AT794071 - Queensland Local Government Officers' Award 1998 [Transitional]
23.1 Every officer covered by this award other than a casual officer or a regular part-time officer (whose entitlement is to be ascertained by reference to clause 18 – Regular part-time employment, of this award) shall, subject to the proviso to this clause, be entitled at the end of each year of employment to annual leave on full pay of:
23.1.1 four weeks if the officer is employed in the No. 1 District of the Southern Division or in the Town of Goondiwindi or in the Shires of Chinchilla, Inglewood, Murilla, Tara and Waggamba in the No. 2 District of the Southern Division; and
23.1.2 five weeks if the officer is employed in any other Division or District.
23.2 For the purpose of the provision year of employment shall mean and include any year of employment completed on or after 3 December 1973.
23.3 Provided that annual leave as prescribed in 23.1 is not to accrue during periods of leave without pay authorised by a respondent or otherwise and which exceed three days. For the purposes of calculating the three days for this proviso each period of leave without pay taken by an officer must be treated separately and such periods cannot be treated cumulatively.
23.4 For the purpose of this clause, leave without pay does not include any period of absence of less than three months during which the employee is entitled to payment under the WorkCover Queensland Act 1996.
23.5 Annual leave shall be exclusive of any statutory holiday occurring during the period of that annual leave and subject to 23.6 it shall be paid for by the respondent in advance:
23.5.1 in the case of any and every officer in receipt immediately prior to that leave of ordinary pay at a rate in excess of the ordinary rate payable under this award at that excess rate; or
23.5.2 in the case of any and every officer who was performing higher duties as prescribed in clause 10 immediately prior to the taking of annual leave at the following rates:
An officer having performed higher duties for: |
Proportion of Annual Leave to be paid at higher duties rate |
Less than three months |
25% |
Three months or more but less than six months |
50% |
Six months or more but less than nine months |
75% |
Nine months or more |
100% |
Provided that the period of time that the officer has performed duties is the aggregate of the time the officer has performed the higher duties during the twelve months preceding the taking of annual leave. However, there will be no double counting of any period the officer has performed higher duties and for which payment on annual leave was made.
Provided that no contrived arrangement involving the deployment of any officer will be entered into so as to deprive an officer of or affect the benefits of this provision.
23.5.3 In every other case at the ordinary rate payable to the officer concerned immediately prior to the taking of the annual leave.
23.6 On the termination of the employment of any officer, such officer shall be paid for any untaken annual leave standing to the officer's credit on the following basis:
23.6.1 If the officer is one to whom 23.1.1 applies, four weeks' pay for each year of employment completed on or after 3 December 1973 (less any period of such annual leave already taken and paid for) calculated in accordance with 23.7 plus, for any period of employment of less than a year, one-twelfth of the officer's pay for that period of employment calculated in accordance with 23.7.
23.6.2 If the officer is one to whom 23.1.2 applies, five weeks' pay for each year of employment completed on or after 3 December 1973 (less any period of such annual leave already taken and paid for) calculated in accordance with 23.7 plus, for any period of employment of less than a year, one-ninth of the officers pay for that period of employment calculated in accordance with 23.7.
If the employment of an officer is terminated at the end of a full year of employment such officer shall also be entitled to ordinary pay for any statutory holiday which would have occurred had the officer taken the annual leave standing to the officer's credit at the termination of employment.
23.7 Calculation of annual leave pay
Subject to clause 14.8 of this award, annual leave pay, including any proportionate payments, shall be calculated as follows:
23.7.1 The officer's prescribed rate of pay for the period of the annual leave as prescribed in 23.5.
23.7.2 A further amount calculated at the rate of 17½ per cent of the amount referred to in 23.7.1. Provided however that the provisions of this clause shall not apply to those respondents (and their officers) who are already paying (or receiving) an annual holiday bonus, loading or other annual holiday payment which is not less favourable to the officers concerned.
23.8 Time of taking leave
[23.8 substituted by PR968894 ppc 13Dec05]
23.8.1 Annual leave shall be given and taken at a time mutually convenient to the respondent and the officer concerned as far as practicable: Provided that a respondent, by giving at least one month's notice, may require an officer to take annual leave commencing not earlier than the anniversary of the date of such officer's appointment.
23.8.2 Annual leave shall be cumulative and when not taken by mutual agreement shall be added to the officer's subsequent entitlements. Annual leave may be carried forward for a maximum period of two years from the date of entitlement.
23.8.3 An officer may elect, with the consent of the respondent, to take annual leave in single day periods or part of a single day not exceeding a total of 10 days in any calendar year, at a time or times mutually agreed between them.
23.9 Annual leave shall be given in addition to any notice of termination of employment.
23.10 Annual closedown
23.10.1 Where officers whose conditions of employment are prescribed by awards of the Queensland Industrial Relations Commission proceed on annual leave as a result of a respondent deciding to have an annual closedown, a respondent may direct its overseers and foremen where they directly supervise such State Award employees to also participate in the annual closedown.
23.10.2 During the first time an officer participates in an annual closedown, if such officer has less than a full year's entitlement to annual leave, such officer shall proceed on leave only for the duration of leave entitlement that has been accrued at the time of the commencement of the annual closedown.
23.10.3 For the purposes of subsequent closedowns, the anniversary date for annual leave purposes shall be deemed to operate from the date that the respondents operated the first closedown that the officer participated in with consequential adjustment to accrued annual leave entitlement.
23.10.4 A respondent shall give six months notice of whether it proposes to implement an annual closedown.
