Common use of Annual Holiday Loading Clause in Contracts

Annual Holiday Loading. (i) This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973. (ii) In this clause the Annual Xxxxxxxx Xxx, 0000 is referred to as the Act. (iii) Before an employee is given and takes his annual holiday, or where by agreement between the Company and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the Company shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance – see subclause (viii) of this clause). (iv) The loading is payable in addition to the pay for the period of holidays given and taken due to the employee under the Act. (v) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this Agreement (but excluding days added to compensate for public or special holidays falling on an employee’s rostered day off not worked) and which commences on or after 1 January 1974 or, where such holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vii) of this clause as to holidays taken wholly or partly in advance after 31 December 1973). (vi) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv), of this clause at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate prescribed by Clause 9 Rate of Pay of this Agreement for the classification in which the employee was employed immediately before commencing his annual holiday, but shall not include any other allowance, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this Agreement. (vii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that if the employment of such an employee continues until the day when he would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (vi) of this clause applying the rates of wages prescribed by this Agreement payable on that day. This subclause applied when an annual holiday has been taken wholly or partly in advance of 31 December 1973 and the entitlement to the holiday arises on or after 1 January 1974. (viii) Where, in accordance with the Act and on or after 1 January 1974 the enterprise is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: (a) an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this subclause; (b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him under this clause if he had become entitled to an annual holiday prior to the close-down as his qualifying period of employment in completed weeks bears to 52. (a) When the employment of an employee is terminated by the Company on or after 1 January 1974 for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual leave holiday to which he became entitled after 31 December 1973 he shall be paid a loading calculated in accordance with subclause (vi) for the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee’s employment. (x) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he had not been on holiday; provided that, of the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Annual Holiday Loading. (i) This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973. (ii) In this clause the Annual Xxxxxxxx XxxXxx 0000, 0000 is referred to as "the Act". (iiiii) Before an employee is given and takes his annual holiday, or where by agreement between the Company and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periodsperiod(s), the Company shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance – - see subclause (viii) of this clausevi)). (iviii) The loading is payable in addition to the pay for the period of holidays holiday given and taken and due to the employee under the Act. (viv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this Agreement (but excluding days added to compensate for public or special holidays falling on an employee’s 's rostered day off not workedoff) and which commences on or after 1 January 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (viivi) of this clause as to holidays taken wholly or partly in advance after 31 December 1973advance). (viv) The loading is An employee at the amount payable for time of commencing annual leave, in accordance with the said Act, shall be entitled to an additional payment in respect of the period of employment to which the said leave is referable of 17.5% or the separate period, as the case may be, stated in subclause 25% (ivbased on commencement date - prior to 3/3/1999 is entitled to 25%), of this clause at calculated on the rate per week of 17½ per cent of the appropriate ordinary weekly time rate prescribed by Clause 9 Rate of Pay of this Agreement for the classification in which the employee was employed immediately before commencing his annual holiday, pay and shall include any shift allowances but shall not include any other allowance, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other allowances or payments prescribed by this Agreementagreement. (viivi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that that, if the employment of such an employee continues until the day when he the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (viv) of this the clause applying the rates of wages prescribed by this Agreement payable on that day. This subclause applied when an annual holiday has been taken wholly or partly in advance of 31 December 1973 and the entitlement to the holiday arises on or after 1 January 1974. (viii) Where, in accordance with the Act and on or after 1 January 1974 the enterprise is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: (a) an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this subclause; (b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him under this clause if he had become entitled to an annual holiday prior to the close-down as his qualifying period of employment in completed weeks bears to 52. (a) When the employment of an employee is terminated by the Company on or after 1 January 1974 for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual leave holiday to which he became entitled after 31 December 1973 he due, the employee shall be paid a loading calculated in accordance with subclause (viv) for the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee’s employment. (x) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he had not been on holiday; provided that, of the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Annual Holiday Loading. (i) This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973. (ii) In this clause the Annual Xxxxxxxx XxxHolidays Act, 0000 1944 is referred to as "the Act". (iiiii) Before an employee is given and takes his annual holiday, or or, where by agreement between the Company employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the Company employee shall pay the employee be paid a loading determined in accordance with this clause. ([NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance – - see subclause sub- clause (viii) of this clauseiv)]. (iviii) The loading is payable in addition to the pay for the period of holidays annual holiday given and taken due to the employee under the ActAct and this Agreement. (iv) The loading is 17.5% of the employee's ordinary rate of pay for the period of the annual holiday. For the purposes of this subclause, the "ordinary rate of pay" shall be based upon the rates applicable from time to time in Table 1 of Appendix 1 of Part B of this Agreement. (v) The loading This clause extends to an employee who is to be calculated in relation to any period of given and takes an annual holiday and who would have worked as a shift worker if not on annual holidays; provided that, if the amount to which the employee becomes or has become would have been entitled since 31 December 1973 under by way of shift work allowances and weekend penalty rates for the Act and this Agreement ordinary time (but excluding days added to compensate for not including time on a public or special holidays falling on an employee’s rostered day off not worked) and holiday), which commences on or after 1 January 1974 orthe employee would have worked during the period, where such holiday is given and taken exceeds the loading calculated in separate periodsaccordance with this Clause, then that amount shall be paid to the employee in relation to each such separate period. (NOTE: See subclause (vii) lieu of the loading prescribed by this clause as to holidays taken wholly or partly in advance after 31 December 1973)Clause. (vi) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv), of this clause at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate prescribed by Clause 9 Rate of Pay of this Agreement for the classification in which the employee was employed immediately before commencing his annual holiday, but shall not include any other allowance, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this Agreement. (vii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that that, if the employment of such an employee continues until the day when he the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause sub-clause (viiv) of this clause Clause applying the Agreement rates of wages prescribed by this Agreement wages- payable on that day. This subclause applied when an annual holiday has been taken wholly or partly in advance of 31 December 1973 and the entitlement to the holiday arises on or after 1 January 1974. (viiivii) Where, in accordance with the Act and on Act, the employer's establishment or after 1 January 1974 the enterprise part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: (a) an employee who is entitled under the Act to an annual holiday and who is given and takes such a annual holiday shall be paid the loading calculated in accordance with subclause sub-clause (viiv) of this subclause;Clause. (b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him under this clause Clause if he the employee had become entitled to an annual holiday prior to the close-close down as his the employee's qualifying period of employment in completed weeks bears to 52. (a) When the employment of an employee is terminated by the Company on or after 1 January 1974 employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual leave holiday to which he the employee became entitled after 31 December 1973 he entitled, the employee shall be paid a loading calculated in accordance with subclause sub-clause (viiv) for the period not taken. (b) Except as provided by paragraph (a) of this subclause sub-clause, no loading is payable on the termination of an employee’s 's employment. (x) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he had not been on holiday; provided that, of the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Annual Holiday Loading. (i) This clause takes effect on and from 1 January 1974replaces clause 16, Annual Leave Loading, of the Award. 10.1 An employee who has made an election under clause 12.1 not to receive additional superannuation contributions will be entitled to the benefits of this clause 10. It applies only in relation For the avoidance of doubt, an employee will not otherwise be entitled to annual holidays to which employees become or have become entitled after 31 December 1973holiday loading. (ii) 10.2 In this clause 10, the Annual Xxxxxxxx Xxx, Xxx 0000 (NSW) is referred to as “the Act”. (iii) Before 10.3 Where an employee is given and takes his their annual holidayholiday or where, or where by agreement between the Company College and the employee employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods, periods the Company College shall pay the employee a holiday loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance – see subclause (viii) of this clause)clause 10. (iv) 10.4 The holiday loading is payable in addition to the pay for the period of holidays the annual holiday given and taken and due to the employee under the ActAct and the Award. (v) 10.5 The holiday loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this Agreement (but excluding days added to compensate for public or special holidays falling on an employee’s rostered day off not worked) and which commences on or after 1 January 1974 the Award or, where such holiday is given and taken in separate periods, then periods in relation to each such separate period. (NOTE: See subclause (vii) of this Refer to clause as 10.7 in relation to holidays taken wholly or partly in advance after 31 December 1973advance.). (vi) 10.6 The holiday loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv), of this clause 10.5 at the rate of 17.5 per cent per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by Clause 9 Rate of Pay of this Agreement the Award for the classification in which the employee was employed immediately before commencing his his/her annual holiday, but shall not include any other allowanceallowances, penalty or disability rates, commissions, bonuses, incentive paymentsshift allowances, overtime rates or any other payments prescribed by this Agreementthe Award. (viia) No holiday loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that that, if the employment of such an employee continues until the day when he he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (vi) of this clause 10.6 applying the rates of wages prescribed by this Agreement Award wage rate payable on that day. This subclause applied when . (b) Notwithstanding clause 10.7(a), an employee shall be paid a holiday loading where the annual holiday has been taken falls wholly or partly in advance of 31 December 1973 and during the entitlement school summer vacation period. The employee shall be entitled to the holiday arises on or after 1 January 1974fraction of four weeks loading as is equal to the number of weeks worked by the employee in that school year compared to the number of weeks in the year since the school service date. (viiic) WhereWhere an employee receives a payment pursuant to clause 15(iii)(a), in accordance with Annual Leave and Payment on Termination, of the Act and on or after 1 January 1974 Award, the enterprise employee shall be entitled to be paid for that part of the fraction of four weeks holiday loading as is temporarily closed down for the purpose of giving an annual holiday or leave without pay equal to the employees concerned: (a) an number of weeks worked by the employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this subclause; (b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition that school year compared to the amount payable to him under number of weeks since the Act such proportion of the loading that would have been payable to him under this clause if he had become entitled to an annual holiday prior to the close-down as his qualifying period of employment in completed weeks bears to 52school service date. (a) When Where the College terminates the employee’s employment of an employee is terminated by the Company on or after 1 January 1974 for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual leave holiday to which he became entitled after 31 December 1973 he he/she is entitled, he/she shall be paid a holiday loading calculated in accordance with subclause (vi) clause 10.6 for the period not taken. (b) Except as provided by paragraph (a) of this subclause in clause 10.8(a), no holiday loading is payable on the termination of an employee’s employment. (x) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he had not been on holiday; provided that, of the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.