AP787043 - Liquefied Petroleum Gas Industry Award 1998

PART 7 – TYPES OF LEAVE AND PUBLIC HOLIDAYS 

32. ANNUAL LEAVE

32.1 Except as herein after provided, all employees will be granted four weeks leave on full pay, after each 12 months continuous service.

32.2 In addition to the leave herein before prescribed, seven day shift workers, that is employees working rostered shifts necessitating regular rostered Sunday and holiday work as part of their ordinary hours, will be given an extra week's leave, after each 12 month's continuous service.

32.3 An employee whose services are terminated for any cause whatsoever, or who leaves their employment in a qualifying period for annual leave, will be entitled to the cash equivalent of such leave in respect of that period worked in the proportion which that period bears to a year.

32.4 Broken Leave

The annual leave will be given and taken in a continuous period or, if the employer and the employee so agree, in two separate periods and not otherwise.

32.5 Annual Leave exclusive of Public Holidays

32.5.1 Where a holiday prescribed by clause 7.4 of this award occurs during the period of annual leave and such holiday is observed on a day upon which the employee would otherwise have worked as part of ordinary working hours, the employee's annual leave will be extended to include an additional ordinary working day, or such additional day may be taken at some other time by mutual arrangement between the employer and employee. Provided that, in all such cases, payment for such additional day will be made at ordinary rate of pay only.

32.5.2 Where a holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof will be upon the employee, to attend for work at their ordinary starting time on the working day immediately following the last day of the period of annual leave, he/she will not be entitled to be paid for such holiday.

32.6 Annual Leave in Advance

32.6.1 An employer may grant an employee annual leave, or a part thereof, before the right to the leave has fully accrued due, but where the leave or part thereof is so taken, a further period of annual leave will not commence to accrue until after the expiration of the twelve months or such period in respect of which the leave or part leave was granted in advance.

32.6.2 Where the annual leave or part thereof has been granted to an employee pursuant to this subclause before the right to the leave has accrued due and

32.6.2(a) the employee subsequently leaves or is discharged before completing the twelve months or such period of continuous service in respect of which the leave or part leave was granted, and

32.6.2(b) the sum paid by the employer to the employee for the leave or part leave taken in advance exceeds the sum which the employer is required to pay the employee under subclause 7.1(a) and/or 7.1(b)

the employer will not be liable to make any payments to the employee and will be entitled to deduct the amount of such excess, but excluding any sums paid for any of the holidays prescribed by clause 7.4 from any remuneration or monies payable to the employee upon termination of the employment.

32.7 An employee before going on annual leave will be paid at the rate at which the employee was ordinarily employed prior to the commencement of the leave.

32.8 Notwithstanding subclause 7.1(g) hereof an employee who has worked in a higher classification for a period of sixty-five days or more during the preceding six months will be paid annual leave at the higher rate.

32.9 An employee will be paid a loading of 17 1/2% of the appropriate rate (as set out in subclause 7.1(g) and 7.1(h) hereof) plus any other amount applicable to the employee as prescribed by clauses 5.5.1 and 5.5.2 of this award.