AP784988CRV - Insurance Industry Award 1998
PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
22. ANNUAL LEAVE
22.1 Leave entitlement
22.1.1 A period of four weeks (twenty working days) leave of absence on full pay must be allowed annually to an employee after twelve months continuous service which is to be granted and taken at a time agreed between the employer and the employee.
22.1.2 If agreement is not reached, the leave will be taken as directed by the employer provided at least two months notice is given of the date upon which the leave is to commence.
22.2 Annual leave exclusive of public holidays
The annual leave prescribed by this clause is exclusive of any of the holidays prescribed by 26 – Public holidays of this Award and if any such holiday 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 will be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.
22.3 When leave must be taken
[22.3 Impractical to grant leave title changed and substituted by PR969170 ppc 23Jan06]
By agreement between the employer and the employee annual leave may be carried forward for a maximum period of 2 years from the date of entitlement.
22.4 Leave to be taken
The annual leave provided for by this clause must be allowed and must be taken and except as provided by 22.9 payment must not be made or accepted in lieu of annual leave.
22.5 Leave allowed before due date
22.5.1 An employer may allow an employee to take leave before it falls due.
22.5.2 Where leave is granted and taken pursuant to 22.5.1 a further period of annual leave will commence to accrue from the next anniversary date.
22.5.3 Where leave in excess of the amount of leave the employee has accrued is granted and taken in advance of it falling due and the employee’s employment is terminated, either by the employee or the employer, the employer may deduct from any monies due to the employee on termination an amount equal to the amount paid for the period by which the leave granted exceeded the amount of leave which had accrued at the date of termination.
22.6 Payment for period of leave
22.6.1 Each employee before going on leave may request to be paid full pay for all pays due during the period of leave or request that the pays continue to be transferred to the nominated bank account in accordance with the arrangements made with the employer on the normal pay day.
22.6.2 Where an employee is granted more than two weeks leave and the employee requests that the payment for the full period of leave be made immediately prior to the employee going on leave, the employer must agree to the request.
22.6.3 However the request for payment for the full period of leave must be made at least two weeks before the employee is to commence leave or the employer may refuse the request.
22.7 Full pay defined
22.7.1 The term full pay in this clause means the amount of salary that the employee would have received for performing the employee’s normal duties during ordinary hours had the employee not been on leave for the relevant period.
22.7.2 If the employee is entitled to the tropical allowance prescribed in clause 16 – Allowances then that allowance must be paid to the employee for the period of leave
22.8 Annual leave loading and allowance to shift workers on leave
In addition to full pay for annual leave an employee will be paid an annual leave loading in accordance with 8.1 and calculated in accordance with 8.2 of this clause.
22.8.1 The annual leave loading will not be payable in relation to:
22.8.1(a) any holidays prescribed by clause 26 – Public holidays of this award;
22.8.1(b) proportionate leave on termination of employment in accordance with 22.10.
22.8.2 The annual leave loading will be the greater of the two amounts calculated in accordance with the following sub paragraphs:
22.8.2(a) 17-1/2 per cent of the amount of full pay payable in relation to such days as to which 22.7 applies but limited to the original average weekly earnings for the "all males" category published in the Australian Bureau of Statistics Bulletin "Average Weekly Earnings, States and Australia," August for the year immediately preceeding the calendar year in which the leave falls due, in respect of leave for each twelve months continuous service.
22.8.2(b) The amount equal to the total of any allowances payable for ordinary time under 20.2 and 21.2 of this Award for shift work according to the employee's roster or projected roster during the period of leave.
22.9 Payment for leave on termination of employment
22.9.1 On the termination of employment of an employee an employer must pay the employee for any annual leave to which the employee became entitled during the period of employment with the employer to the extent that the annual leave was not taken.
22.9.2 The rate of pay at which the payment must be made is that actual salary rate the employee was receiving immediately prior to termination. Annual leave loading at the rate prescribed in 22.8.2(a) of this clause subject to the maximum prescribed in that subparagraph shall be paid on leave which has fallen due. Proportionate leave shall be treated as prescribed in 22.10.
22.10 Proportionate leave on termination
22.10.1 An employee who:
22.10.1(a) After one months’ continuous service in the first qualifying twelve monthly period with an employer, leaves the employment of the employer or whose employment is terminated by the employer for any reason other than serious misconduct or;
22.10.1(b) After twelve months’ continuous service with an employer, leaves the employment of the employer or whose employment is terminated by the employer for any reason;
must be paid pro rata annual leave on full pay for each week worked in respect of which leave has not been granted.
22.10.1(c) Neither annual leave loading nor shift allowance is payable on proportionate leave on termination
22.11 Single day annual leave absences
[22.11 substituted by PR969170 ppc 23Jan06]
22.11.1 An employee may elect, with the consent of the employer to take annual leave in single day periods or part of a single day not exceeding a total of ten days in any calendar year at a time agreed between them.
22.11.2 An employee and employer may agree to defer payment of the annual leave loading in respect of a single day absence, until at least ten accumulated annual leave days are taken.
