Common use of Annual Leave and Public Holidays Clause in Contracts

Annual Leave and Public Holidays. a) On completion of four (4) weeks continuous service with CMA on the Project, an employee is entitled to accrue an amount of paid annual leave of 1/13 of the number of nominal hours worked by the employee during that period. b) An employee who is a shift worker is entitled to accrue additional paid annual leave for each completed 12 month period of continuous service with CMA, of 1/52 of the number of nominal hours worked by the employee, for CMA on the Project as a shift worker during that 12 month period. c) Time not worked due to authorised absences such as sick leave, annual leave, bereavement leave, public holidays, workers compensation and R&R will count as continuous service for the purpose of this clause. d) An employee before going on annual leave will be paid the wages the employee would have received in respect of the ordinary time the employee would have worked, had the employee not been on leave during the relevant period, as prescribed in Clause 3.1 of this Agreement and a loading of 17.5%. e) Annual leave shall be given and taken as agreed between CMA and the employee. f) If a public holiday is observed on an ordinary working day during the period of annual leave that day will not be counted as annual leave (i.e. the leave is increased by one (1) day for each public holiday). g) Where CMA seeks to close down the site or sections of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. h) At time of termination all untaken accrued annual leave shall be paid out, in accordance with the relevant legislation. i) An employee will be entitled to the following days that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday • Christmas Day • Boxing Day j) Where any of the days above fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday. In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holiday. k) By arrangement, CMA and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works on a day which otherwise would have been a public holiday will be paid at ordinary rates. l) The provisions of this clause do not apply to casuals.

Annual Leave and Public Holidays. a) On completion 21.1 Public holiday entitlements are provided in the NES. Pilots and the Company agree that all public holidays in accordance with the NES are to be substituted to a day to be taken by mutual agreement as part of four (4) weeks continuous service with CMA on the Projectemployee’s annual leave entitlement under clause 21.3 this agreement. 21.2 Annual leave is provided for in the NES. To the extent that this clause provides benefits and entitlements greater that the NES, an employee is this clause shall take precedence. 21.3 Each full-time Pilot will be entitled to accrue an amount 36 days of leave per annum made up of:  annual leave consisting of 25 days of paid leave (“ paid annual leave leave”) and  11 days as substituted public holidays (“public holidays”).  The parties agree that due to the rostering arrangements implemented as part of 1/13 of this Agreement there are 7 public holidays that will be pre allocated to the number of nominal hours worked days off in accordance with Appendix B – Roster Protocol. 21.4 Leave may be taken by the employee during that periodsubject to approval by the Company. b) An 21.5 Subject to 21.7, after consultation with the employee, the Company may direct an employee who to take leave where the leave accrued has become excessive. Excessive leave is any accrued leave in excess of 36 days. When directing an employee to take the leave the Company must provide the employee with 1 months’ notice. 21.6 A pilot with more than 72 days of leave may be directed to take up to 20 days of leave in any 6 week period until the balance is reduced to 48 days. 21.7 A Pilot with more than 36 days leave but less than 48 days leave may be directed to take up to 10 days of leave in any 6 week period until the balance is reduced to 36 days 21.8 On termination of employment a shift worker is entitled to accrue additional pilot will be paid fully instead of annual leave: 21.9 For all untaken annual leave entitlements that have fallen due in relation to any completed years of service, in accordance with clause 21.3; and 21.10 For the balance of the employment period, or for the whole period where it has been less than one completed year, at the rate of 1/365th of the entitlement in clause 21.3 for each completed 12 month period day of continuous service with CMA, employment in respect of 1/52 of the number of nominal hours worked by the employee, for CMA on the Project as a shift worker during that 12 month periodwhich annual leave has not been granted. c) Time 21.11 The Company is not worked entitled to recall a pilot from annual leave except by mutual agreement between the Company and the pilot. However, where due to authorised absences such as sick leave, annual leave, bereavement leave, public holidays, workers compensation and R&R will count as continuous service for exceptional circumstances the purpose of this clause. d) An employee before going on pilot agrees to be recalled during annual leave the pilot will be paid the wages call out allowance provided for in clause 16.1.9 and have the employee would have received in respect of the ordinary time the employee would have worked, had the employee not been on annual leave during the relevant period, as prescribed in Clause 3.1 of this Agreement and a loading of 17.5%day reinstated. e) Annual leave shall be given and taken as agreed between CMA and the employee. f) If 21.12 Where a public holiday is observed on an ordinary working day pilot becomes seriously ill during the annual leave, for a period of annual leave that day not less than three consecutive days the duration of such illness will not be counted as personal/carer’s leave to the extent that the pilot has credited personal/xxxxx’s leave. Providing that firstly the pilot will advise the Company as soon as practicable after the commencement of the illness and secondly produces proof of illness to the Company within seven days of return to duty. In such case the pilot shall have their annual leave (i.e. re-credited the leave is increased by one (1) day for each public holiday). g) Where CMA seeks to close down the site or sections number of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. h) At time of termination all untaken accrued annual leave shall be paid out, in accordance with the relevant legislation. i) An employee will be entitled to the following days that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday • Christmas Day • Boxing Day j) Where any of the days above fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday. In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holiday. k) By arrangement, CMA and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works on a day which otherwise would have been a public holiday will be paid at ordinary ratesconverted to personal leave. l) The provisions of this clause do not apply to casuals.

Annual Leave and Public Holidays. ‌ 22.1 Annual leave will accrue progressively. (a) On completion Full Time employees required to work on a seven (7) day basis - six (6) weeks annual leave per annum. This encompasses the additional week of annual leave entitled to shift workers. (b) All other employees - four (4) weeks continuous service with CMA on the Project, an employee is entitled to accrue an amount of paid annual leave of 1/13 of the number of nominal hours worked by the employee during that periodper annum. b(a) An employee to whom paragraph (a) of subclause 22.1 applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift worker is entitled to accrue additional paid annual work or weekend work which would otherwise be payable had the day not been a public holiday. (b) To leave prescribed by paragraph (a) of subclause 22.1 there shall be added one working day or one half working day for each completed 12 month period of continuous service with CMA, of 1/52 special public holiday or half public holiday (not being one of the number of nominal hours worked public holidays prescribed by the employee, for CMA on the Project as a shift worker during that 12 month period. c) Time not worked due to authorised absences such as sick leave, annual leave, bereavement leave, public holidays, workers compensation and R&R will count as continuous service for the purpose subclause 22.3 of this clause. d, or a special day proclaimed in lieu of any of them) An employee before going on which may occur during the qualifying period for annual leave will be paid the wages the employee would have received in respect of the ordinary time the employee would have worked, had the employee not been on leave during the relevant period, as prescribed in Clause 3.1 of this Agreement and a loading of 17.5%. e) Annual leave shall be given and taken as agreed between CMA and the employee. f) If a public holiday is observed on an ordinary working day or during the period of annual leave that day will not be counted as annual leave (i.e. the leave is increased by one (1) day for each public holiday)leave. g(c) Where CMA seeks to close down A public holiday occurring on a day that the site or sections of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. h) At time of termination all untaken accrued annual leave employee would normally work shall be paid out, in accordance with the relevant legislation. iallowed to employees covered by paragraph (b) An employee will be entitled to the following days of subclause 22.1 on full pay; provided that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday • Christmas Day • Boxing Day j) Where any of the days above fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday. In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holiday. k) By arrangement, CMA and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate for shift work or weekend work which would otherwise would have be payable had the day not been a public holiday. In lieu of adding to annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Such election shall be made on the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time worked on a public holiday will payment shall be made for a minimum of four hours work, and any balance of the day or shift not worked shall be paid at ordinary rates. l(d) The provisions Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 5, Definitions, of this clause do Agreement, and who receives four (4) weeks annual leave in accordance with paragraph (b) of subclause 22.1 of this clause, such shift worker shall be paid one day's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave. (e) To the leave prescribed by paragraph (b) of subclause 22.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave. 22.3 For the purpose of this subclause the following are to be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated. (a) In addition to those public holidays prescribed in subclause 22.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur (i) on the August Bank Holiday; or (ii) on a date which is agreed upon by the respective employees and if nominated by the employee, the employee’s nominated representative which may be a union representative; (iii) as an additional public holiday between Christmas and the first week of the following calendar year; provided that such day is placed between Monday to Friday (inclusive) which is not gazetted as a public holiday. The foregoing does not apply in areas where in each year: (iv) a day in addition to casualsthe public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or (v) two half days in addition to the public holidays specified in subclause (i) are proclaimed and observed as half public holidays. (b) In areas where in each year only one half day in addition to the public holidays specified in subclause 22.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.

Annual Leave and Public Holidays. a) On completion of four (4) weeks continuous service with CMA on the Project, an An employee is entitled to accrue an amount progressively 144 ordinary hours of paid annual leave of 1/13 of the number of nominal hours worked by the employee during that period. b) An employee who is a shift worker is entitled to accrue additional paid annual leave for each completed 12 month period months of continuous service with CMA, of 1/52 of the number of nominal hours worked by the employee, for CMA on the Project as a shift worker during that 12 month periodservice. cb) Time not worked due to authorised absences such as sick leave, annual leave, bereavement leave, public holidays, workers workers’ compensation to a maximum of two weeks and R&R will count as continuous service for the purpose of this clause. dc) An employee before going on annual leave will be paid the wages the employee would have received in respect of the ordinary time the employee would have worked, had the employee not been on leave during the relevant period, period as prescribed in Clause 3.1 of this Agreement for employees other than apprentices and Clause 3.2 for apprentices and a loading of 17.5%. ed) Annual leave shall be given and taken as agreed between CMA the Company and the employee. fe) If a public holiday is observed on an ordinary working day during the period of annual leave that day will not be counted as annual leave (i.e. the leave is increased by one (1) day for each public holiday). gf) Where CMA the Company seeks to close down the site or sections of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. hg) At time of termination all untaken accrued annual leave shall be paid out, in accordance with the relevant legislation. ih) An employee will be entitled to the following days that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday or the day prescribed in the Government Gazette in substitution for the Sovereign’s Birthday for the locality • Christmas Day • Boxing Day ji) Where any of the days above fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or on a Monday, the holiday shall be observed on the next succeeding Tuesday. In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holiday. kj) By arrangement, CMA the Company and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works on a day which otherwise would have been a public holiday will be paid at ordinary rates. lk) The Subject to sub-clause 3.15(g), the provisions of this clause do not apply to casuals.

Annual Leave and Public Holidays. a) On completion of four (4) weeks continuous service with CMA on the Project, an An employee is entitled to accrue an amount 144 hours of paid annual leave of 1/13 of the number of nominal hours worked by the employee during that period. b) An employee who is a shift worker is entitled to accrue additional paid annual leave for each completed 12 month period months of continuous service with CMA, service. b) The entitlement to annual leave shall accrue at the rate of 1/52 2.769 hours for each week of the number of nominal hours worked by the employee, for CMA on the Project as a shift worker during that 12 month periodcontinuous service. c) Time not worked due to authorised absences such as sick leave, annual leave, bereavement leave, public holidays, workers workers’ compensation to a maximum of two weeks and R&R will count as continuous service for the purpose of this clause. d) An employee before going on annual leave will be paid the wages the employee would have received in respect of the ordinary time the employee would have worked, had the employee not been on leave during the relevant period, period as prescribed in Clause 3.1 of this Agreement and a loading of 17.5%. e) Annual leave shall be given and taken as agreed between CMA the Company and the employee. f) If a public holiday is observed on an ordinary working day during the period of annual leave that day will not be counted as annual leave (i.e. the leave is increased by one (1) day for each public holiday). g) Where CMA the Company seeks to close down the site or sections of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. h) At time of termination all untaken accrued annual leave shall be paid out, provided that in accordance with the relevant legislationcase of termination on account of misconduct, pro-rata annual leave and loading is not payable. i) An employee will be entitled to the following days that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday • Christmas Day • Boxing Day j) Day Where any of the days above fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday. , In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holiday. k) By arrangement, CMA and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works on a day which otherwise would have been a public holiday will be paid at ordinary rates. l) The provisions of this clause do not apply to casuals.

Annual Leave and Public Holidays. a) On completion of four (4) weeks continuous service with CMA on the Project, an An employee is will be entitled to accrue an amount of paid annual leave on a monthly basis of 1/13 up to 152 hours per year of the number of nominal hours worked by the employee during that periodservice. b) If the Company operates roster whereby employees are regularly rostered to work shifts on a 24 hours per day, 7 days per week basis, and regularly required to work on Sundays and Public Holidays, employees who work in accordance with this roster will be entitled to an additional 38 hours of annual leave per year. c) An employee who is a shift worker is entitled to on weekly hire shall accrue additional paid annual leave at the rate of 2.923 hours for each completed 12 month period week of continuous service with CMA, of 1/52 of the number of nominal hours worked by the employee, for CMA on the Project as a shift worker during that 12 month periodProject. cd) Time not worked due to authorised absences such as sick personal leave, annual leave, bereavement compassionate leave, public holidays, workers compensation and R&R to a maximum of two weeks will count as continuous service for the purpose of this clause. de) An employee before going on annual leave will be paid the wages the employee would have received in respect of the ordinary time the employee would have worked, had the employee not been on leave during the relevant period, period as prescribed in Clause 3.1 of this Agreement and a loading of 17.5%. ef) Annual leave shall be given and taken as agreed between CMA the Company and the employee. fg) If a public holiday is observed on an ordinary working day during the period of annual leave that day will not be counted as annual leave (i.e. the leave is increased by one (1) day for each public holiday). gh) Where CMA the Company seeks to close down the site or sections of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. hi) At time of termination all untaken accrued annual leave shall be paid out, provided that in accordance with the relevant legislationcase of termination on account of misconduct, loading is not payable. i) An employee will be entitled to the following days that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday • Christmas Day • Boxing Day jk) Where any of the days above fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday. In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holiday. kl) By arrangement, CMA the Company and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works on a day which otherwise would have been a public holiday will be paid at ordinary rates. lm) The provisions of this clause do not apply to casuals.

Annual Leave and Public Holidays. 28.1 Annual leave will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year: (a) On completion Shiftworkers shall accrue six (6) weeks annual leave per annum. This entitlement includes the additional week of annual leave provided by the NES. (i) For the purposes of the NES, a shiftworker is defined as an employee who is regularly rostered to work over seven days of the week and regularly works on weekends (b) All other employees shall accrue four (4) weeks annual leave. (a) An employee to whom paragraph (a) of subclause 28.1 applies and who does work on a public holiday shall be paid, in addition to the appropriate weekly ordinary rate, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday. (b) To leave prescribed by paragraph (a) of subclause 28.1 there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven specifically named public holidays prescribed by subclause 28.3 of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave. (c) Employees covered by paragraph (b) of subclause 28.1, will be paid the following for a public holiday occurring on an ordinary working day: (i) Where an employee does not work on the public holiday, they will be paid their ordinary rate for their ordinary hours of work on that day. (ii) Where an employee does work on the public holiday, the employee will be paid for the time actually worked at the rate of time and one half in addition to their weekly ordinary rate. Where payment is made in accordance with this subclause (ii), payment shall be made for a minimum of four (4) weeks continuous service with CMA on the Projecthours work, an employee is entitled to accrue an amount of paid annual leave of 1/13 and any balance of the number of nominal hours worked by the employee during that period. b) An employee who is a day or shift worker is entitled to accrue additional paid annual leave for each completed 12 month period of continuous service with CMA, of 1/52 of the number of nominal hours worked by the employee, for CMA on the Project as a shift worker during that 12 month period. c) Time not worked due to authorised absences such as sick leave, annual leave, bereavement leave, public holidays, workers compensation and R&R will count as continuous service for the purpose of this clause. d) An employee before going on annual leave will be paid the wages the employee would have received in respect of the ordinary time the employee would have worked, had the employee not been on leave during the relevant period, as prescribed in Clause 3.1 of this Agreement and a loading of 17.5%. e) Annual leave shall be given and taken as agreed between CMA and the employee. f) If a public holiday is observed on an ordinary working day during the period of annual leave that day will not be counted as annual leave (i.e. the leave is increased by one (1) day for each public holiday). g) Where CMA seeks to close down the site or sections of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. h) At time of termination all untaken accrued annual leave shall be paid out, in accordance with the relevant legislation. i) An employee will be entitled to the following days that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday • Christmas Day • Boxing Day j) Where any of the days above fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday. In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holiday. k) By arrangement, CMA and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works on a day which otherwise would have been a public holiday will be paid at ordinary rates. l(iii) Where the employee elects, and the Employer agrees, instead of the payment set out in subclause (ii), the employee will have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra for the time actually worked. (iv) The payment set out in (ii) and (iii) is in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday. (d) Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 6, Definitions, of this Agreement, and who receives four (4) weeks annual leave in accordance with paragraph (b) of subclause 28.1 of this clause, such shift worker shall be paid one day's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave. (e) To the leave prescribed by paragraph (b) of subclause 28.1 there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave. 28.3 For the purpose of this subclause the following are to be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated. (a) In addition to those public holidays prescribed in subclause 28.3 of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur: (i) on the August Bank Holiday; (ii) on a date which is agreed upon by the respective employees and if nominated by the employee, the Association’s representative; or (iii) as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) which is not gazetted as a public holiday. Subclause (a) does not apply in areas where in each year: (i) a day in addition to the eleven (11) named public holidays specified in subclause 28.3is proclaimed and observed as a public holiday; or (ii) two (2) half days in addition to the eleven (11) named public holidays specified in subclause 28.3are proclaimed and observed as half public holidays. (b) In areas where in each year only one half day in addition to the eleven (11) named public holidays specified in subclause 28.3 is proclaimed and observed as a half public holiday for the purposes of this Agreement the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed. 28.5 Credit of time towards an ADO shall not accrue when an employee is absent in accordance with subclause 28.1 of this clause. Employees entitled to ADOs in accordance with Clause 23, Hours of Work and Free Time of Employees of this Agreement shall accrue credit towards an ADO in respect of each day those employees are absent on additional annual leave in accordance with subclauses 28.2(b) and subclause 28.2(c) of the Agreement. 28.6 Annual leave shall be taken in an amount and at a time which is approved by the employer subject to the operational requirements of the workplace. The employer shall not unreasonably withhold or revoke such approval. Notwithstanding the provisions of this clause, the employer may direct an employee to take a period of annual leave in accordance with clauses 28.13 and 28.14. 28.7 Each employee shall be paid in accordance with the regular pay cycle for the period of the leave at the ordinary rate to which she or he is entitled under this Agreement. Where an employee has any period of permanent part-time employment during any twelve (12) month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to thirty eight (38) hours. 28.8 On termination of their employment, an employee will be paid their untaken annual leave, together with payment for any days added to annual leave in accordance with clause do not apply to casuals28.2, and pro rata leave.

Annual Leave and Public Holidays. a) On completion of four (4) weeks continuous service with CMA on the Project, an employee is The Employee shall be entitled to accrue an amount of paid 24 working days annual leave of 1/13 (which is inclusive of the number Employee’s statutory annual leave entitlement as set out in the Organisation of nominal hours worked Work Time Act 1997). 11.1 The Company’s annual leave year runs from 1 January to 31 December. 11.2 Annual leave must be taken at such times as are convenient to the business of the Company and otherwise in accordance with Section 20 of the Organisation of Working Time Act 1997. The Company reserves the right to require the Employee to take annual leave on specified days and also, during any period of notice. 11.3 The Employee’s statutory annual leave entitlement shall be deemed to be taken first in any leave year. Any contractual leave over and above the statutory minimum shall not accrue during periods of sick leave. 11.4 If the Employee’s employment commences or is terminated during the annual leave year, the Employee’s entitlement to annual leave during that year will be assessed on a pro rata basis. 11.5 The Employee may not carry forward more than 5 days unused holiday into the following holiday year, subject to the provisions of the Organisation of Working Time Act 1997. 11.6 Any annual leave that has been carried over into the next leave year must be taken before the end of March of the following leave year. 11.7 If, in the event of the termination of the Employee’s employment, the Employee has exceeded the annual leave entitlement for that year, the excess will be deducted from any sums due to the Employee by the employee during that period. b) An employee who Company and, if such deduction is a shift worker is entitled to accrue additional paid annual leave for each completed 12 month period of continuous service with CMAinsufficient, of 1/52 of the number of nominal hours worked by Employee will repay the employee, for CMA on the Project as a shift worker during that 12 month period. c) Time not worked due to authorised absences such as sick leave, annual leave, bereavement leave, public holidays, workers compensation and R&R will count as continuous service for the purpose of this clause. d) An employee before going on annual leave will be paid the wages the employee would have received Company in respect of the ordinary time the employee would have worked, had the employee not been on leave during the relevant period, as prescribed in Clause 3.1 of this Agreement and a loading of 17.5%such excess. e) Annual leave shall be given and taken as agreed between CMA and 11.8 In the employee. f) If a public holiday event that the Employee is observed on an ordinary working day during dismissed without notice, or resigns without giving the period required notice, calculation of annual leave that day will not be counted as annual leave (i.e. the leave is increased by one (1) day for each public holiday). g) Where CMA seeks to close down the site or sections of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. h) At time of termination all untaken accrued annual leave shall be limited to the statutory entitlement under the Organisation of Working Time Act 1997 (as amended from time to time). Any paid out, annual leave (including paid public holidays) taken shall be deemed first to have been taken in satisfaction of that statutory entitlement. 11.9 Salary in lieu of annual leave will not be paid by the Company except on termination of employment and in accordance with the relevant legislationOrganisation of Working Time Act 1997. i) An employee will 11.10 Not more than 10 days of annual leave may be entitled to the following days that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday • Christmas Day • Boxing Day j) Where taken at any of the days above fall on a Saturday or Sundayone time, the holiday shall be observed on the next succeeding Monday. In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holidayexcept in exceptional circumstances. k) By arrangement, CMA and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works on a day which otherwise would have been a public holiday will be paid at ordinary rates. l) The provisions of this clause do not apply to casuals.

Annual Leave and Public Holidays. a17.1 Employees will accrue four (4) On completion weeks of annual leave per year of completed service in accordance with the NES. 17.2 Employees employed as a continuous shiftworker will be entitled to an additional week of annual leave. For the purposes of the additional week of annual leave, a continuous shiftworker is an Employee who: 17.2.1 Is engaged in a continuous process in which shifts are continuously rostered 24 hours a day for seven (7) days a week; and 17.2.2 Is regularly rostered to work those shifts (both day and night); and 17.2.3 Works at least 34 Sundays and six (6) public holidays over 12 months. 17.3 Annual leave will accrue and be deducted based on 40 nominal hours of work per week. Annual leave will be paid at the flat hourly rate based on the nominal hours of work. 17.4 Annual leave will be paid at the flat hourly rate. The flat hourly rates in Schedule One and Schedule Two are inclusive of annual leave loading. 17.5 Leave can be taken at a mutually convenient time as agreed between an Employee and Ausdrill. 17.6 Xxxxxxxx reserves the right to direct Employees to take accrued annual leave during a shutdown of all or part of the business where the Employees work. If the Employee does not have sufficient accrued annual leave for the period, they may be required to take leave without pay. 17.7 Where an Employee has accrued excessive annual leave (being a minimum of eight (8) weeks) they may be directed by Xxxxxxxx to take up to a quarter of the accrued annual leave. Ausdrill will provide at least eight (8) weeks’ notice of the requirement to take excessive annual leave. 17.8 Employees may apply to have annual leave paid as a cash amount in lieu of taking accrued annual leave. An application for cash in lieu of taking accrued leave may only be approved in the circumstances where the Employee retains a minimum of four (4) weeks continuous service with CMA accrued leave. 17.9 Any accrued but untaken annual leave shall accumulate year on the Project, an employee year and be paid out on termination of employment. 17.10 An Employee is entitled to accrue an amount a Public Holiday without loss of paid annual leave of 1/13 of the number of nominal hours worked by the employee during that periodpay if rostered to work. b) An employee who is 17.11 Employees rostered and authorised to work on a shift worker is entitled to accrue additional paid annual leave for each completed 12 month period of continuous service with CMA, of 1/52 of the number of nominal hours worked by the employee, for CMA on the Project as a shift worker during that 12 month period. c) Time not worked due to authorised absences such as sick leave, annual leave, bereavement leave, public holidays, workers compensation and R&R will count as continuous service for the purpose of this clause. d) An employee before going on annual leave Public Holiday will be paid the wages the employee would have received in respect their flat hourly rate for all hours worked, plus an additional eight (8) hours at their flat hourly rate. 17.12 Public Holidays shall mean New Year's Day, Australia Day, Good Friday, Easter Monday, ANZAC Day, Christmas Day, Boxing Day, Labour Day, WA Day and Queen’s Birthday (as gazetted) and any other day, or part day, declared or prescribed under a law of the ordinary time State or Territory where the employee would have worked, had the employee not been on leave during the relevant period, as prescribed in Clause 3.1 of this Agreement and a loading of 17.5%Employee is working. e) Annual leave shall be given and taken as agreed between CMA and the employee. f) If a public holiday is observed on an ordinary working day during the period of annual leave that day will 17.13 Casual Employees are not be counted as annual leave (i.e. the leave is increased by one (1) day for each public holiday). g) Where CMA seeks to close down the site or sections of the site for the purposes of allowing annual leave to be taken by most of its employees, it shall give its employees at least four (4) weeks notice of its intention to do so. h) At time of termination all untaken accrued annual leave shall be paid out, in accordance with the relevant legislation. i) An employee will be entitled to the following days that will be observed as holidays without deduction of ordinary hours pay: • New Year’s Day • Australia Day • Good Friday • Easter Monday • Anzac Day • Labour Day • Foundation Day • Sovereign’s Birthday • Christmas Day • Boxing Day j) Where any of the days above fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday. In each case, the substituted day shall be a holiday without deduction of ordinary pay and the day for which it is substituted shall not be a holidayannual leave. k) By arrangement, CMA and the employees may agree to substitute another day for any of the public holidays prescribed in this clause in which event an employee who works on a day which otherwise would have been a public holiday will be paid at ordinary rates. l) The provisions of this clause do not apply to casuals.