AP818787CRV - Clerks (Road Transport Industry) Award 2002
PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
26. ANNUAL LEAVE
26.1 Period of annual leave
In addition to the public holidays prescribed in clause 29 - Public holidays, an employee, other than a casual employee, will be entitled to leave of absence on full pay for a period equal to four working weeks for each continuous twelve months’ service (less the period of annual leave) with an employer.
26.2 Payment for period of annual leave
Before an employee proceeds on annual leave he or she will be paid any monies then due in respect of the annual leave being taken or which may accrue due during the period of leave.
26.3 Annual leave loading
26.3.1 On taking a period of annual leave an employee will be paid a loading at his or her ordinary rate of pay for each completed year of service for which annual leave is payable, as follows:
26.3.1(a) Day workers
An employee who would have worked on day work only had the employee not been on leave - a loading of 17-1/2%.
26.3.1(b) Shift workers
An employee who would have worked on shift work had the employee not been on leave - the greater of:
26.3.1(b)(i) a loading of 17-1/2%; or
26.3.1(b)(ii) the shift loading as prescribed in 22.3.4, that would have been payable for the shifts worked had the employee not been on leave.
26.3.2 The loadings prescribed by this clause, will not apply to proportionate leave on termination, but will apply to full periods of leave accrued.
26.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
26.4 Time of taking annual leave
[26.4 varied by PR966530 ppc 26Dec05]
Annual leave will be taken at a time mutually agreed upon between the employer and the employee, or in the absence of agreement at a time fixed by the employer within a period not exceeding two years from the date when the right to annual leave accrued and after not less than six weeks notice to the employee.
26.5 Annual leave in one or more separate periods
26.5.1 Annual leave may, by agreement between the employer and the employee, be taken in one, two or three separate periods, one of which will be not less than two weeks.
[26.5.2 varied by PR966530 ppc 26Dec05]
26.5.2 An employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding a total of 10 days in any calendar year at a time or times agreed between them.
26.6 Annual leave allowed before due date
An employer may allow an employee to take annual leave in advance before the annual leave becomes due. In such a case, a further period of annual leave will not commence to accrue until after the expiration of the twelve months in respect of which annual leave has been taken before it accrued.
26.7 Rostered days off
26.7.1 Upon an employee taking annual leave, the work cycle in respect of which the employee becomes entitled to a weekly accrual for a rostered day off pursuant to 21.5, will be suspended and the employee will not be entitled to further accrual until the employee’s return from annual leave.
26.7.2 Upon resumption of work, the entitlement of accrual will resume and the employee will be entitled to be rostered to take a day off, and so will take a rostered day off upon completing the balance of the work cycle.
26.8 Annual leave on termination of engagement
26.8.1 Should an employee not complete twelve months service he or she will on the termination of engagement be entitled to pay on the basis of one twelfth of the total amount paid as ordinary rate of pay from the date of engagement.
26.8.2 In the computation of pro rata annual leave, the period of any previous annual leave which may be involved will be computed as a period of service.
26.9 Records of annual leave
An employer must, for each employee, keep or cause to be kept an annual leave record showing the date of commencement of employment, the date on which the last leave became due, and the date upon which the last leave was taken.
