AP831338 - Clerks’ (Alcoa of Australia – Victorian Operations) Award 2003
26.1 Quantum of leave
Employees, other than casuals, shall be allowed 28 consecutive days annual leave, including non-working days, after completing an initial twelve months continuous service, and 28 consecutive days annual leave, including non-working days, after the completion of each successive twelve months continuous service, less the period of leave.
26.2 Seven day shift workers
26.2.1 Seven day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed seven consecutive days annual leave, including non-working days, in addition to the leave prescribed in 26.1.
[26.2.2 varied by PR959506 ppc 01Jul05]
26.2.2 Where an employee with twelve months continuous service is engaged for part of the twelve monthly period as a seven day shift worker, he/she shall be entitled to have the period of leave prescribed in 26.1 increased by 1/12th of one week for each month he/she is so continuously engaged.
26.3 Annual leave exclusive of public holidays
26.3.1 The annual leave prescribed by this clause shall be exclusive of any of the holidays referred to in clause 25 - Holidays.
26.3.2 If any such holiday falls within an employee’s period of annual leave and is observed on a day which, in the case of that employee, would otherwise have been an ordinary working day:
26.3.2(a) 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; or
26.3.2(b) he/she shall be granted one day’s ordinary pay in lieu.
26.4 Broken leave
26.4.1 Annual leave shall be taken and given in a continuous period or, if an employee and the Company so agree, in two separate periods.
26.4.2 An employee and the Company may mutually agree on annual leave being taken in a manner other than that set out in 26.4.1 so as to meet some particular need of the employee concerned.
26.5 Leave to be taken
Annual leave shall be allowed and shall be taken. Except as provided by 26.9, payment will not be made or accepted in lieu of annual leave.
26.6 Time of taking leave
26.6.1 Annual leave shall be given at a time fixed by the Company within a period not exceeding one year from the date when the right to annual leave accrued and after not less than four weeks notice to an employee.
26.6.2 The Company may, in the case of an emergency, postpone for a temporary period the date appointed for the commencement of annual leave. Provided that an employee will be compensated for any loss of accommodation or transport expenses occasioned by, or incidental to, such cancellation.
26.7 Leave allowed before due date
26.7.1 The Company may allow an employee to take annual leave before it has accrued. However, in such a case a further period of leave will not start to accrue until after the expiration of the service period in respect of which leave had been taken in advance.
26.7.2 Where the employee subsequently leaves or is terminated before completing the service period in respect of which leave had already been taken, the Company may deduct from money payable to the employee upon termination the advanced leave payments made in respect of this unserved period.
26.8 Payment for period of leave
[26.8.1 varied by PR959506 ppc 01Jul05]
26.8.1 An employee, before going on leave, shall be paid the salary he/she would have received for the ordinary time he/she would otherwise have worked had he/she not been on leave during the relevant period. For this purpose, salaries shall be at the appropriate minimum salary prescribed in clause 16 – Salaries.
26.8.2 In addition to the payment specified in 26.8.1 (but subject to 26.10.2), a loading will be paid as follows.
[26.8.2(a) varied by PR959506 ppc 01Jul05]
26.8.2(a) An employee who would have worked day work only had he/she not been on leave will receive a loading of 20% of the appropriate minimum salary prescribed in clause 16 - Salaries.
26.8.2(b) An employee who would have worked on shift had he/she not been on leave will receive the greater of:
[26.8.2(b)(i) varied by PR959506 ppc 01Jul05]
26.8.2(b)(i) a loading of 20% of the appropriate minimum salary prescribed in clause 16 - Salaries; or
26.8.2(b)(ii) the shift loading the employee would otherwise have received had he/she not been on leave during the relevant period.
26.8.3 The loading prescribed in 26.8.2 shall be paid in respect of proportionate leave on termination as if the leave had actually been taken.
26.9 Proportionate leave on termination
If an employee, other than a casual, after one months continuous service lawfully leaves the employment of the Company or is terminated, he/she will be paid as follows.
26.9.1 If other than a seven day shift worker, at his/her appropriate minimum salary for accrued leave calculated pro rata in accordance with the terms of 26.1 in respect of each completed week of continuous service for which leave has not been granted.
26.9.2 If he/she had been employed as a seven day shift worker for the whole of the period for which he/she is entitled to proportionate leave, at the appropriate minimum salary for accrued leave calculated pro rata in accordance with the terms of 26.1 and 26.2 in respect of each completed week of continuous service for which leave has not been granted.
26.9.3 If he/she had been employed as a seven day shift worker for part only of the period for which he/she is entitled to proportionate leave, at the appropriate minimum salary for accrued leave calculated pro rata:
26.9.3(a) in accordance with the terms of 26.1 in respect of each completed week of continuous service for which leave has not been granted, which service was other than as a seven day shift worker; and
26.9.3(b) in accordance with the terms of 26.1 and 26.2 in respect of each completed week of continuous service for which leave has not been granted, which service was as a seven day shift worker.
26.10 Sickness when on annual leave
26.10.1 Subject to satisfactory proof, any period of illness of five or more consecutive days occurring during a period of annual leave shall, for all purposes, be regarded as sick leave.
26.10.2 In any case where this subclause applies, the Company shall make payment for the next period of annual leave taken or payment made in lieu without the addition of the loading specified in 26.8.2 but only to the extent of the relevant period of illness.
