AP839983 - Airline Operations - Licensed Aircraft Engineers - Qantas Airways Limited - Award 2005
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
23. ANNUAL LEAVE
23.1 Annual leave entitlement - general
An employee (other than a casual employee) is entitled to 152 hours annual leave on full pay, after completing 12 months continuous service.
23.2 Annual leave entitlement - seven day shift workers
23.2.1 A seven day shift worker is entitled to an additional 38 hours annual leave on full pay at the end of each year of continuous service. For the purposes of this subclause, a seven day shift worker is a shift worker who is rostered to work regularly on Sundays and holidays.
23.2.2 If an employee works for part of the 12 month period as a seven day shift worker, the employee must be granted leave calculated by taking the same proportion of 190 hours as the proportion which the time worked as a seven day shift worker bears to a year. Any fraction of a full shift may be paid for in cash.
23.3 Leave to be taken
23.3.1 Time of taking annual leave
23.3.1(a) Annual leave must be given and taken by the employee within 12 months of its becoming due.
23.3.1(b) Annual leave must be taken at a time fixed by the Company. However, annual leave may be taken in separate periods by agreement between the Company and employee.
23.3.1(c) The Company must give at least four weeks notice to the employee of the commencement of the employee’s annual leave. Where the Company and employee agree, less than four weeks notice may be given by the Company.
23.3.1(d) If the Company has an annual close-down which affects the majority of employees in a plant or section, the Company must give the employees at least one month’s notice prior to the date of the close-down.
23.4 Payment for annual leave
Each employee before going on annual leave must be paid the ordinary wages the employee would have received had the employee not been on leave. This amount must include the following:
23.4.1 In the cases of day workers, the employee’s applicable wage rate, plus a holiday loading of 17.5%.
23.4.2 In the case of shift workers, the greater of:
23.4.2(a) the employee’s rate of pay (excluding shift loadings) for ordinary hours including Saturday and Sunday shifts, plus a holiday loading of 17.5%; or
23.4.2(b) the employee’s rate of pay for ordinary hours including Saturday and Sunday shifts, plus any shift loadings which the employee would have received.
23.5 Absence after annual leave
If an employee fails to return to work after absence on annual leave without a reasonable excuse, the employee will not be paid for any public holiday which occurs during the period of annual leave.
23.6 Annual leave taken in advance
23.6.1 The Company may allow annual leave to be taken by an employee before it has fully accrued. If an employee has taken annual leave before it has accrued, further annual leave will not begin to accrue until the employee completes the 12 months service in respect of which the annual leave was taken.
23.6.2 If the employee’s employment is terminated before the employee completes the 12 months service, the Company may deduct the cash equivalent of the unearned leave. This amount does not include any sums paid in respect of public holidays.
23.7 Annual leave exclusive of public holidays
If a public holiday occurs during an employee’s period of annual leave and:
23.7.1 the employee would have worked on that public holiday if he or she was not on annual leave, the employee may elect to take a day off in lieu of the public holiday or receive an additional eight hours pay; or
23.7.2 the public holiday falls on a day that would have been a rostered day off, the employee is entitled to payment of eight hours pay at single time, or, if agreed between the Company and the employee, a day may be added to annual leave.
23.8 Calculation of continuous service
23.8.1 For the purposes of this clause, service is deemed to be continuous despite absences due to:
23.8.1(a) any interruption or termination of the employment by the Company if that interruption or termination was done with the intention of avoiding the Company’s obligations under this clause; or
23.8.1(b) leave granted by the Company to an employee called as a witness; or
23.8.1(c) leave granted by the Company for defence purposes, up to a maximum of the first three months of each year of leave so granted; or
23.8.1(d) leave granted by the Company in connection with proceedings before the Commission; or
23.8.1(e) leave not exceeding three months which had been granted on account of physical injury whilst sustained on duty; or
23.8.1(f) leave granted by the Company on account of the employee’s personal injury or illness or other leave lawfully granted, up to a maximum of 160 hours; or
23.8.1(g) long service leave taken by an employee.
23.8.2 Any absences due to reasons other than the reasons set out in this clause, will not break the continuity of an employee’s service unless the Company notifies the employee in writing either:
23.8.2(a) during the absence; or
23.8.2(b) within 14 days of the employee’s return to duty from the absence.
that the absence will be regarded as having broken the continuity of service.
23.8.3 In the case of collective or concerted absenteeism:
23.8.3(a) the notice will be in the manner in which notices to employees are generally made in the workplace; and
23.8.3(b) by posting a copy of the notice to the union or association whose members have participated in the action not later than the day it is posted up in the workplace.
23.9 Proportionate annual leave on termination
23.9.1 If:
23.9.1(a) after one week’s continuous service, an employee resigns or the employment of the employee is terminated through no fault of the employee; or
23.9.1(b) after 12 months continuous service, an employee resigns or the employment of the employee is terminated by the Company for any reason,
the employee must be paid for any untaken annual leave at the employee’s ordinary rate of pay.
23.9.2 An employee is not entitled to leave loading on any payment made under this subclause.
