Woolworths Distribution Centre Award 2004
AP837192 - Woolworths Distribution Centre Award 2004
20.1 Subject to the provisions in this clause, a period of 28 consecutive days, including non-working days, with payment of wages at the ordinary rate of payment, shall be allowed annually to an employee, other than a casual employee, by his employer after a period of twelve months continuous service, less such period of leave, with such employer.
20.2 Annual leave exclusive of public holiday
If any holiday to which an employee is entitled to pursuant to clause 17 - Sundays and public holidays occurs within any such period of leave and is observed on a day which in the case of the employee would otherwise have been an ordinary working day, there shall be added to that period one day for each holiday observed as aforesaid. Provided that an employee shall not be entitled to have any such addition made to the period of his/her leave if, except for reasonable cause (proof whereof shall be upon him/her), he/she fails to resume work immediately following the period comprising his/her period of leave (extended by any such intervening holiday or holidays) and to remain at work thereafter for the number of working days equivalent to the number of such holidays.
20.3 Broken leave
The annual leave shall be given and taken in a continuous period or, if the employee and the employer so agree, in two separate periods but not otherwise. Provided that each employee shall be entitled to 24 rostered days off (exclusive of the period an employee is on annual leave.
20.4 Time of taking leave
Such leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to such leave accrued and not less than one week’s notice to the employee.
20.5 Leave to be taken
The leave provided for by this clause shall be allowed and shall be taken and except as provided by 20.6, payment shall not be made or accepted in lieu thereof.
20.6 Proportionate leave on dismissal
If after one month’s continuous service in any qualifying twelve monthly period an employee leaves his/her employment, or his/her employment is terminated by the employer, the employee shall be paid at his/her ordinary rate of wage for 2.77 hours at the same rate in respect of each completed week of continuous service, the service being service in respect of which leave has not been granted hereunder.
20.7 Payment for period of leave
20.7.1 Each employee before going on leave shall be paid four weeks wages, except an employee taking his/her leave pursuant to 20.3, who shall be paid the amount of wages he/she would have received in respect of the ordinary time which he/she would have worked had he/she not been on leave during the relevant periods. Payment in the case of employees employed on piece or bonus work or any other system of payment by results shall be at ordinary time rates.
20.7.2 In addition to the above payment prescribed in 20.7.1, an employee shall during the period of annual leave, be paid a loading of 17-1/2% calculated on the rates prescribed by clause 9 - Rates of pay. Notwithstanding the provisions of this clause, a shift worker shall be paid the appropriate shift loading where it is greater than 17-1/2%. The loading prescribed by this clause shall apply to proportionate leave on termination.
20.8 Leave allowed before due date
20.8.1 An employer may allow such leave to an employee before the right thereto has accrued, but where leave has been taken in such a case the qualifying period for further leave shall not commence until the expiration of the twelve months in respect of which the leave so allowed was taken.
20.8.2 Where leave has been taken pursuant to this clause and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months continuous service in respect of which the leave was allowed, the employer may, for each complete month of the qualifying period of twelve months not serviced by the employee, deduct from whatever remuneration is payable upon the termination of the employment, 1/12th of the amount of wage paid on account of the annual leave, which amount shall not include any sums paid for any of the holidays prescribed by clause 17 - Sundays and public holidays.
20.9 Calculation of continuous service
20.9.1 Subject to the provisions of this subclause, continuity of service shall not be deemed to have been broken by:
20.9.1(a) any interruption or determination of the employment by the employer if such interruption or determination has been made with the intention of avoiding obligations under this clause in respect of the allowance of leave;
20.9.1(b) any absence on account of leave granted to or imposed upon the employee;
20.9.1(c) any absence from work, not exceeding fourteen days in a qualifying period of twelve months on account of sickness or accident. Provided that an employee with an accumulation of sick leave entitlement in excess of fourteen days may be absent for a period of not more than 21 days in a twelve month period;
20.9.1(d) any absence due to reasonable cause (other than as set out in 20.9.1(a), 20.9.1(b) or 20.9.1(c)), proof whereof shall be on the employee;
20.9.1(e) in calculating a period of twelve months continuous service:
20.9.1(e)(i) any annual leave taken therein; or
20.9.1(e)(ii) any absence of the kinds mentioned in 20.9.1(a) or 20.9.1(c), shall be counted as part of such period.
20.9.2 In the case of absences of the kinds mentioned in 20.9.1(b) or 20.9.1(d), the employee shall serve such additional period as part of his/her qualifications for annual leave as will equal the period of such absences. In the case of an employee being unable to attend for work for any cause mentioned in 20.9.1(c) or 20.9.1(d), he/she shall within 24 hours of the time when he/she was due to attend for work, unless it be impracticable for him/her to do so and in such a case as soon as it is practicable, notify the employer in writing of the cause of his/her absence, and the probable duration thereof. In default of doing so his/her absence may be deemed by the employer as having broken the continuity of the employee’s service. Upon the employee notifying the employer as aforesaid of the cause and probable duration of his/her absence, the absence shall be deemed not to have broken the continuity of the employee’s service.
20.9.3 Provided nevertheless that if the employer, within fourteen days of the receipt of the employee’s notification, notifies the employee in writing, delivered to him/her personally or sent by prepaid post to his/her last recorded place of residence, that he/she regards the employee’s absence as having broken the continuity of his/her service the question may, within fourteen days of receipt of the employer’s notification by the employee be, at the instance of the employee, referred to a Board of Reference which shall decide the matter. Failing such notification by the employer as aforesaid, the absence shall be deemed not to have broken the continuity of the service. If, however, such notification is made as aforesaid by the employee and the employee fails within fourteen days of its receipt to have the matter referred to a Board of Reference, then the absence shall be deemed to have broken the continuity of the employee’s service.
20.10 Calculation of month
For the purpose of this clause a month shall be reckoned as commencing with the beginning of the first day of the employment or period of employment in question, or the day of the period in question bearing the same date number as that day and as ending at the beginning of the day which in the latest month in question, has the same date number as that which the commencing day had in its month and if there be no Sunday in such subsequent month it shall be reckoned as ending at the end of such subsequent month.
20.11 Successor assignee or transmittee
Where the employer is a successor, assignee or transmittee of a business, if the employee was in the employment of the employee’s predecessor in that business at the time when the employer became such successor, assignee or transmittee, the employee shall in respect of the period during which he was in the employment of such predecessor be, for the purposes of this clause, deemed to have been in the employment of the employer.
20.12 Annual leave for part-time employees
20.12.1 A part-time employee who has completed twelve months continuous service with the company is entitled to a period of 28 consecutive days annual leave on the same terms and conditions as a full-time employee.
20.12.2 After the completion of each twelve month period of continuous service of a part-time employee, a calculation shall be made of the average number of ordinary hours worked per week by the employee over the preceding twelve month period. Payment for each week of annual leave shall be made as if the employee normally worked per week the average number of ordinary hours calculated in accordance with this paragraph.
20.12.3 Payment for pro rata annual leave for a part-time employee whose employment is terminated shall be based on the average number of ordinary hours worked per week over the period for which a pro rata payment is to be paid.
20.12.4 For the purposes of this clause, a part-time employee includes an employee who has been employed for part of the year as a full-time employee and for part of the year as a part-time employee. (In other words, where an employee has been employed during a twelve month period partly as a part-time employee and partly as a full-time employee, the averaging provisions shall be implemented.)
