AP811245 - Timber Industry – CFMEU Wood Panels – Award 2000
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
33. ANNUAL LEAVE
33.1 Annual leave entitlement - general
Except as hereinafter provided, a period of 152 hours leave shall be allowed annually to an employee (other than a casual employee) on weekly hire after twelve months continuous service (less the period of annual leave).
33.2 Annual leave entitlement - seven day shift workers
33.2.1 In addition to the leave prescribed in 30.1 continuous shift workers, as defined in subclause 30.3.2 - Hours - shift work, shall be allowed an additional 38 hours leave.
33.2.2 Where an employee with twelve months continuous service is engaged for part of the twelve months period as a continuous shift worker the employee shall be entitled to have the period of annual leave prescribed in this clause hereof increased by 3.1667 hours for each month the employee is continuously engaged as aforesaid.
33.3.1 Each employee before going on leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period.
33.3.2 For the purpose of this clause, wages shall be calculated by including the following where applicable:
33.3.2(a) In respect of any employee, the rate prescribed by clause 19 - Classifications and wage rates, of this award for the work in which the employee was ordinarily employed immediately prior to the commencement of leave or the termination of employment as the case may be.
33.3.2(b) The rate prescribed for work in ordinary time by clause 24 - Hours - day workers, or clause 30 - Hours - shift work, of this award including shift premiums according to the employee’s roster or projected roster including Saturday, Sunday or public holiday shifts, leading hand, tool and first aid allowances where applicable.
33.3.2(c) Any other rate to which the employee is entitled in accordance with the contract of employment for ordinary hours of work provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by clause 27 - Overtime, day workers, Saturday, Sunday and holiday payments, of this award, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.
33.4.1 During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by 33.4 of this clause in the following manner:
33.4.1(a) Day workers
An employee who would have worked on day work only had the employee not been on leave shall receive a loading of 17.5 per cent.
33.4.1(b) Shift workers
An employee who would have worked on shift work had the employee not been on leave shall receive a loading of 17.5 per cent or the said shift premium, whichever is the greater.
33.4.2 The loading prescribed by this clause shall not apply to any public holiday occurring during a period of annual leave.
33.4.3 The loading prescribed by this clause shall apply on termination to an employee with not less than one month’s service with the employer.
33.5 Time of taking annual leave
33.5.1 Except where agreement is reached in accordance with clause 11 - Consultative mechanisms and procedures in the workplace, of this award, annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to annual leave accrued and after not less than one month’s notice to the employee.
[33.5.2 varied by PR969388 ppc 10Mar06]
33.5.2 Provided that where the annual leave is given in two or more parts in accordance with 33.10 of this clause, the first part of the leave shall be given within a period not exceeding six months from the date the right to annual leave accrued and after not less than one month’s notice to the employee, and the total period of leave shall be given within a period not exceeding nine months from the date the right to annual leave accrued and after not less than one month’s notice to the employee.
33.5.3 Provided further that except where an employee makes application for annual leave, no employee shall be given annual leave during a period in respect of which the employee is entitled to be paid workers compensation or accident pay.
[New 33.6 inserted by PR969388 ppc 10Mar06]
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 annual leave for a maximum of two years from the date of entitlement.
33.7 Annual leave exclusive of public holidays
[33.6 renumbered as 33.7 by PR969388 ppc 10Mar06]
Annual leave shall be exclusive of public holidays as prescribed in clause 37 - Public holidays, of this award.
[33.7 renumbered as 33.8 by PR969388 ppc 10Mar06]
The annual leave provided for by this clause shall be allowed and shall be taken and except as provided by 33.13 of this clause, payment shall not be made or accepted in lieu of annual leave.
33.9 Annual leave taken before due date
[33.8 renumbered as 33.9 by PR969388 ppc 10Mar06]
33.9.1 An employer may allow annual leave or part thereof to an employee before the right thereto has accrued provided that the employer is not required to provide leave in excess of the entitlement provided for in 33.1 and 33.2 of this clause.
33.9.2 Where annual leave or part thereof has been granted to an employee pursuant to this clause 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; 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 the employee pursuant to 33.13 of this clause the employer shall not be liable to make any payment to the employee under 33.13 of this clause, and shall be entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of the employment.
[33.9 renumbered as 33.10 by PR969388 ppc 10Mar06]
Annual leave shall be given and taken in not more than two separate periods unless agreed by the employee or agreement is reached in accordance with clause 11 - Consultative mechanisms and procedures in the workplace.
33.11 Calculation of continuous service for annual leave
[33.10 renumbered as 33.11 by PR969388 ppc 10Mar06]
33.11.1 For the purposes of this clause service shall be deemed to be continuous notwithstanding:
33.11.1(a) any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;
33.11.1(b) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or
33.11.1(c) any absence with reasonable cause proof whereof shall be upon the employee.
33.11.2 In cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this clause shall inform the employer in writing, if practicable, within 48 hours of the commencement of such absence of the inability to attend for duty, and as far as practicable the nature of the illness, injury or cause, and the estimated duration of the absence.
[33.11 renumbered as 33.12 by PR969388 ppc 10Mar06]
An employer may close down the plant or a section thereof, for the purpose of allowing leave to employees in accordance with the following provisions:
33.12.1 Unless otherwise determined by agreement in accordance with clause 11 - Consultative mechanisms and procedures in the workplace, the employer may, by giving not less than three months notice either close down for one period or for two separate periods.
33.12.2 Each employee affected shall be credited with 2.923 hours leave for each completed week of continuous service for which leave has not already been granted.
33.12.3 Except to the extent that an employee has leave to credit under the provisions of clause 33.2 hereof at the date of the close down, the employee shall be stood off without pay during the period of any close down.
33.12.4 All time during which an employee is stood off without pay in a close down period shall, for the purpose of annual leave credits be deemed to be time worked.
33.12.5 Unless otherwise agreed where a close down is observed during the Christmas - New Year period the leave granted shall be not less than fourteen consecutive days exclusive of public holidays except that where an employee is not entitled to fourteen consecutive days leave at such close down, the employee may be granted leave then accrued in accordance with 33.2 of this clause.
33.13 Proportionate annual leave on termination
[33.12 renumbered as 33.13 by PR969388 ppc 10Mar06]
If after one month’s continuous service an employee leaves the employment or employment is terminated by the employer, the employee shall be paid 2.923 hours at the ordinary rate of wage applicable in accordance with clause 33.3 hereof for each completed week of continuous service in respect of which annual leave has not been granted under this clause.
33.14 Personal leave during annual leave
[33.13 renumbered as 33.14 and varied by PR969388 ppc 10Mar06]
33.14.1 An employee who becomes ill for not less than three consecutive days whilst on annual leave shall be granted personal leave for the period of illness.
33.14.2 In the case of illness occurring whilst an employee is on annual leave, the employee shall, within one day of resuming work following such annual leave provide the employer a medical certificate certifying that for a period of not less than three consecutive days specified in such certificate the employee would have been unable to attend work had the employee been required to do so.
33.14.3 For the purpose of this clause “illness” includes personal injury but does not include an injury for which compensation is payable under the relevant State Workers Compensation Act.
33.14.4 Any loading on such annual leave payment shall be deducted from the employee’s next pay after the return to work.
