AP806313CRV - National Fast Food Retail Award 2000
33.1 In addition to the public holidays specified in this award all employees not otherwise entitled to recreation leave under this award, must be entitled to leave of absence on full pay for a period equal to four working weeks exclusive of public holidays where any employee has been in the continuous employment of the employer during the preceding twelve months.
33.2 Continuous employment as specified in this clause means constant weekly employment until the termination of an engagement. Absences up to one month owing to illness covered by a medical certificate under two days' absence, or 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 that accumulation; three months owing to injury received in the course of his/her employment; or one month owing to other causes for which leave has been granted by the employer concerned, will not be considered as breaking the continuity of employment.
33.3 Time of taking leave
[33.3.1 substituted by PR966844 ppc 09Dec05]
33.3.1 Annual leave must be taken at a time mutually agreed upon by the employer and the 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 was due and after not less than six (four in the case of NSW) weeks' notice to the employee, provided that by agreement between the employer and the employee, annual leave may be taken at any time within a period of 24 months from the date at which it falls due.
[33.3.2 substituted by PR966844 ppc 09Dec05]
33.3.2 Annual leave must be given and taken in a continuous period or, given and taken in two separate periods provided that annual leave can be given and taken to include up to 10 single days.
33.3.3 In cases where the employer and employee have agreed on two separate periods of leave, one of the periods must be not less than two consecutive weeks exclusive of any public holiday or holidays which may occur during that period of leave. Any two of these periods of leave will be granted to an employee within six months from the date when the right to annual leave occurred.
33.4 Proportionate annual leave on termination
33.4.1 An employee must, on termination of employment, be paid annual leave on the basis of:
33.4.1(a) the employees current ordinary pay for the period of annual leave not taken; and
33.4.1(b) one-twelth of the employees ordinary pay for the period of employment since the employee last became entitled to annual leave or where the employee has been employed for less than a year for the period of employment.
33.4.2 Before an employee proceeds on annual leave he/she must be paid any moneys then due to him/her for the annual leave being taken or which may accrue due to him/her during his/her period of leave.
33.5 Payment in lieu of annual leave
Payment in lieu of annual leave must not be made by an employer and not accepted by an employee except under this clause. An employee must not offer his/her services to any other employer during the period he/she is on paid annual leave and an employer must not engage an employee who is on paid annual leave.
33.6 Annual leave loading
33.6.1 During a period of annual leave an employee must receive a loading of 17-1/2% calculated on the appropriate rate of wage prescribed relevantly by 15.1.1, 15.1.3, 15.2.1, 15.2.2 or 15.4.1.
33.6.2 Except in New South Wales, the loading prescribed by this paragraph applies to proportionate leave on termination of employment where employment is terminated by the employer but it does not apply where the reason for termination is misconduct or wilful disobedience.
33.6.3 In the event of any dispute arising in connection with any part of this clause, the dispute must be referred to the Commission within fourteen days of the dispute occurring for determination.
33.6.4 Annual leave entitlement-payment to casuals
The entitlement of a casual employee under this clause may, at the election of the employer, be paid to the employee by increasing the hourly rate of pay by one-twelfth of the appropriate ordinary hourly rate payable to a weekly employee.
