AP799690 - Transport Workers’ (Oil Companies) Award 1998
PART 6 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
21. ANNUAL LEAVE
21.1 Period of leave
21.1.1 On or after the completion of each twelve months continuous service an employee, other than a seven-day shift worker, shall be granted four weeks paid leave. Provided that an employee shall not be granted more than 140 hours of paid leave.
21.1.2 On or after the completion of each twelve months continuous service an employee engaged on seven-day shift work shall be granted five weeks paid leave. Provided that an employee shall not be granted more than 175 hours of paid leave.
21.2 Amount of leave - seven-day shift workers
An employee engaged on seven-day shift work shall be entitled to five weeks leave on or after the anniversary of each twelve months’ continuous service with the employer on such shift work. When an employee is engaged on such shift work for less than a twelve months’ continuous service period, the five weeks of leave shall be reduced by the proportion of time spent on other than seven-day shift works as that proportion bears to a year.
21.3 Annual leave loading
An employee proceeding on annual leave in accordance with this clause shall receive a loading of twenty-two and a half per cent (22½%) on the employee’s ordinary time weekly rate of pay.
21.4 Leave in advance
Annual leave (or a portion thereof) may be granted to an employee within a period of twelve months’ continuous service prior to the anniversary date. When the full entitlement of leave has been granted, no further entitlement shall arise for that employee until he or she has completed a further twelve months’ continuous service from that anniversary date.
21.5 Rate of annual leave pay
A seven-day shift worker shall, for annual leave periods, be paid the same as if the employee had worked in accordance with a shift roster for the period of leave but not including any payment in respect of overtime which would otherwise have been worked by the employee under that shift roster.
21.6 When payment of annual leave is to be made
On the pay day immediately preceding the commencement of any portion of annual leave payment shall be made in advance for the period of leave.
21.7 Holidays occurring during annual leave
21.7.1 When a holiday prescribed in a relevant award falls within an employee’s period of annual leave, there shall be added to the period of leave, time equivalent to the ordinary time which, in the case of that employee, would have been an ordinary working day or shift and form part of the total leave period.
21.7.2 By mutual agreement between the employer and the employee, the addition to the annual leave time may be waived and payment for the equivalent time worked by the employee immediately following the end of the leave period shall be at the rate of double time in addition to the employee’s ordinary rate of pay.
21.7.3 This clause shall apply only where the employee reports for work on the first working day (or rostered-on shift) immediately following the end of the leave period. An employee failing to report for work at the appointed time on that day or rostered shift without reasonable cause, the employer will be entitled, for that holiday so occurring to deduct any payment made or not give effect to any payment.
21.8 Payment for leave not taken
Payment in respect of any annual leave accrued and not taken shall only be made to an employee upon termination of employment and paid for at the employee’s ordinary-time rate of pay.
21.9 Broken leave
The annual leave shall be given, and taken, in a continuous period or, if the employee and the employer so agree, in two periods and not otherwise.
21.10 Annual leave not applicable to casual employees
The provisions of this clause do not apply to employees engaged as casuals.
21.11 Annual leave entitlement - termination of service
An employee, whose services are terminated or who leaves the service of the employer during the course of any qualifying period, will receive a cash equivalent of the leave in respect of the period worked in the proportion which that period bears to a year. Pro rata payments made on termination will be at ordinary-time rates.
21.12 Limitation on taking annual leave
Annual leave will be given by the employer in not more than two periods.
21.13 Entitlement period for periods of accrual of annual leave
Annual leave will be granted as soon as practicable after accrual but not later than six months of becoming due.
At least six months notice will be given of the commencement of annual leave. An employee and the employer may agree that less than six months’ notice can be given in individual cases.
21.14 Restriction of payment in lieu of annual leave
Except as provided in 21.7 hereof, payment will not, in any circumstances, be made in lieu of annual leave.
21.15 Annual leave accrual / carrying forward
[Sec II:21.15 inserted by PR969218 ppc 01Mar06]
To assist employees in balancing their work and family responsibilities, an employee 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.
21.16 Annual leave
[Sec II:21.16 inserted by PR969218 ppc 01Mar06]
21.16.1 Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.
21.16.2 Access to annual leave, as prescribed in 24.3.1 hereof, shall be exclusive of any shutdown period provided for elsewhere under this award.
21.16.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
21.17 Time off in lieu of payment for overtime
[Sec II:21.17 inserted by PR969218 ppc 01Mar06]
21.17.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
21.17.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
21.17.3 An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under 21.17.1 hereof where such time has not been taken within four weeks of accrual.
21.18 Make-up time
[Sec II:21.18 inserted by PR969218 ppc 01Mar06]
21.18.1 An employee may elect, with the consent of their employer, to work make-up time, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.
