AP824076 - Australian Government Employment – Conditions and Salaries Award 2003
Employees will be entitled to paid annual leave for each year of employment calculated in accordance with the following formula:
A X B X C |
D |
Where
A = number of hours per week for period
B = number of calendar days to count as service in period
C = a basic annual leave credit of four weeks
D = number of calendar days in the year
Employees with more than 30 calendar days but less than a year of service will receive a pro rata entitlement.
Where a part-time employee’s yearly accrued annual leave credit provides less than the amount of annual leave available to an equivalent full-time employee, the part-time employee may elect to take the balance of the leave as leave without pay.
19.1.2(a) Leave without pay under 19.1.2 will count as service for all purposes.
19.1.3 Shiftworkers
Shiftworkers will be entitled to an additional half a day paid leave for each Sunday rostered, up to a maximum of five days per year. A rostered overtime shift of three hours or more which commences or ceases on a Sunday will count in the calculation.
19.1.3(a) Part-time employees will be entitled to leave under 19.1.3 only where the employee has a shift pattern involving the regular performance of rostered duty on Sundays and public holidays and involving not less than five shifts per week or an average of not less than the number of shifts per week of an equivalent full-time employee.
Where employment ceases, the employee will be entitled to payment in lieu of annual leave. The employee will be paid the value of any outstanding leave credits, plus that of any pro rata entitlement under 19.1.1 for which the employee is eligible.
19.1.4(a) Payment in lieu will be calculated using the employee’s final rate of salary, including allowances that would have been included during annual leave.
19.1.4(b) Temporary employees
In applying 19.1.4 (Payments in lieu) to temporary employees, the following considerations will be taken into account:
19.1.4(b)(i) Broken service: Employees will be entitled to payment of pro rata credit for any additional calendar days of service, where an employee has had more than one period of engagement since the last accrual date and there exist periods of service of less than 30 calendar days in the previous engagements which have not already been taken into consideration in the computation of payment in lieu of annual leave for the preceding engagements.
Annual leave will be taken at agreed times within three years of the employee becoming entitled to the leave. Annual leave counts as service for all purposes.
If the employer and employee agree, annual leave may be taken in advance of the employee becoming entitled to the leave
If the employee has not taken annual leave within three years the employee is deemed to be on leave notwithstanding that the employee performs normal work and the entitlement to take that leave at another time is lost, provided that:
19.4.1 where an employee is already absent on leave for a period of four weeks or less at the deeming date, the employee will be deemed to commence annual leave as soon as the absence ceases;
19.4.2 where an employee is already absent on leave for a period exceeding four weeks at the deeming date, the employee will be deemed to be on annual leave from the date commencing six months immediately following the absence unless the period of leave is taken beforehand; or
19.4.3 where an employee is absent on any type of leave (except annual leave) for over one year, accrues an annual leave credit while on leave and resumes duty in a later year than the credit accrued, the credit will be treated as if it had accrued on in the year the employee resumed duty.
19.4.4 Rights to apply
Where an employee has an annual leave credit which includes leave that is to be deemed and applies to use part or all of that leave, the CEO will either grant the application or negotiate alternative dates for the leave with the employee.
19.4.5 Rights to be absent
When an employee is deemed to be on annual leave the employee has the right to be absent from the workplace.
Where any designated public holiday occurs for which the employee is entitled to payment occurs during any period of annual leave, the period of the holiday is not deducted from the annual leave entitlement.
19.6 Effect of leave without pay
Absences which do not count for service totalling more than 30 calendar days per year reduce the next annual leave credit.
19.7.1 Subclause 19.7 applies to the classifications contained in clause 12, which have an asterix shown against them, only
19.7.2 Where an establishment observes a closedown at Christmas or another holiday period, the CEO may direct that an employee at that establishment will observe that period of close down unless required to attend for duty. Where available annual leave is insufficient to cover the period, leave without pay to count as service for all purposes will be granted or leave can be provided under 19.3
19.8.1 Subclause 19.8 applies to the classifications contained in clause 12, which do not have an asterix shown against them, only.
19.8.2 In addition to normal salary payment for annual leave, an employee will be entitled to annual leave loading. The payment will be the greater of the following:
19.8.3 a sum calculated as 17.5 % of the following payments received on 1 January of the year in which the leave accrued, for the period of leave accrued:
19.8.3(a) the employee's annual salary; and
19.8.3(b) any additional payments which the employee would have received had the employee commenced annual leave on 1 January, excluding shift penalty payments; or
19.8.4 any shift penalties in respect of duty which the employee would have performed had the employee not been on approved annual leave.
19.8.5 Maximum: Payments under 19.8.1 are subject to a maximum payment of the equivalent of the Australian Bureau of Statistics’ male average weekly total earnings for the September quarter of the year preceding the year in which the date of accrual occurs. Where leave accrual is less than for a full year, this maximum is applied on a pro rata basis.
19.8.6 Salary rate - employed less than one year: Where an employee commenced employment after 1 January of any year and the employee's services were terminated before the end of that calendar year, the employee's salary for purposes of 19.8 will be the 1 January equivalent of the salary payable to the employee upon the commencement of employment.
[19.8.7 corrected by PR942234 ppc 02Jun03]
19.8.7 Part-time maximum: A part-time employee will be entitled to the provisions of 23.8, provided that the maximum payment specified in 19.8.3 is calculated as follows:
A x B |
C |
Where:
A = Australian Bureau of Statistics male average weekly total earnings for September quarter preceding the accrual date;
B = the total number of annual leave hours accrued by the part-time employee for the year of accrual; and
C = annual leave entitlement of an equivalent full-time employee for the year of accrual.
19.8.8 Payment: Leave loading will be payable to an employee who takes annual leave after the date on which the loading accrues, and who requests that payment be made. Where annual leave credits for a particular year are exhausted, the leave loading in respect of that year will be paid as soon as practicable.
19.8.9 Separation: An employee whose services terminate and who is entitled to payment in lieu of accumulated annual leave or pro rata annual leave will be paid any accrued leave loadings not yet paid and leave loading on pro rata annual leave entitlement due on separation.
Where an employee dies, or the CEO has directed that an employee will be presumed to have died on a particular date, payment may be made to the dependants or partner or the legal personal representative of the former employee of an amount that would have been paid if the employee had otherwise ceased employment. Any monies owing to the Commonwealth as a result of advanced annual leave credits will be waived.
