AP799643 - Teachers (English Colleges) Award 1999
[10.1 substituted by PR969571 ppc 20Dec05]
10.1 A teacher (other than a casual teacher) shall be entitled after the completion of each twelve months continuous service to paid annual leave for 20 working days, exclusive of public holidays. If the employer and employee so agree the annual leave entitlement may be given and taken in separate periods including a maximum of up to ten single days.
[10.2 substituted by PR969571 ppc 20Dec05]
10.2 Annual leave shall be taken at a time determined by mutual agreement between the employer and the teacher within a period not exceeding six months from the date when the right to annual leave accrued, or in the absence of agreement by 28 days notice of the requirement to take leave from the employer to the teacher, provided that such annual leave may be deferred by mutual agreement in writing between employer and teacher.
10.2.1 To assist employees in balancing their work and family responsibilities, an employee with an entitlement to four weeks annual leave may elect, with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of entitlement.
10.2.2 To assist employees in balancing their work and family responsibilities, an employee may elect, with the consent of their employer, to take annual leave in separate periods, including up to a maximum of ten single days.
10.3 Should a teacher not complete any period of twelve months service the teacher shall, on the termination of employment, be entitled to pay in lieu of annual leave on a pro rata basis.
10.4 The employer shall pay the teacher in advance before commencement of the annual leave at the teacher's ordinary rate of pay.
10.5 Where a college or part of it is temporarily closed down for the purpose of annual leave, teachers may be required to take accrued or pro rata annual leave to which they are entitled under the provisions of this clause during the period of close-down. A teacher who does not have an entitlement to annual leave for part of the close-down may be stood down without pay, but such period shall not break the continuity of service of the teacher.
10.6 Subject to the provision of 10.7, in no case shall the payment by an employer to a teacher be less than the sum of the following amounts:
10.6.1 The teacher's ordinary rate of salary as prescribed by the award for the period of annual leave.
10.6.2 A further amount calculated at the rate of 17.5% of the amount referred to in 10.6.1.
10.7 The provisions of 10.6.2 shall not apply in the following circumstances:
10.7.1 To any teacher who is already receiving an annual holiday bonus, loading or other annual leave payment which is not less favourable to the teacher.
10.7.2 In respect of that portion of a pro rata annual leave entitlement payable on termination of a teachers' employment, which relates to a period of service less than twelve months.
