28.10.1 Where a full-time or part-time employee with one or more weeks continuous service leaves the service of their employer for any reason other than serious and willful misconduct, the employee shall be entitled to payment for pro rata annual leave at the rate of 2.923 ordinary hours pay for each 38 ordinary hours worked.
28.10.2 The calculation in 28.10.1 hereof shall be made in accordance with the following:
28.10.2(a) For a full-time or part-time employee with less than twelve months continuous service: from the date of commencement as a full-time or part-time employee to the date of termination.
28.10.2(b) For a full-time or part-time employee with more than twelve months continuous service: from the date that annual leave last became due to the date of termination.
28.10.3 The terms of 28.8 hereof shall apply in circumstances where an employee has been granted annual leave in advance of the due date.
Where an employer closes down an establishment or section or sections, for the purpose of allowing annual leave to all or the majority of the employees concerned, the following shall apply:
28.11.1 The employer shall give at least one month's notice to the affected employees. The notice shall advise employees of the commencement date and duration of the close down.
28.11.2 An employer and the majority of employees concerned may agree to close down for more than one period.
28.11.3 Employees with less than twelve months continuous service at the time of close down shall receive payment at the rate of 2.923 ordinary hours pay for each 38 ordinary hours worked. The remainder of the close down shall be taken as leave without pay.
28.11.4 Employees with more than twelve months continuous service shall receive accrued annual leave.
28.11.5 Where an employee has insufficient accrued leave, a sum equal to the employee's accrued annual leave entitlement shall be paid, calculated at the rate of 2.923 ordinary hours pay for each 38 ordinary hours worked.
