AT807604 - Print Centre (Canberra Times) Award 2000 [Transitional]

PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

20. ANNUAL LEAVE AND PUBLIC HOLIDAYS

[20.1 substituted by PR970566 ppc 14Mar06]

20.1 Annual leave of six weeks on full pay shall be granted to each employee on completion of each 12 months' service. Such leave shall be given and taken in one period of six weeks or, if the employer and the employee so agree, in such separate periods as may be agreed, including up to 10 single days.

Annual leave loading shall be averaged over the year and paid in addition to the normal weekly wage. Calculation and averaging of annual leave loading shall be as instanced in clause 13 - Rates of pay, of this Award.

20.2 Where the services of an employee comes to an end after the expiration of three calendar months but before the expiration of 12 calendar months from the date when the employee's employment commenced or from the date the employee last qualified for annual leave the employee shall be entitled to a payment for proportional annual leave in respect of service rendered (hereinafter called ``proportionate service'') from that date until the employee's service comes to an end. The amount of payment for the proportionate service shall be an amount being the employee's ordinary rate of pay for a period of months calculated by determining the proportion which the service rendered bears to the period of 12 months.

20.3 For the purposes of this clause full pay shall mean the ordinary pay received by the employee in respect of the month immediately preceding the commencement of the leave or the part thereof taken provided, however, that the ordinary pay of an employee who relieves a permanent employee during the latter's absence on account of illness or accident or on annual or other leave at any time during a qualifying period for annual leave purposes shall be the ordinary pay calculated as herein provided which the employee would have earned had the employee not been so relieving.

20.4 For the purpose of this clause ordinary pay and monthly earnings shall not include any overtime earnings.

20.5 The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Six Hour (or Labour Day), Union Picnic Day, Canberra Day, Christmas Day and Boxing Day fall or are observed shall be ordinary working days and work on those days shall be paid for at ordinary rates of pay provided always that an employee on annual leave or required to work on Christmas Day (or a day substituted therefore) or Good Friday, or Canberra Day or the Union Picnic Day, or the preceding night shall at the employer's discretion be granted an additional day's leave at a time specified by the Company within a reasonable time or be paid an additional day's pay at ordinary rates of pay or have such a day added to the employee's next period of annual leave.

20.6 Where in the Territory or locality within the Territory another day is provided by legislation or is proclaimed or gazetted by authority of the Commonwealth Government or the Territory Government to be observed as an additional public holiday or as a public holiday in substitution for New Year's Day, Australia Day, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Six Hour Day or Boxing Day (all of which additional days or substituted days are hereinafter referred to as ``special days'') those days shall be ordinary working days and work on those days shall be paid for at ordinary rates of pay provided always that an employee on annual leave or required to work on any of such days or preceding nights shall be granted an additional day's leave (hereinafter referred to as a lieu day) for each such day provided however, that the preceding proviso shall not apply to the substituted holiday, if any, in respect of Australia Day, Easter Monday, Queen's Birthday or Six Hour Day.

20.7 Where in any year the number of special days provided for in paragraph 20.6 hereof is less than four, the provisions of that paragraph shall be applied to each employee of the Company employed under the terms of this Award on the basis that there were four such special days in that calendar year provided that the Company shall for such purposes nominate as special the number of days by which the number of special days is less than four. The days so nominated by the Company as special days shall:

20.7.1 be observed by the community as public holidays; and

20.7.2 if practicable be nominated no later than January of the relevant calendar year and in any event be nominated no later than 28 days before they occur.

20.8 If in any calendar year and after the Company has nominated a day as a special day pursuant to paragraph 20.7 hereof, a special day is appointed to be observed as a public holiday, the number of special days nominated by the Company under paragraph 20.7 hereof in that calendar year shall be reduced by one and the day so appointed shall become a special day for the purposes of paragraph 20.6 hereof in substitution for and not in addition to the special day nominated by the Company pursuant to paragraph 20.7 hereof.

20.9 Subject to paragraph 20.8 of this clause, nine lieu days referred to above shall be given and taken as follows:

20.9.1 Up to four days may be taken by an employee as leave without loss of pay in any combination of whole days provided that the employee gives seven days' notice to the Company of the employee's intention to take such leave.

20.9.2 The remaining five lieu days shall be taken by an employee as leave without loss of pay and taken consecutively and at a time agreed between the Company and the employee with that intention notified on the holiday roster.

20.9.3 Employees engaged in Fine Print and employed under the terms of this Award shall not be affected by the provisions of 20.9.1 and 20.9.2 but instead shall take nine days in lieu without loss of pay on the days on which public holidays fall save and except those public holidays which are observed as Union Picnic Day and Anzac Day.

20.10 All lieu days which accrue to an employee in any financial year shall betaken as leave by the employee in accordance with subparagraphs 20.9.1 and 20.9.2 before June 30 and the Company shall pay to the employee an amount being the employee's ordinary pay for one day's work for each such lieu day not so taken, provided always that the lieu days referred to in subparagraph 20.9.1 shall be the only lieu days for which an employee is entitled to be paid if such days are not taken as leave.

20.11 During the first year of employment an employee's entitlement to lieu days shall be taken before the end of that financial year by agreement between the Company and the employee.

20.12 Subclause 20.1 of this clause shall not apply to a casual employee.

20.13 A casual employee who has worked for one or more shifts a week for 26 or more weeks during the 12 calendar months shall be granted six weeks' annual leave for which the employee shall receive as holiday pay such proportion of 6/52 of the employee's total earnings exclusive of overtime for the period in respect of which the leave has accrued as the actual number of weeks bears to 46. An employee who works one or more shifts per week in fewer than 26 weeks during the 12 calendar months shall receive as holiday pay 4/48 of his total earnings exclusive of overtime.

20.14 The provisions of this clause shall not apply to an employee who has been dismissed for serious or wilful misconduct.

20.15 The employer may calculate for annual leave accrual purposes the period of annual leave on and from 1 July from each calendar year subject to no loss of annual leave entitlement provided for in this clause.