AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
31. ANNUAL LEAVE
31.1 Annual leave entitlement - general
31.1.1 Employees, except casual employees and seven day shift workers, are entitled to 28 successive days annual leave on full pay at the end of each year of continuous service.
31.1.2 The period of annual leave commences on the day immediately following the employee’s last working day shift which precedes the annual leave.
31.2 Annual leave entitlement - seven day shift workers.
31.2.1 Seven day shift workers are entitled to 35 consecutive days’ annual leave on full pay at the end of each year of continuous service. If the 35 days’ consecutive leave does not include 25 ordinary pay shifts then the employee is entitled to such further number of days, to be added to the period of leave, as is necessary to cover 25 ordinary pay shifts (to a maximum of 190 ordinary hours) on the employee’s roster.
31.2.2 For the purposes of this clause a seven day shift worker is a shiftworker who works rostered shifts necessitating regularly rostered Sunday or public holiday work as part of their ordinary hours.
31.2.3 If an employee works for part of the twelve month period as a seven day shift worker, the employee must be granted leave calculated by taking the same proportion of 35 days as the proportion which the time worked as a seven day shift worker bears to a year. Any fraction of a full shift may be paid for in cash.
31.3 Payment for annual leave
Each employee before going on leave must be paid:
31.3.1 In the case of day workers, the employee’s ordinary rate of pay for the period of annual leave plus a holiday loading of 17.5%.
31.3.2 In the case of shift workers the amount which the employee would have received had the employee worked his/her actual roster during the period of leave, excluding overtime and public holiday penalty payments; or the employee’s ordinary time rate of pay for the ordinary hours (which excludes shift loadings, overtime and public holiday penalty payments) plus a loading of 17.5% whichever is the greater.
31.4 Time of taking annual leave
31.4.1 Annual leave must be taken at a time fixed by Virgin Tech. Leave may be split into separate periods by mutual agreement between the employee and Virgin Tech.
31.4.2 Where practical annual leave will be given and taken within six months of its becoming due.
31.4.3 Employees will receive six weeks’ notice where practicable, with a minimum of four weeks’ notice, of the commencement of their annual leave.
31.5 Annual leave exclusive of public holidays
31.5.1 If a prescribed public holiday falls within an employee’s annual leave, and is on a day which would have been an ordinary working day, then the employee will be entitled to a day in lieu of the public holiday. If the public holiday falls on a non-working day (excluding a rostered day off) during a period of annual leave, eight hours pay at single time will be paid, or if agreed between the employees and Virgin Tech a day may be added to annual leave.
31.5.2 An employee entitled to a day in lieu of a public holiday as prescribed in 31.5.1, may elect to receive an additional eight hours pay, rather than take advantage of a day in lieu of a public holiday.
31.5.3 The employee will not receive any pay for the public holiday unless:
31.6 Annual leave to be taken
Except upon termination of employment, annual leave must be taken and paid for as such.
31.7 Annual leave taken in advance
Virgin Tech may allow annual leave to an employee before the right to the annual leave is due. If annual leave is taken in advance, the right to a further four week’s annual leave does not apply until twelve months’ from when the annual leave was taken. If an employee’s employment is terminated before the employee completes this twelve months’ service, Virgin Tech may deduct from the employee’s wages the cash equivalent of leave paid in advance excluding any amount paid in respect of public holidays.
31.8 Calculation of continuous service for annual leave
Annual leave or payment in lieu thereof must not be reduced for any of the following reasons:
31.9 Proportionate annual leave and leave loading payment on termination
Upon termination of employment employees must be paid in lieu of any untaken and accrued annual leave at ordinary rates. Leave loading shall be payable on termination by Virgin Tech, except if the reason for termination is due to misconduct by the employee.
