AT779695 - Domino’s Pizza -Delivery Drivers Award 1999 [Transitional]

PART 5 - STATUTORY HOLIDAYS, LEAVE 

18. ANNUAL LEAVE

18.1 Entitlements

Full-time employees, covered by this award will, at the end of each year of such employee’s employment, be entitled to annual leave with pay as set out below.

18.1.1 Full-time employees

18.1.1(a) The accrual rate for annual leave as from 6 December 1994 will be 152 hours per annum (i.e. four weeks annual leave per annum on a 38 hour week basis).

18.1.1(b) All accumulated or accrued leave up to and including 5 December 1994 will be credited on the basis of a 38 hour week and rates of pay applicable to such leave will be calculated on the basis of a 38 hour divisor. Consequently, credits will be converted as follows:

If in weeks	x	38 hours
If in days	x	7.6 hours
If in hours	x	number of hours x (7.6 ÷ 8)

18.1.2 If an employee and employer so agree, annual leave may be taken wholly or partly in advance, before the employee has become entitled to annual leave.

18.1.3 An employee who has taken in advance the whole of the annual leave that would be due at the end of a year of employment, is not entitled to any further annual leave at the end of that year of employment.

18.1.4 An employee who has taken in advance part of the annual leave that would be due at the end of a year of employment, becomes entitled at the end of that year of employment to the part of the annual leave not already taken.

18.2 Calculation of annual leave pay

18.2.1 In respect to annual leave entitlements to which this clause applies, annual leave pay (including any proportionate payments) will comprise:

• The employee’s ordinary wage rate as prescribed by the award for the period of the annual leave; and
• A further amount calculated at the rate of 17.5 per cent of the amounts referred to in 18.1.

18.2.2 18.2.1 will not apply to:

• Any period or periods of leave exceeding four weeks per annum in any other case.
• Employers (and their employees) who are already paying (or receiving) an annual leave bonus, loading or other annual leave payment which is not less favourable to employees.

18.3 Termination (other than casuals)

18.3.1 If any employee will be dismissed by their employer or voluntarily leave their employment after any leave will have become due, and without such leave having been taken, such employee will be entitled in lieu thereof to a sum equal to salary computed at the rate of wages which the employee was earning at the date of such dismissal or leaving calculated in accordance with 18.2.

18.3.2 If the employment of any employee is terminated before the expiration of a full year of employment, such employee will be paid, in addition to all other amounts due to the employee, an amount equal to 1/12 of their ordinary pay for the period of employment calculated in accordance with 18.2.

18.3.3 If any such leave will not have been taken as they fall due from time to time, such leave will be cumulative from year to year for a period not exceeding two years.

18.4 Notification

Every employee will be given at least four weeks notice by the employer of the commencement of annual leave. Less than four weeks notice of the commencement of annual leave may be given by agreement between the employer and the employee.