AP839984 - Airline Operations - Technical Salaried Staff - Qantas Airways Limited - Award 2005
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
22. ANNUAL LEAVE
22.1 Annual leave entitlement - general
Employees are entitled to 152 hours annual leave on full pay, after completing 12 months continuous service, less the period of annual leave.
22.2 Annual leave entitlement - seven day shift workers
22.2.1 Seven day shift workers (i.e. shift workers who are regularly rostered to work on Sundays and public holidays) are entitled to an additional 38 hours annual leave.
22.2.2 If an employee only works for part of the 12 month period as a seven day shift worker, the employee is entitled to have the period of 152 hours annual leave increased by 3.8 hours for each month the employee works as a seven day shift worker.
22.3 Time of taking annual leave
22.3.1 Annual leave must be taken at a time fixed by the Company within 12 months of it becoming due.
22.3.2 Annual leave may be taken in more than one period by agreement between the Company and employee.
22.3.3 The Company must, so far as it is practicable, give at least one month’s notice to the employee of the commencement of their annual leave.
22.4 Payment for annual leave
Each employee, before going on leave, must be paid:
22.4.1 in the case of day workers, the employee’s ordinary rate of pay for the period of annual leave, plus a holiday loading of 17.5%;
22.4.2 in the case of shift workers:
22.4.2(a) the amount which the employee would have received had the employee worked his or her actual roster during the period of leave, including shift loadings; or
22.4.2(b) the employee’s ordinary time rate of pay for the ordinary hours the employee would have worked on the roster, plus a loading of 17.5%,
whichever is the greater.
22.4.3 This subclause does not apply to employees who earn in excess of the maximum level 4 salary.
22.4.4 The loading in this subclause does not apply to proportionate leave on termination.
22.5 Annual leave to be taken
Except upon termination of employment, payment must not be made in lieu of annual leave.
22.6 Annual leave taken before due date
The Company may allow annual leave to an employee before the right to the annual leave has fully accrued. If an employee’s employment is terminated before the employee completes the 12 months service, the Company may deduct from the employee’s wages the cash equivalent of the unearned leave, excluding any amount paid in respect of public holidays.
22.7 Annual leave exclusive of public holidays
If a public holiday occurs during an employee’s period of annual leave, and if that public holiday would have been an ordinary working day for the employee, the employee will have a day added to the period of annual leave for each such public holiday falling during the employee’s annual leave.
22.8 Calculation of continuous service for annual leave
For the purposes of this clause, service will be deemed to be continuous despite absences due to:
22.8.1 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;
22.8.2 any absence from work on account of the employee’s personal sickness or accident or other leave lawfully granted by the Company; or
22.8.3 any absence with reasonable cause, the employee must be able to prove the reasonable cause.
22.9 Proportionate annual leave on termination
Upon termination of employment after one month’s continuous service in any qualifying period, employees must be paid in lieu of any untaken and accrued annual leave at ordinary rates as for 1-2/3rd days in respect of each completed month of continuous service. An employee’s ordinary daily rate is his or her annual salary divided by 260. This clause does not apply to employees whose employment is terminated by the Company through no fault of their own.
