AP795978 - Space Tracking Industry Award 1998
PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
25. ANNUAL LEAVE
Summary
This clause describes an employee's entitlement to annual leave.
Essentially, that entitlement is four weeks or in the case of seven day shift workers, five weeks.
A loading of 17.5 percent (higher percentage in the case of certain shift workers) is payable in addition to the payment for the leave.
Payment for the period of leave for both full time and part-time employees is based on the principle that the employee will be paid what the employee would normally have received if the employee had not been on leave, with certain exceptions which include overtime.
Casual employees do not have an entitlement to annual leave.
25.1.1(a) A full time employee under this award is entitled to a period of 28 consecutive days leave, including non-working days, (i.e four weeks) after each twelve months service (less the period of annual leave) with an employer.
25.1.1(b) An employer may reach agreement with the majority of employees concerned to convert the entitlements in 25.1.1(a) or 25.2 to an hourly entitlement (ie. 152 hours or 190 hours respectively) for administrative ease.
25.1.2 In the case of a part time employee who has completed twelve months' service the employee is entitled to four weeks leave at the number of ordinary hours which would otherwise have been worked during the period of leave.
25.1.3 The annual leave for full time and part time employees accrues at a rate of 2.923 hours for each 38 ordinary hours worked.
25.1.4 Casual employees are not entitled to annual leave.
25.2 Additional leave for seven day shift workers
25.2.1 In addition to the leave hereinbefore prescribed, shift workers will be allowed seven days' leave, including non-working days.
25.2.2 Where an employee with twelve months' service is engaged for part of the twelve month period as a shift worker the employee will be entitled to have the period of annual leave prescribed in 25.2.1 increased by 0.73 hours for each five ordinary working days worked as a shift worker.
25.3 Payment for period of annual leave
25.3.1 Employees, before going on leave, are to be paid the wages they would have received in respect of the ordinary time they would have worked had they not been on leave during the relevant period. This amount will be calculated as follows:
25.3.2 An employee before going on leave, will be paid the amount of wages the employee would have received in respect of ordinary time the employee would have worked had the employee not been on leave during the relevant period. Subject to 25.5 each employee will, where applicable, have the amount of wages to be received for annual leave calculated as follows:
25.3.2(a) At the rate applicable to him/her as prescribed by clauses 16 - Classifications and rates of pay, 17.2 -Apprentices, 19.2 - Tracking Station allowance and 19.2- First Aid allowance.
25.3.2(b) Subject to 25.5, at any additional rate applicable for work in ordinary time including Saturday and Sunday shifts as prescribed by 22.2 - Shift work allowances, 22.4 - Saturday work-shift work, or 22.5 - Sunday work.
25.3.2(c) At any additional rate to which the employee is otherwise entitled in accordance with their contract of employment for ordinary hours of work; provided that this provision will not operate so as to include any payment which is of a similar nature to, or is paid for the same reason as or is paid in lieu of these payments prescribed by clauses 19 - Special rates and allowances, clause 24 - Overtime and 19.4 - Travelling allowance, nor any payments which might have become payable to the employee as reimbursement for expenses incurred.
25.3.2(d) In the case of an employee who would have been engaged for more than one quarter of the period of leave, had the employee not been on leave, on duties in ordinary time carrying a higher rate for the period of leave.
25.3.3 This clause will not operate so as to entitle an employee in respect of a Public holiday occurring during their period of annual leave, to any additional payment calculated as though the employee had worked on that day.
During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed by 25.3.
The loading will be as follows:
25.4.1 Day workers - employees who would have worked on day work only had they not been on leave - a loading of 17.5 percent.
25.4.2 Shift workers - employees who would have worked on shift work had they not been on leave - a loading of 17.5 percent or the shift loading whichever is the greater but not both.
The loading prescribed by this clause does not apply to proportionate leave on termination.
25.5 How to calculate the leave entitlement
25.5.1 For an employee to be entitled to four weeks paid annual leave they must accrue 152 hours (i.e., four weeks x 38 hours) at the rate of 2.923 hours for each 38 ordinary hours worked.
25.5.2 Except for the following, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:
25.5.2(a) In a twelve months period the employee is entitled to have off up to 152 ordinary working hours because of sickness or accident and this will be counted as time worked;
25.5.2(b) Any period for which annual leave was recredited in accordance with 25.12.
25.6 Public holidays falling in a period of leave
25.6.1 If any public holiday prescribed by 7.5 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.
25.6.2 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 employees ordinary starting time on the working day immediately following the last day of the period of annual leave, the employee will not be entitled to be paid for the holiday or holidays.
25.7 Annual leave in one or more separate periods
25.7.1 Annual leave is to be given by the employer and taken by the employee in up to four separate periods.
25.7.2 If the employer and an employee so agree the annual leave entitlement may be given and taken in more than four separate periods including up to a maximum of ten single days.
25.7.3 However one period of annual leave must be at least seven consecutive days, including non- working days.
The annual leave provided by this clause must be taken as leave and except as provided by 25.11 and 25.12, payment will not be made or accepted in lieu of annual leave.
25.9 Time of taking leave
[25.9 substituted by PR968097 ppc 09Mar06]
25.9.1 Annual leave will be given at mutually agreed time within a period not exceeding one year from the date when the right to leave accrued and after not less than four weeks notice to the employer.
25.9.2 By agreement between an employer and employee, annual leave may be taken at any time provided it is done within two years from the date when the right to leave accrued.
25.10 Leave allowed before due date
25.10.1 An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the twelve months in respect of which the annual leave or part of it had been taken before it accrued.
25.10.2 Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required twelve months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under 25.11 the employer will not be liable to make any payment to the employee under 25.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.
25.11 Proportionate leave on termination
An employee other than a casual who:
25.11.1 After one week's continuous service in the first qualifying twelve monthly period with an employer, lawfully leaves the employment of the employer, or is terminated by the employer through no fault of the employee; or
25.11.2 After twelve months continuous service with an employer, leaves the employment of the employer or is terminated by the employer for any reason;
will be paid 2.923 hours for each 38 ordinary hours worked and in respect of which leave had not been granted under this clause at the appropriate rate of wage calculated in accordance with 25.3.
25.11.3 If the employee has been employed as a shift worker for the whole of the period for which the employee is entitled to proportionate leave, at their ordinary rate of wage for, 3.653 hours for each five ordinary working days worked in respect of which leave has not been granted under this clause.
25.12 Personal leave during annual leave
[25.12 Sick leave during annual leave title changed and substituted by PR968097 ppc 09Mar06]
25.12.1 If an employee suffers from illness or injury while on annual leave and produces, at the time, satisfactory medical evidence, the employee may be granted, at a time convenient to the employer, additional leave equivalent to the period of illness or injury within the period of scheduled annual leave.
25.12.2 The absence will be recorded as personal leave for personal illness or injury, subject to personal leave credits.
