AP813963 - Crisis Assistance, Supported Housing Award 2002
PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
21. ANNUAL LEAVE
21.1 Amount of leave
21.1.1 Full-time and part-time employment
21.1.1(a) Full-time employees will be entitled to four weeks annual leave on full pay for each continuous twelve months service with an employer.
21.1.1(b) Part-time employees will be entitled to four weeks paid annual leave calculated on the basis of the weekly average number of hours worked for each continuous twelve months service with an employer.
21.1.2 Exception
Full-time and part-time employees in the Northern Territory who work the majority of their hours as night shift will be entitled to six weeks annual leave.
21.2 Leave in advance
21.2.1 Any full-time or part-time employee who has completed at least one month of continuous service may, on written application to the employer, be granted annual leave on a pro rata basis prior to the completion of any period of a full twelve months’ service.
21.2.2 Where such pro rata annual leave is granted by the employer:
21.2.2(a) the employee will be entitled to payment of annual leave loading in accordance with clause 21.6; and
21.2.2(b) the period of pro rata annual leave will be deducted from the annual leave otherwise payable at the end of that period of twelve months service.
21.2.3 Approval of any application for pro rata annual leave in accordance with clause 21.2 will be subject to the employer’s convenience and will not unreasonably affect the operation of the project concerned. Such leave will not be unreasonably withheld.
21.3 Public holidays during annual leave.
The annual leave prescribed in clauses 21.1 and 21.2 will be exclusive of any of the public holidays prescribed in clause 25. If a public holiday, falls within a period of annual leave and is on a day that would have been an ordinary working day, then extra time equivalent to the public holiday is added to the employee’s annual leave.
21.4 Taking annual leave
21.4.1 The annual leave provided for in this clause will be allowed by the employer and will be taken by the employee.
21.4.2 Except as provided by clause 21.5, payment will not be made or accepted in lieu of annual leave.
21.4.3 Annual leave will be given at a time determined by mutual agreement between the employer and the employer.
21.4.3(a) Except as provided at clause 21.4.3(b), annual leave must be taken within a period not exceeding six months from the date when the right to annual leave accrued.
[21.4.3(b) varied by PR970710 ppc 22Dec05]
21.4.3(b) Annual leave may be deferred for more than two years by mutual agreement in writing between employer and employee.
[21.4.3(c) inserted by PR970710 ppc 22Dec05]
21.4.3(c) Annual leave may be taken in single day periods not exceeding ten days in any calendar year at a time or times agreed between the employer and the employee.
21.5 Termination of employment
21.5.1 Should an employee not complete any period of twelve months service, he or she will be entitled on termination to pay in lieu of annual leave on a pro rata basis for each completed month of service.
21.5.2 Clause 21.5.1 applies only if the employee has been employed continuously for one month or more.
21.6 Annual leave loading
21.6.1 In addition to the payments prescribed in clauses 21.1 and 21.2, an employee proceeding on annual leave will receive a loading of 17.5 per cent of annual leave.
21.6.2 Payments under clause 21.6.1 are subject to a maximum payment of the equivalent of the Australian Bureau of Statistics male average weekly total earnings for the August quarter of the year preceding the year in which the date of accrual occurs. Where leave accrual is less than for the full year, this maximum is applied on a pro rata basis.
21.6.3 The provisions of clause 21.6.1 will not apply in respect of pro rata payments of annual leave entitlements on termination of employment.
21.7 Illness or injury during annual leave
21.7.1 Where an employee falls sick or suffers an injury while on annual leave and provides a medical certificate to show that he or she is or was incapacitated for at least five days to the extent that he or she would be unfit to perform normal duties, the employee will be granted additional leave equivalent to the period of incapacity at a time convenient to the employer.
21.7.2 Subject to sick leave credits, the period of certified incapacity will be paid for and debited as sick leave.
