AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
23.1 The following conditions shall apply in respect of annual leave for all employees:
23.1.1 An employee who has been in the constant service of the one employer for at least one year (less the period of annual leave) and who has not absented himself/herself from employment without leave shall, for each completed year of such service, be entitled to leave of absence for a period equal to 28 consecutive days the period to be reckoned in addition to any of the holidays prescribed by this award and shall in respect of that period be paid his/her rate of wage as if he/she had worked instead of taking leave.
23.1.2 Provided that the said annual leave by agreement between the employer and the employee concerned may be given and taken in two periods.
23.1.3 By agreement between the employer and the employees concerned, short-term annual leave may be taken, not exceeding in total five days in any calendar year, at a time or times separate from any of the periods determined in this subclause.
23.2 In addition to the leave prescribed in 23.1.1, seven day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed seven consecutive days' leave including non-working days.
23.2.1 Where an employee is engaged for part of a twelve monthly period as a seven day shift worker, he/she shall be entitled to have the period of annual leave prescribed in 23.1.1 increased by half a day for each month he/she is constantly engaged as aforesaid.
23.3 The following conditions shall apply in respect of annual leave for employees whose services terminate.
23.3.1 Should the employment be terminated by either party before the completion of twelve months' employment, the employee (other than a shift worker as defined in 23.2) shall be paid 1/6 of a fortnight's wages for each month of employment calculated to the nearest month; shift workers as defined in 23.2 shall be paid 10/47 of a fortnight's wages for each month of employment calculated to the nearest month.
Provided that should the employment be terminated by either party before the completion of twelve months' employment, the employee (other than a shift worker as defined in 23.2) shall be paid 1/6 of a fortnight's wages for each month of employment calculated to the nearest month; shift workers as defined in 23.2 shall be paid 10/47 of a fortnight's wages for each month of employment calculated to the nearest month.
23.4 In calculating service under this clause, all periods of leave without pay or absence on account of sickness or injury and for which an employee is not paid under clause 24 - Personal leave, shall not count. Provided, however, this exclusion shall not apply to an injury for which compensation is payable under an Act of Parliament relating to workers' compensation in respect of a period of less than twelve months.
23.4.1 Each employee, if he/she so desires, before going on leave shall be paid the wages which would ordinarily accrue pursuant to clauses 12 - Wages and additional rates, 13 - Industry and underground allowance and 14 - Cookhouse personnel - wage rates, during the currency of the leave.
23.4.2 Subject to 23.6 the rate of wage to be paid to a shift worker shall be at the rate prescribed for work in ordinary time by clause 17 - Shift work, etc. according to the employee's roster or projected roster including Saturday, Sunday and holiday shifts.
23.4.3 The rate of wage to be paid in the case of an employee employed on bonus work or any other system of payment by results shall be the rate which is the weekly average of payments made to the employee under such scheme for the period actually worked by him/her during ordinary hours during the last three monthly period in respect of which such payments have been calculated prior to the time of going on leave or lawful termination of employment as the case may be.
23.5 The annual leave provided for by this clause shall be allowed and shall be taken within a period not exceeding six months from the date when the right to annual leave accrued and after not less than two weeks' notice to the employee.
23.6 Annual leave loading
23.6.1 Weekly hired employees
23.6.1(a) In addition to the payment prescribed in 23.1.1 an employee shall receive during a period of annual leave a loading of 17.5% calculated on the appropriate wage rates and allowances prescribed in clauses 12 - Wages and additional rates, 13 - Industry allowance and underground allowance and 14 - Cookhouse personnel - wage rates, clause 27 - Fares and travelling time and leading hand rates and employees in charge of plant rates prescribed by 12.5, if applicable, together with any over award payment for the ordinary hours of work per week.
23.6.1(b) The loading prescribed above shall also apply to proportionate leave on lawful termination of employment.
23.6.2 Hourly hired employees
23.6.2(a) In addition to the payment prescribed in 23.6.1 an employee shall receive during a period of annual leave a loading of 17.5% calculated on the appropriate wage rates prescribed by clause 12 - Wages and additional rates, and the allowances prescribed in clause 13 - Industry and underground allowance (converted in accordance with provisions of 9.3, the allowance prescribed in 12.5 if applicable, together with any over award payment for the ordinary hours of work per week.
23.6.2(b) The loading prescribed above shall also apply to proportionate leave on lawful termination of employment.
23.6.3 Shift workers
23.6.3(a) An employee who would have worked on shift work had he/she not been on annual leave shall be paid an additional loading of 17.5% calculated in accordance with the provisions of 23.6.1.
23.6.3(b) Provided that where the employee would have received shift loadings prescribed by clause 17 - Shift work, etc, had he/she not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17.5% then the shift loadings shall be added to the ordinary rate of wage prescribed in lieu of the 17.5% loading.
23.6.3(c) Provided further that if the shift loadings would have entitled him/her to a lesser amount than the loading of 17.5% then such loading of 17.5% shall be added to the rate of wage prescribed in lieu of shift loadings.
23.6.4 Bonus or payment by results workers
23.6.4(a) An employee employed on bonus work or any other system of payment by results shall be paid an additional loading of 17.5% calculated in accordance with the provisions of 23.6.1.
23.6.4(b) Provided that where the additional loading prescribed in 23.4.3 by payment of weekly average earnings exceeds the loading of 17.5% then such additional amount shall be paid in lieu of 17.5%.
23.6.4(c) Provided further that if such additional amount based on weekly average earnings is less than the loading of 17.5% then such loading of 17.5% shall be added to the rate of wage prescribed in lieu of that additional amount.
