AP834748 - Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000
PART 8 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
33. ANNUAL LEAVE
33.1 How long is annual leave?
An employee other than a casual employee is entitled to at least four weeks annual leave after every twelve months continuous service.
33.2 Any time during which an employee is absent from work, shall not count for the purpose of determining the employee’s right to annual leave except where it is an absence:
33.2.1 during which the employee is entitled to be paid wages under this award; or
33.2.2 approved of by the employer; or
33.2.3 for the twelve months or less during which the employee is entitled to payment under the Workers’ Compensation and Rehabilitation Act 1981 (WA).
33.3 What are the pay rates for annual leave?
33.3.1 The rate of pay for annual leave is the employee’s rate of pay at the time the employee takes the annual leave, plus the loading referred to in 33.3.2.
33.3.2 In addition to the rate of pay in 33.3.1 during a period of annual leave an employee shall be entitled to the greater of:
33.3.2(a) a 17.5% loading on annual leave; or
33.3.3(b) the additional payments normally received by the employee under this award for work performed in ordinary hours.
33.4 When to take annual leave
33.4.1 The employee must be allowed to take annual leave, at a time agreed with the employer, within four months after it is due. The employer and the employee may agree to extend this period to twelve months.
33.4.2 By arrangement between the employer and the employee annual leave may be allowed to accumulate from year to year but where the leave to which an employee is entitled or any portion of that leave is allowed to accumulate to meet the convenience of the employee the ordinary wage for that leave shall be the ordinary wage applicable to the employee at the date at which they became entitled to the leave unless the employer agrees in writing that the wage be that applicable at the date the leave commences.
33.4.3 The employer and the employee should seek to reach agreement on the time for taking the leave. In the absence of agreement, the employer may give at least fourteen days notice of the commencement of leave or part of leave which is due to the employee.
An employee must take annual leave. However, if the employee leaves or is dismissed, the employer must pay the employee any leave entitlement including a proportionate amount for each full month worked since the employee began working or last qualified for leave. Such pro rata annual leave pay includes the leave loading in 33.3.
33.6 Public holidays falling within annual leave
If any award holiday falls within an employee’s period of annual leave, there shall be added to that period one day being an ordinary working day for each such holiday.
33.7 Illness during annual leave
33.7.1 An employee who, at the commencement of annual leave, has an entitlement to payment for non-attendance on the ground of personal ill health for not less than 40 hours under the provisions of clause 34.3 – Sick leave and who within fourteen days of resuming work, produces to the employer a certificate from a qualified medical practitioner that during the period annual leave the employee was confined to his or her home or to a hospital for a period of at least seven consecutive days for a reason which, if the employee had not been on annual leave, would have entitled the employee to payment under the provisions of the said clause 34.3 – Sick leave, shall be deemed to be absent from work through sickness for so much of that period as the employee would otherwise have been entitled to payment under that clause.
33.7.2 An employee to whom 33.7.1 applies shall take the period deemed to be absent through sickness as annual leave at a time convenient to the employer but on ordinary pay, without the loading referred to in 33.3.2.
33.8 An employee who is regularly rostered to work shift work shall receive an additional week’s annual leave.
33.9 Notwithstanding the provisions of 33.1, an employee under this award who is employed on a site, north of the 26th parallel south latitude, where the production award or industrial agreement applying to employees on that site provides for five weeks annual leave, shall be entitled to five weeks annual leave in lieu of the four weeks prescribed in this clause.
33.10 An employee to whom 33.9 and/or 33.10 applies shall accumulate and be paid for annual leave in the proportion that the annual leave entitlement bears to four weeks.
