AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
30. ANNUAL LEAVE
30.1 Annual leave entitlement.
30.1.1 In addition to the public holidays specified in this award all employees must be entitled to leave of absence on full pay for a period equal to four working weeks exclusive of public holidays where any employee has been in the continuous employment of the employer during the preceding twelve months.
30.1.2 In addition to the entitlement prescribed in 30.1.1 of this Part, an employee employed under the terms of clause 27 – Shift work must be entitled to leave of absence on full pay for an additional one week exclusive of public holidays, where the employee has been in continuous employment of the employer as a shift worker during the preceding twelve months.
30.2 Calculation of continuous employment
Continuous employment as specified in this clause means constant weekly employment until the termination of an engagement. Absences up to one month owing to illness covered by a medical certificate under two days’ absence, or an absence with a medical certificate extending beyond one month in the case of an employee with an accumulation of sick leave to the extent of that accumulation; three months owing to injury received in the course of his/her employment; or one month owing to other causes for which leave has been granted by the employer concerned, will not be considered as breaking the continuity of employment.
30.3 Time of taking annual leave
[30.3.1 substituted by PR964938 ppc 11Nov05]
30.3.1 Annual leave must be taken at a time mutually agreed upon by the employer and the employee, and in the absence of agreement at a time fixed by the employer, within a period not exceeding six months from the date when the right to annual leave accrued and after not less than six weeks’ notice to the employee provided that, at the request of the employee annual leave may be carried forward for a maximum of two years from the date of entitlement.
[30.3.2 substituted by PR964938 ppc 11Nov05]
30.3.2 Subject to clause 30.9 annual leave must be taken in a continuous period, or in the event of an agreement between the employer and an employee, in two separate periods and not otherwise.
30.3.3 In cases where the employer and employee have agreed on two separate periods of leave, one of the periods must be not less than two consecutive weeks exclusive of any public holiday or holidays which may occur during that period of leave. Any two of these periods of leave will be granted to an employee within six months from the date when the right to annual leave occurred.
30.4 Proportionate annual leave on termination
An employee who has been employed continuously for one month or more must, on termination of employment, be paid annual leave on a proportionate basis for each completed month of service.
30.5 Payment for annual leave
Before an employee proceeds on annual leave he/she must be paid any moneys then due to him/her for the annual leave being taken or which may accrue due to him/her during his/her period of leave.
30.6 Payment in lieu of annual leave
Payment in lieu of annual leave must not be made by an employer and not accepted by an employee except under this clause. An employee must not offer his/her services to any other employer during the period he/she is on paid annual leave and an employer must not engage an employee who is on paid annual leave.
30.7 Annual leave loading
30.7.1 During a period of annual leave an employee must receive a loading of 17-1/2% calculated on the appropriate rate of wage prescribed by clause 18 - Wage rates, of this award.
30.7.2 The loading prescribed by this paragraph applies to proportionate leave on termination of employment where employment is terminated by the employer but it does not apply where the reason for termination is misconduct or wilful disobedience.
30.8 Annual leave loading - shift work
A shift worker must be paid an annual leave loading of the higher of either 17.5% as set out in 30.7 or the shift work allowances and weekend penalty rates that the employee would have earnt for working ordinary time over the period of annual leave.
30.9 Alternative annual leave arrangements
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of single day annual leave absences, provided that:
[30.9.1 varied by PR964938 ppc 11Nov05]
30.9.1 An employee may elect, with the consent of the employer, 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 agreed between them.
30.9.2 Access to annual leave, as prescribed in 30.10 above, shall be exclusive of any shutdown period provided for elsewhere under this award.
30.9.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
30.9.4 Clause 30.10 is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
30.9.5 Once a decision has been taken to introduce an enterprise system of single day annual leave, in accordance with this clause, its terms must be set out in the time and wages records.
30.9.6 An employer shall record these short term annual leave arrangements in the time an wages book.
