AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
22.1 A period of 28 consecutive days' leave including non-working days shall be allowed to an employee after 12 months' continuous service. Such 28 days' leave shall be exclusive of the off-duty period associated with the preceding duty period.
22.2 Employees to whom 22.1 applies shall, before going on leave, be paid the wages and living away from home allowance they would otherwise have been paid had they not been absent.
22.3 Annual leave shall be given and taken in a continuous period, or if the employer and employee so agrees, in two separate periods and shall be given and taken within six months of falling due.
22.4 If in the first qualifying twelve monthly period with an employer employees lawfully leave the employment of the employer or their employment is terminated by the employer through no fault of the employees, they shall, in respect of the period worked, be paid the cash equivalent of annual leave in the same proportion which the period worked bears to a year. Such payment shall be calculated in the same manner as the payment 21.2. Provided that the Living Away From Home Allowance shall not be included.
22.5 If after the first qualifying 12 monthly period with an employer employees leave their employment or their employment is terminated by the employer for any reason whatsoever during any qualifying period for annual leave, they shall, in respect of the period worked, be paid the cash equivalent of annual leave in the same proportion which the period worked bears to a year. Such payment shall be calculated in the same manner as the payment prescribed in 22.2. Provided that the Living Away From Home Allowance shall not be included for portions of less than a complete period of 12 months' continuous service.
