AP805733 - Commercial Travellers (A.C.T.) Award 2000

PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

26. ANNUAL LEAVE

26.1 Period of leave

In addition to the public holidays prescribed by clause 30 - Public holidays of this award, an employee, other than a casual, shall be entitled to leave of absence on full pay for a period equal to four working weeks for each continuous twelve months service (less the period of annual leave) with an employer.

26.2 Calculation of continuous service

Continuous service, as specified in 26.1 means constant weekly employment until the termination of an engagement.

26.2.1 The following shall not be deemed to break the continuity of employment:

26.2.1(a) Absences up to one month owing to illness covered by a medial certificate after two days absence;

26.2.1(b) An absence with a medical certificate extending beyond one month in the case of an employee with an accumulation of sick leave to the extent of such accumulation;

26.2.1(c) Three months absence owing to injury received in the course of the employment; or

26.2.1(d) One month’s absence owing to other causes for which leave has been granted by the employer concerned.

26.3 Pro rata entitlements

26.3.1 Should an employee not complete twelve months service the employee shall on the termination of an engagement, provided that the employee has been employed continuously for one month or more, be entitled to pay on a pro rata basis for each completed month of service.

26.3.2 In the computation of pro rata leave, the period of any previous annual leave which may be involved shall be computed as a period of service.

26.4 Time of taking annual leave

26.4.1 Annual leave shall be taken at a time mutually agreed upon by the employer and employee, and in the absence of agreement at a time fixed by the employer, within a period not exceeding six months from the date when the right to annual leave accrued due and after not less than six weeks notice to the employee.

26.4.2 Annual leave shall be taken in a continuous period, or, in the event of an agreement between an employer and an employee, in more than two separate periods. Provided that upon a request by an employee an employer may grant that employee a maximum of three single days in any one year as part of the annual leave period due to that employee.

26.4.3 In cases where an employer and an employee have agreed on two or more separate periods of leave, one of the periods shall be not less than two consecutive weeks exclusive of any public holiday or holidays which may occur during such period of leave. Any such periods of leave shall be granted to an employee within six months from the date when the right to annual leave occurred.

26.5 Close down period

Notwithstanding the provisions of 26.4 an employer may by two months notice in writing exhibited on a noticeboard in his or her project or business declare that his or her project or business shall observe a complete Christmas - New Year close-down period at the next following Christmas - New Year. In a New Year close-down such employee shall, provided that the employee has been employed continuously for one month or more, be entitled to leave on a pro rata basis for each month of continuous service and such an employee may be stood off for the duration of the close-down period, provided that any such employee shall be paid for all public holidays occurring during the close-down period.

26.6 For the purposes of 26.5, close-down shall be deemed to mean a period of not less than three consecutive weeks, exclusive of public holidays, commencing not earlier nor later than two clear working days before Christmas Day. Provided that the close-down period may not extend for longer than two consecutive weeks, exclusive of public holidays, where the employees agree with their employer that annual leave may be taken in two periods.

26.6.1 Where agreement is reached between the employer and employees, the employer may close down a particular project, establishment or business for a period of two consecutive weeks at Christmas - New year exclusive of public holidays and grant the remaining weeks leave at some other time of the year within six months from the date when the right to annual leave first occurred.

26.7 Leave allowed before due date

An employer may allow annual leave to an employee before the right thereto has accrued due but where leave is taken in such a case, a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.

26.7.1 Where leave has been granted to an employee pursuant to this subclause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer, before completing the twelve months continuous service in respect of which the leave was granted, the employer may for each completed month of the qualifying period of twelve months not served by the employee deduct whatever remuneration is payable upon the termination of the employment one-twelfth of the amount of wage paid on account of the annual leave, which amount shall not include any sums paid for any of the public holidays prescribed by this award.

26.8 Payment instead of leave

Payment in lieu of annual leave shall not be made by an employer nor accepted by an employee except in accordance with all the requirements of this clause. An employee shall not offer his or her services to any other employer during the period an employee is on paid annual leave and an employer shall not knowingly engage an employee who is on paid annual leave.

26.9 Payment and Leave Loading

26.9.1 Before an employee proceeds on annual leave the employee shall be paid any monies then due in respect of the annual leave being taken or which may accrue to the employee during their period of leave.

26.9.2 During a period of annual leave an employee shall receive a loading of 17.5% calculated on the minimum remuneration prescribed by clause 18 - Classifications and wage rates.

26.9.3 The loading prescribed by this subclause shall apply to proportionate leave on termination of employment where employment is terminated by the employer but it shall not apply where the reason for termination is misconduct or wilful disobedience.

26.9.4 This subclause will be effective as to payments for any annual leave falling due and taken on or after the commencement of this award.