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AP789529CRV - Metal, Engineering and Associated Industries Award 1998


7.1 Subject to the provisions of subclause 7.3 hereof, the rate of payment to which an employee on leave shall be entitled shall be in the case of a full-time weekly time worker his/her actual rate of pay. The actual rate of pay is the total amount an employee would receive if he/she were performing his/her ordinary hours of work and shall not include overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances and any other extraneous payment of a like nature. In cases where the actual rate of pay varies from week to week as a result of a system of payment by results or other piece work or bonus systems the rate of payment shall be calculated by averaging the actual rates of pay, as defined above, for each week over the previous three monthly period.

7.2 Payment shall be made in one of the following ways:

7.2.1 in advance for the whole of the period when the employee commences the period of leave, at the rate calculated in accordance with subclause 7.1 hereof; or

7.2.2 at the same time as payment would have been made if the employee had remained on duty, in which case payment shall, if the employee in writing so requires, be made by cheque posted to an address specified by him/her; or

7.2.3 in any other way agreed between the employer and the employee.

7.3 If, during the period of leave, any award variation occurs which, had the employee been at work, would have resulted in a change in his/her actual rate of pay (as defined in subclause 7.1 hereof) the rate of payment to which an employee on leave shall be entitled shall be, as from the date upon which such change would have been operative such changed rate and if payment has been made in advance to any employee in respect of long service leave the employer shall, upon the employee's return to duty, adjust such advance payment to accord with such changed rate of pay to the extent to which the changed rate is applicable.

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