AP820387 - Clerks’ (Oil Companies) Award 2002
31.1 An employee (other than a casual employee), after completing each twelve months’ continuous service with his/her employer, will be granted four weeks’ leave on full pay exclusive of any of the holidays prescribed in clause 36 - Holidays. By mutual agreement between an employee and his/her employer, the employee, instead of having the additional time added to his/her annual leave may work instead and be paid at the appropriate rate prescribed by 31.2 or by 36.3 of clause 36 - Holidays, as appropriate.
31.1.1 Annual leave will be granted by the employer in not more than two periods.
31.1.2 In addition to the leave prescribed above, a seven-day shift worker (i.e. is a employee working rostered shifts necessitating regular rostered Sunday and holiday work as part of his/her ordinary hours) after completion of each twelve months of continuous service referred to in 31.1, will be granted an extra week’s leave. Where an employee is engaged for part only of the twelve months period as a seven-day shift worker, the extra leave will be the same proportion of a week as the proportion which the time spent as a seven-day shift worker during the period bears to a year.
31.1.3 An employee whose services are dispensed with, or who leaves the service of an employer during the course of any qualifying period, will receive the cash equivalent of such leave in respect of the period worked in the proportion which that period bears to a year.
[31.1.4 inserted by PR966529 ppc 26Dec05]
31.1.4 By agreement with the employer and employee, annual leave may be taken at any time within a period of 24 months from the date at which it falls due.
31.2 Before an employee proceeds on annual leave, he/she will be paid any salary due to him/her or which may accrue due to him/her during his/her period of leave. For a seven-day shift worker, annual leave payments will be the amount which the employee concerned would have received had he/she worked his/her actual roster but excluding overtime and penalty payments which the employee would have received for working on holidays had he/she not proceeded on leave.
31.2.1 Pro rata payments made on termination will be at ordinary-time rates.
31.3 Except in the case of mutual consent to the contrary, no employee will be required to go on annual leave unless at least three months’ notice is given. Each employee will be asked to state when he or she desires annual leave and the employer will, as far as practicable, arrange such leave to suit the convenience of the employee.
31.3.1 An employer may, in the case of emergency, postpone, for a temporary period, the date appointed for the commencement of annual leave by an employee. Any loss of accommodation or transport expenses occasioned by, or incidental to, such cancellation will be made good to the employee by the employer.
31.4 An employer may grant to an employee his/her annual leave or, subject to 31.1, a part thereof, before the right to the leave has fully accrued but where the leave or part thereof is taken, a further period of annual leave will not commence to accrue until after the expiration of the twelve months in respect of which the leave, or part leave, was granted in advance.
31.4.1 Where annual leave, or part thereof, has been granted to an employee pursuant to this subclause before the right to the leave has been accrued due and:
31.4.1(a) the employee subsequently leaves, or is discharged, before completing the twelve months’ continuous service in respect of which the leave, or part leave, was granted; and
31.4.1(b) the sum paid by the employer to the employee for the leave, or part leave, taken in advance exceeds the sum which the employer is required to pay to the employee under 31.1.3;
31.4.1(c) the employer will not be liable to make any payment to the employee and may deduct the amount of such excess, but excluding any sums paid for any of the holidays prescribed by clause 36 - Holidays, from any remuneration payable to the employee on termination of the employment.
31.5 The provisions of this subclause will apply only to an employee transferred to Darwin by an employer respondent to this award. The provisions of 31.5.1 and 31.5.2 will not apply to any employee who is otherwise entitled to free air travel by reason of his/her spouse’s employment.
31.5.1 Subject to the provisions of 31.5.5, when an interstate trip is actually undertaken by the employee, the employer will reimburse the Darwin to capital city of engagement (or agreed capital city) airfare after each two years of continuous service in Darwin for the employee, his/her spouse and dependant children under eighteen years of age. For the second or subsequent interstate leave trip, the employer’s liability for airfares will not exceed what it would cost at the time the second subsequent interstate leave trip is made to send the employee and members of his/her family then eligible for free transportation to the capital city recognised for the first interstate trip.
31.5.2 Should such employee agree to return to Darwin in the employ of his/her employer at the conclusion of an interstate leave for a further term of engagement, the employer will pay the cost of the airfare for the employee, his/her spouse and dependant children under eighteen years of age necessary to return them to Darwin subject to the same limitations as provided in 31.5.1 for a second or subsequent interstate trip, as the case may be. Should such employee elect to travel on his/her interstate leave in his/her own vehicle, and should he/she, for any reason, not complete the Darwin to capital city trip then, on returning to his/her employment in Darwin, he/she will not be entitled to the equivalent of the capital city to Darwin fare outlined above.
31.5.3 In addition to his/her period of annual leave, an employee travelling interstate on annual leave will be granted a time allowance equal to that required to complete by air the journey Darwin to capital city with a maximum payment of eight hours at ordinary-time rates. These same provisions will apply to a return journey undertaken in accordance with the provisions of 31.5.2.
31.5.4 Should an employee’ employment be terminated during the second, or subsequent, period of qualification for interstate leave, the employer may retain from any moneys in hand such proportion of the capital city to Darwin fares as prescribed by this subclause to be paid for the last interstate leave, as the employee’s period of employment, since his/her last interstate leave, is short of six months.
31.5.5 For the purposes of this subclause annual leave may be accumulated by an employee for the purpose of an interstate trip as mentioned in 31.5.1, provided such accumulation is limited to a maximum of eight weeks in respect of day workers and other than seven-day shift workers or ten weeks for seven-day shift workers. Annual leave so accumulated will be granted, and taken, within a period not exceeding six months from the date such accumulation reaches the maximum number of weeks prescribed in this paragraph applicable to the employee.
31.5.6 For the purpose of this clause service will mean service in any capacity in the employment of the employer granting the annual leave.
31.5.7(a) A loading of 22.5% will be payable in relation to an accured leave benefit under this clause.
31.5.7(b) A shift worker who is paid his/her shift premium payments while on annual leave will not receive any additional payment under the provisions of this subclause unless these shift premium payments do not amount to the equivalent of 22.5% - in which case he/she will be paid only such additional amount as is necessary to bring shift premium payments to the equivalent of 22.5%.
31.5.7(c) An employee, whose services are terminated (either by the employee or by his/her employer) after having accrued a full year’s annual leave will receive the above payments in respect of that benefit. Pro rata payments in lieu of annual leave on termination of employment will be paid for only at the employee’s ordinary-time rate of pay.
