AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
36.1 A period of 28 consecutive days' leave, including non-working days, shall be allowed annually to an employee after twelve months' continuous service in any one or more of the occupations to which this part applies.
36.2 Subject to this subclause the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by 38 and if any such holidays fall within an employee's period of annual leave and is observed on a day which, in the case of that employee, would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.
36.3 Where a holiday falls as aforesaid and employees fail without reasonable cause (proof whereof shall be upon them) to attend for work at their ordinary starting time on the working day immediately following the last day of their period of annual leave, they shall not be entitled to be paid for any such holiday.
36.4 The annual leave shall be given and taken in a continuous period, or if the employee and the employer so agree, in two separate periods. It shall be given and taken within six months of falling due.
36.5 Employees to whom 36.1 applies shall, before going on leave, be paid the wages they would otherwise have been paid pursuant to 29 had they not been absent, plus an annual leave loading of 17.5 per cent of that amount.
36.6 If employees:
36.6.1 After one weeks' employment in their first qualifying twelve month period with an employer lawfully leave the employment of the employer or their employment is terminated by the employer through no fault of the employee; or
36.6.2 After twelve months continuous service with an employer leave their employment or their employment is terminated by the employer, they shall be paid pro rata to their period of service at the rates prescribed in 29.
