Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis. 17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works. 17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned. 17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down. 17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks. 17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay. 17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due. 17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement. 17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment. 17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 10 contracts
Samples: Employer Greenfields Agreement, Employer Greenfields Agreement, Employer Greenfields Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays1. Annual leave accumulates monthly is prorated and allocated on a pro rata basisan hourly basis per pay period not to exceed the pay period accrual designation. Effective with the implementation of the Banner HR Payroll System employees will be credited with .080875 of an hour annual leave per hour up to the allowable maximum of 6.47 hours per bi-weekly pay period.
17.2 The 2. Annual leave eligibility is accrued during actual time worked, authorized sick leave, annual leave, holidays, leave with pay, or approved union leave with pay.
3. Maximum accruals may not exceed 252 hours.
4. Employees will not be paid for any annual leave entitlement for each part time employee shall be calculated pro rata according accrual upon termination prior to the ordinary hours he or she actually workscompletion of three (3) months of employment.
17.3 The 5. While annual leaves are normally scheduled in accordance with the employee's wishes, the University reserves the right to approve an employee's annual leave in accordance with the needs of the University. Should the needs of the University's business limit the time and/or number of giving employees to be granted annual leave at any specific time, seniority in the department and taking of leave position title shall determine which employees may be by mutual arrangement between the Company and the employee concernedgranted such annual leave.
17.4 The Company 6. Employees may direct an employee be given the opportunity to take utilize all of their accrued vacation in a single instance subject to the provisions of paragraph 5 above.
7. Employees requesting more than two (2) days of annual leave during any shut downwill be required to provide not less than five (5) working days advance written request to their supervisor. The Employer will respond to the request for more than two (2) days of annual leave within two (2) working days of receipt. Employees who request less than two (2) days of annual leave will be required to provide not less than twenty-four (24) hours advance written request to their supervisor. The Employer will respond to request for less than two (2) days of annual leave as soon as practicable. The Employer will respond to the request for annual leave in writing, including any such shut down over providing the Christmas and New Year periodreason for denial, if applicable. In the event of an emergency which precludes giving prior notification, the advance notification requirement may be waived by the University, provided the employee has supplies justification as to why the waiver should be granted.
8. When holidays fall during an employee's annual leave, that day shall be charged to holiday pay rather than to the employee's accrued annual leave balance that will at least cover the period of the shut downtime.
17.5 The Company may direct an employee to take up to a quarter of his 9. Upon separation from employment for reasons other than retirement, death, or her total accrued involuntary termination, employees are paid for unused annual leave entitlement if the credits based on employee’s accrued straight time rate of pay, subject to paragraph 4 above.
10. The maximum credits for which employees may be paid will not exceed 168 Hours.
11. Upon termination for reasons of retirement, death, or involuntary termination, employees or their estate in the case of death may be paid for unused annual leave entitlement exceeds 8 weekscredits not to exceed 252 Hours. Retirement is defined under the provisions of The New Mexico Educational Retirement Act.
17.6 Payment 12. The minimum increment of annual leave submitted for approval shall be one-tenth (1/10) of an hour but may be subject to reduction if there are future computer systems changes.
13. Unless otherwise specified in this Agreement, payment for annual leave taken shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of payemployee's straight-time rate.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 9 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Annual Leave.
17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 7 contracts
Samples: Employer Greenfields Agreement, Employer Greenfields Agreement, Employer Greenfields Agreement
Annual Leave. 17.1 An employee shall be entitled to 32.1 Annual leave is provided for in the NES. This clause supplements the NES provisions. (Note: The NES provides for four weeks annual leave for each twelve months’ service 12 months of service; or five weeks annual leave for some shift workers for each 12 months of service)
32.2 Annual leave shall be given and taken during the non-term weeks following the end of term four in each school year unless otherwise agreed in writing.
32.3 Where, in accordance with the Companyrequirements of the Act, exclusive annual leave is to be recredited this shall occur and the leave be deemed to be taken during the next available non-term weeks other than in the case of public holidaysan employee who is not required to work during the relevant non- term period and is in receipt of averaged pay for that period pursuant to clause 13.2.
32.4 Annual leave loading
(a) During a period of annual leave, an employee will receive a loading calculated on the rate of wage prescribed in clause 17—Minimum wages/salary of this Agreement. Annual leave accumulates monthly loading is payable on a pro rata basis.leave accrued on the following bases:
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the (i) employees who would have worked on day work only had they not been on leave—17.5% of their ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company (ii) employees who would have worked on shiftwork had they not been on leave— 17.5% of their ordinary rate of pay or the applicable shift loading, whichever is the greater.
(b) Except that an employer may, at its election, pay:
(i) annual leave loading to the employee with each salary payment throughout the school year by increasing the annual rate of pay as at the commencement of the school year, or as subsequently varied, by 1.3426%. Where an employer elects to pay annual leave loading with each salary payment throughout the school year, the employer must advise the employee in writing; or
(ii) annual leave loading in respect of the school year to the employee with the first salary payment in December of that school year at the rate of pay applicable on 1 December of that school year.
32.5 Paid leave in advance of accrued entitlement
(a) An employer may agree to allow an employee, whose pay is not averaged pursuant to sub-clause 13.2 of this Agreement, to take annual leave either wholly or partly in advance before the employee has accrued an entitlement to the leave.
(b) Such an agreement shall be in writing and:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(i) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(c) The employer shall keep a copy of any agreement under this sub-clause 32.5 (c) as an employee before the right thereto has accrued duerecord.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 (d) Where paid leave has been granted to an employee in excess of the employee’s accrued entitlement, and the employee subsequently leaves or is discharged from the service of the employer before completing the required amount of service to account for some or all of the leave has accrued dueprovided in advance, with the authorisation of the employee, the Company employer may deduct the balance of the payment from any remuneration payable to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation termination of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled an amount equal to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period amount that was paid to the employee in respect of which any part of the period of annual leave taken in advance to which an entitlement has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyaccrued.
Appears in 5 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Act Christian Schools General Staff Multi Enterprise Agreement 2018 2021
Annual Leave. 17.1
a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) An Employee is terminated by required to give one weeks’ notice of a request to take well-being leave. The Company cannot refuse a request for an Employee to take well-being leave.
(v) On termination the Company or who lawfully leaves the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyan Employee.
Appears in 5 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement
Annual Leave. 17.1 An employee This clause applies to persons engaged by the week as defined in the definitions clause of this Agreement.
34.1 All Employees shall be entitled to four weeks weeks’ annual leave in respect of each calendar year of service. Such leave to be paid at the Total Negotiated Rate and before the employee commences the period of leave.
34.2 Such annual leave shall accrue from the first day of employment for rehearsals.
34.3 Where any public holiday falls within such period of leave then an additional day for each twelve months’ service with such public holiday shall be added to the Company, exclusive period of public holidays. Annual leave accumulates monthly on a pro rata basisleave.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of 34.4 Annual leave shall be given at a time fixed by mutual arrangement between the Company Employer within a period not exceeding three months from the date when the right to annual leave accrued and after as much notice as is practicable and in any case not less than three weeks’ notice to the employee concernedEmployee.
17.4 The Company may direct an employee to take annual leave during any shut down34.5 Unless otherwise mutually agreed upon, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall not be made at taken whilst the relevant minimum rate Employee is away from his/her place of pay in clause 19 – Minimum wages, plus a loading residence. If annual leave is given to the Employee whilst on tour the Employer shall provide air (economy) travel to his/her place of 17.5 per cent on that rate residence. Such travelling time shall be outside the Employee's period of payleave.
17.7 The Company 34.6 Annual leave may, by mutual agreement, be given and taken in two separate periods. No such period shall be less than one week.
34.7 If so requested by an Employee the Employer may allow annual leave to be taken by an employee Employee before the right thereto has accrued but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.
34.8 Where an Employee's engagement terminates and the Employee has become entitled to annual leave the Employer shall be deemed to have given the annual leave (or such portion of it as has not been taken by the Employee) from the date of termination of the engagement and shall forthwith pay to the Employee, in addition to all other amounts due to them, his/her Total Negotiated Rate for the period of leave due.
17.8 An employee 34.9 In respect of any period of employment which is less than twelve months such period being computed from the date of the commencement of the engagement (or, where the Employee has no entitlement during the engagement become entitled to annual leave, computed from the date on which he/she became entitled to annual leave), the Employer shall forthwith pay to the payment Employee, in addition to all other amounts due to the Employee an amount equal to one-twelfth of the loading, when his/her Total Negotiated Rate for such period of employment.
34.10 Each Employee before going on annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of shall be paid wages for the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of Total Negotiated Rate ordinary weekly rate being paid to the entitlementEmployee.
17.9 34.11 The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by Subclauses 34.7 and 34.8 above, payment shall not be made or accepted in lieu of annual leave.
34.12 Where annual leave has been granted to an employee Employee pursuant to subclause 34.7 hereof before the leave right thereto has accrued due, due and the Company may deduct Employee subsequently leaves or is discharged from the balance service of the payment to Employer before completing the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period twelve months’ continuous service in respect of which the annual leave has not been takenwas granted, provided that the loading in clause 17.6 shall only be paid in respect Employer may deduct the amount of paid out annual leave for employees who have been employed for a minimum 12 months with such excess from any remuneration payable to the CompanyEmployee under Subclause 34.9 above.
Appears in 4 contracts
Samples: Performers’ Collective Agreement, Performers’ Collective Agreement, Performers’ Collective Agreement
Annual Leave. 17.1 An (a) Annual Leave Entitlement - General Full time employees accrue the equivalent of four weeks’ paid annual leave per year. Part-time employees accrue paid annual leave on a pro-rata basis. Annual leave is credited for each completed four week period. Annual leave shall be given and taken in accordance with the following rules:
(i) Annual holiday shall be given and taken either in one consecutive period or two periods which shall be of three weeks’ and one week respectively, or if the employee shall and the employer so agree, three or more separate periods.
(ii) If the employee and the employer agree, leave may be taken wholly or partly in advance of the entitlement being credited to the employee. If the employee is given leave in advance, that employee shall: A not be entitled to four weeks further leave until the amount that is credited to the employee equates to the amount of leave given in advance and the further amount of leave to be taken; B repay on termination of employment any amount of pay for leave given in advance or permit the employer to deduct that amount from any amount otherwise owing to the employee on termination.
(iii) Where the employer requires an employee to take any annual leave for each twelve months’ service with credited to him or her, the Company, exclusive employer shall give an employee at least one month’s notice of public holidays. Annual the date from which the employee’s annual leave accumulates monthly on a pro rata basisis required to be taken.
17.2 The annual leave entitlement for each (iv) In order to allow the temporary closure of part time employee shall be calculated pro rata according to or all of one of the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between employer’s establishments the Company and employer may require the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut downof up to 4 weeks, including to take leave in advance, in which case the employer shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required. Once in any such shut down over the Christmas and New Year 12 month period, provided an employee may elect in writing to forgo up to 2 weeks of accrued annual leave, and receive a monetary payment equal to the amount the employee has an would have received had the employee taken the accrued annual leave balance that will at least cover the period of the shut down.
17.5 leave. The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual will be reduced by the amount of leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employmentpaid out.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 3 contracts
Samples: Collective Agreement, Workplace Agreement, Workplace Agreement
Annual Leave.
17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 3 contracts
Samples: Employer Greenfields Agreement, Employer Greenfields Agreement, Employer Greenfields Agreement
Annual Leave. 17.1 An employee shall be entitled to 32.1 Annual leave is provided for in the NES. This clause supplements the NES provisions. (Note: The NES provides for four weeks annual leave for each twelve months’ service 12 months of service; or five weeks annual leave for some shift workers for each 12 months of service)
32.2 Annual leave shall be given and taken during the non-term weeks following the end of term four in each school year unless otherwise agreed in writing.
32.3 Where, in accordance with the Companyrequirements of the Act, exclusive annual leave is to be recredited this shall occur and the leave be deemed to be taken during the next available non-term weeks other than in the case of public holidaysan employee who is not required to work during the relevant non- term period and is in receipt of averaged pay for that period pursuant to clause 13.2.
32.4 Annual leave loading
(a) During a period of annual leave, an employee will receive a loading calculated on the rate of wage prescribed in clause 17ͶMinimum wages/salary of this Agreement. Annual leave accumulates monthly loading is payable on a pro rata basis.leave accrued on the following bases:
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the (i) employees who would have worked on day work only had they not been on leaveͶ17.5% of their ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company (ii) employees who would have worked on shiftwork had they not been on leaveͶ 17.5% of their ordinary rate of pay or the applicable shift loading, whichever is the greater.
(b) Except that an employer may, at its election, pay:
(i) annual leave loading to the employee with each salary payment throughout the school year by increasing the annual rate of pay as at the commencement of the school year, or as subsequently varied, by 1.3426%. Where an employer elects to pay annual leave loading with each salary payment throughout the school year, the employer must advise the employee in writing; or
(ii) annual leave loading in respect of the school year to the employee with the first salary payment in December of that school year at the rate of pay applicable on 1 December of that school year.
32.5 Paid leave in advance of accrued entitlement
(a) An employer may agree to allow an employee, whose pay is not averaged pursuant to sub-clause 13.2 of this Agreement, to take annual leave either wholly or partly in advance before the employee has accrued an entitlement to the leave.
(b) Such an agreement shall be in writing and:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(i) be signed by the employer and employee and, if the employee is under 18
(c) The employer shall keep a copy of any agreement under this sub-clause 32.5 (c) as an employee before the right thereto has accrued duerecord.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.(d) tŚĞƌĞ ƉĂŝĚ ůĞĂǀĞ ŚĂƐ ďĞĞŶ ŐƌĂŶƚĞĚ ƚŽ Ă
Appears in 3 contracts
Samples: General Staff Multi Enterprise Agreement, General Staff Multi Enterprise Agreement, General Staff Multi Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled 14.1 Paid Annual Leave entitlements under this Clause apply to four weeks Full-time and Part- time Employees.
14.2 Employees will accrue annual leave for in respect of ordinary hours which are:
(a) worked by the Employee; and/or
(b) taken as authorised leave by the Employee (authorised leave includes Personal Leave, Compassionate Leave and annual leave but does not include periods of Parental Leave.
14.3 Full-time Employees will accrue a maximum of twenty days of annual leave during each twelve months’ service with the Company, exclusive year of public holidays. Annual leave accumulates monthly on continuous service.
14.4 Part-time Employees will accrue a pro rata basisamount of annual leave.
17.2 The 14.5 Payment during a period of annual leave entitlement will be at the Ordinary Rate of Pay with an additional Annual Leave Loading of 17.5%
14.6 Annual leave that an Employee has accrued but not taken will be paid out on termination of employment. Such payment will be at the Ordinary Rate of Pay with an additional Annual Leave Loading of 17.5%.
14.7 An Employee must give the Company not less than two weeks notice of their intention to take Annual Leave. The Company must give the Employee not less than two weeks notice when the Company requires the Employee to take Annual Leave.
14.8 Where the Company agrees, an Employee can take annual leave they have not yet accrued. If an Employee’s employment is terminated for each part time employee shall be calculated pro rata according any reason, the Employee must pay the Company an amount equal to any annual leave taken by the Employee, which they had not yet accrued. Alternatively, at its election, the Company can deduct an amount in lieu of such leave from any monies owing to the ordinary hours he or she actually worksEmployee on termination of the Employee’s employment.
17.3 The time of giving and taking of leave shall be by mutual arrangement between 14.9 An Employee must take Annual Leave within the calendar year in which the Annual Leave is accrued. Where the Company and agrees, an Employee can take Annual Leave within the employee concernedfirst three months of the following calendar year.
17.4 The 14.10 An Employee may only take a maximum period of ten consecutive Annual Leave days in any one period. Where the Company may direct agrees, an employee Employee can take an Annual Leave period that is longer than ten consecutive Annual Leave days.
14.11 Where the Company conducts plant shutdown periods, Employees are required to take annual leave during any shut downthese periods. For the purpose of Annual Leave, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that plant shutdown periods will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up be limited to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weekstwo per year. An Employee will be given one months notice of any intended plant shutdown periods.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 3 contracts
Samples: Raw Material Delivery Drivers' Agreement, Concrete Batching Plant Workers’ Agreement, Concrete Delivery Drivers’ Agreement
Annual Leave. 17.1 An A salaried employee shall be entitled has an entitlement to four weeks annual leave 28 days Company Annual Leave during each holiday year, for each twelve months’ service with employees who are contracted to work less than 161 offshore days the Company, exclusive of public holidaysentitlement is pro-rata. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each forms part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of paid onshore leave and is factored into the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 general work cycle. Payment for annual leave shall be made at is paid in addition to salary, in equal instalments throughout the relevant minimum rate of pay year unless an employee does not carry out the contracted working days offshore in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow which case the annual leave is accrued. Where salaried employees are paid additional payments over and above their annual salary (in line with Salaries and Appendix I), excluding travel allowance, they will be entitled to be taken by an employee before the right thereto has accrued due.
17.8 additional 11.83% holiday pay to provide compensation for average holiday pay. An employee has the right to make an application in writing to designate 28 days per year or their pro rata’d days per year, during the onshore period, as Company Annual Leave. A period of Company Annual Leave cannot be taken in blocks of more than 2 weeks. If an application for Company Annual Leave is approved by the employer, the Salaried Employee will not be required to be available for work or to attend training, medicals or offshore survival courses during that period. Annual leave will continue to be paid as above. The employer has the right to accept or decline an application for Annual Leave in accordance with business or client needs. The employer also has the right to dictate when Company Annual Leave must be taken, should it wish to do so. Unless with prior written agreement, or under the Regulations, there is no entitlement to carry forward any unused entitlement to Company Annual Leave from one year to the payment next. The holiday year is from 1st September until 31st August. In the event of temporary down xxxxxxx, salaried employees are obliged to work on any installation, vessel covered by this Agreement or other location onshore as the loadingemployer directs. In the event of a requirement to reduce the number of employees at any work site the employee may be required to work at a different worksite, when annual only once the normal onshore leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted taken. After the normal onshore leave period has been taken the employee must be contactable and available to an employee before the leave has accrued duemobilise. That work may be on a different rota or other work pattern. In that event, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall will not be entitled to a pro rata loss of leave payment calculated under the clause below. The employer will endeavour, so far as reasonably practicable, to offer work based on his the same rota or her relevant minimum rate of pay in clause 19 – Minimum wagesits nearest equivalent. When the employee is temporarily downmanned from the unit to which he/she is assigned, for the period in respect of which annual leave has and redundancy does not been takenapply, provided that the loading in clause 17.6 shall only their normal salary and appropriate allowances will continue to be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companypayable.
Appears in 3 contracts
Samples: Joint Memorandum of Understanding, Joint Memorandum of Understanding, Joint Memorandum of Understanding
Annual Leave. 17.1 23.1 The Employees will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until an Employee has completed 12 months of continuous service, except where Xxxxxxxxx agrees to allow an Employee to take Annual Leave in advance of this.
23.2 Payment for Annual Leave will be made at the rate of an employee’s Weekday Flat Hourly rate set out in the table in clause 16.1, for a maximum of 38 hours week of leave, and is inclusive of Leave Loading.
23.3 An employee shall be entitled to four weeks annual leave for each twelve months’ paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service with the Company, exclusive and that they were not dismissed as a result of public holidays. Annual leave accumulates monthly on a pro rata basistheir behaviour or performance before completing 12 months continuous service.
17.2 23.4 The annual leave entitlement for each part time employee shall be calculated pro rata according Employees must, subject to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to Act, take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period half of their Annual Leave accrual each year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the shut down.
17.5 Annual Leave that they accrue in any one year, subject to Xxxxxxxx’x agreement. The Company may direct an employee to take up to maximum amount of Annual Leave that can be cashed- out in any one year is two weeks for a quarter of his or her total accrued annual leave entitlement if the full-time employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall . Cashed-out Annual Leave will be made paid at the relevant minimum Annual Leave rate of pay in clause 19 – Minimum wagesapplicable at the time that the Employee makes the election to cash-out that amount of Annual Leave. If the Employee chooses to cash-out some Annual Leave under this Clause, plus this payment will be made to the Employee within a loading reasonable time that is agreed between Xxxxxxxxx and the Employee at the time that the Employee makes the election to cash-out that amount of 17.5 per cent on that rate of payAnnual Leave.
17.7 The Company 23.5 Fletchers may allow annual leave require an Employee to be taken take some or all of their accrued Annual Leave, in accordance with the Act, as and when nominated by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, Xxxxxxxxx provided that Xxxxxxxxx gives the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the CompanyEmployee at least 14 days notice.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Annual Leave. 17.1 An employee (1) Except as provided in subclause (2), practitioners shall be entitled to four 4 weeks annual leave for each twelve months’ service with the Company, exclusive of public holidayson full pay after 52 weeks continuous service. Annual leave accumulates monthly The entitlement accrues pro rata on a pro rata weekly basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according (2) Practitioners who are rostered to the work their ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave on Sundays and/or public holidays during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the a qualifying period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment employment for annual leave shall be made entitled to receive additional annual leave as follows -
(a) If 35 ordinary shifts on such days have been worked - one week
(b) If less than 35 ordinary shifts on such days have been worked the practitioner shall be entitled to have one additional day's leave for each seven ordinary shifts so worked, however the maximum additional leave shall not exceed five working days.
(3) A practitioner who during a qualifying period towards an entitlement of annual leave was employed on a part time or sessional basis may elect to take a lesser period of annual leave calculated by converting the part time or sessional service to equivalent full time service.
(4) The annual leave prescribed in this clause may be split into portions, and may be taken in periods of one day or less, by agreement between the Employer and the practitioner.
(5) Accrued annual leave may, by agreement between the Employer and practitioner, be taken before the completion of 52 weeks continuous service.
(6) Annual leave may also, by agreement between the Employer and practitioner, be taken in advance of it having accrued. In such a case the advance payment shall be offset against any future leave accrual or against monies otherwise payable to the practitioner on termination. No refund is required in the event of the death of the practitioner.
(7) All annual leave taken shall be at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading salary applicable at the time of 17.5 per cent on that rate of paytaking such leave.
17.7 (8) When the convenience of the hospital is served the Employer may approve the deferment of the commencing date for taking annual leave, but such approval shall only remain in force for one year. The Company Employer may allow renew the approval for a further period of a year or further periods of a year. If, as a result, the practitioner accumulates more than three years entitlement, the Employer may impose conditions on the taking of the leave.
(9) The Employer undertakes to ensure adequate staffing levels to enable practitioners to take their accrued annual leave. The hospital shall confirm a practitioner’s annual leave in writing, within two weeks of the practitioner’s written application to be taken by an employee before take the right thereto has accrued dueleave.
17.8 An employee has no entitlement (10) Practitioners upon request shall receive their ordinary pay and any allowances due to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of them for the period of their annual leave prior to going on such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementannual leave.
17.9 Where leave has been granted to an employee before the leave has accrued due(a) If a practitioner lawfully leaves their employment, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose their employment is terminated by the Company Employer through no fault of the practitioner, before the practitioner has taken annual leave to which they are entitled, the practitioner is to be paid for the untaken leave.
(b) If any practitioner leaves their employment, or who lawfully leaves their employment is terminated by the employment Employer, in circumstances other than those referred to in paragraph (a), before the practitioner has taken annual leave to which they are entitled, the practitioner is only to be paid for any untaken leave that relates to a completed year of service.
(c) Payment in lieu of any untaken annual leave shall be entitled made on the death of a practitioner.
(12) Annual leave loading has been annualised into the base salary.
(13) In the case of a practitioner transferring from one hospital to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for another hospital the period in respect of which annual leave entitlement may be transferred.
(14) A practitioner who has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out accrued more than four weeks annual leave for employees who have been employed for a minimum 12 months may by written agreement with the CompanyEmployer cash out some or all of the excess.
Appears in 2 contracts
Samples: Industrial Agreement, Medical Practitioners Agreement
Annual Leave. 17.1 23.1 The Employees will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until an Employee has completed 12 months of continuous service, except where Xxxxxxxxx agrees to allow an Employee to take Annual Leave in advance of this.
23.2 Payment for Annual Leave will be made at the rate of an employee’s Weekday Flat Hourly rate set out in the table in clause 16.1, for a maximum of 38 hours per week of leave, and is inclusive of Leave Loading.
23.3 An employee shall be entitled to four weeks annual leave for each twelve months’ paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service with the Company, exclusive and that they were not dismissed as a result of public holidays. Annual leave accumulates monthly on a pro rata basistheir behaviour or performance before completing 12 months continuous service.
17.2 23.4 The annual leave entitlement for each part time employee shall be calculated pro rata according Employees must, subject to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to Act, take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period half of their Annual Leave accrual each year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the shut down.
17.5 Annual Leave that they accrue in any one year, subject to Xxxxxxxx’x agreement. The Company may direct an employee to take up to maximum amount of Annual Leave that can be cashed- out in any one year is two weeks for a quarter of his or her total accrued annual leave entitlement if the full-time employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall . Cashed-out Annual Leave will be made paid at the relevant minimum Annual Leave rate of pay in clause 19 – Minimum wagesapplicable at the time that the Employee makes the election to cash-out that amount of Annual Leave. If the Employee chooses to cash-out some Annual Leave under this Clause, plus this payment will be made to the Employee within a loading reasonable time that is agreed between Xxxxxxxxx and the Employee at the time that the Employee makes the election to cash-out that amount of 17.5 per cent on that rate of payAnnual Leave.
17.7 The Company 23.5 Fletchers may allow annual leave require an Employee to be taken take some or all of their accrued Annual Leave, in accordance with the Act, as and when nominated by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, Xxxxxxxxx provided that Xxxxxxxxx gives the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the CompanyEmployee at least 14 days notice.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Annual Leave. 17.1 An Each employee of this Unit shall be entitled to four weeks accrue and accumulate annual leave for each twelve months’ at various rates as set forth below based on length of continuous service with the Company, exclusive of public holidayssuch employee. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according used to provide for paid time off on legal holidays which are normally scheduled work days and for other forms of personal paid leave including, but not limited to, employee development leave. Less than 2 years 30 days Two (2) years less than six (6) years 33 days Six (6) years less than eight (8) years 35 days Eight (8) years or more 40 days Employees may carry over a maximum of twenty (20) unused leave days from one fiscal year to the ordinary hours he next succeeding fiscal year. Employees who begin to work after the beginning of the fiscal year shall receive a proration of the annual accrual based on their start work date. Employees who leave prior to the end of the fiscal year shall receive an adjustment in their annual accrual based on their length of service in their final year. Employees who separate during the year and who have used more than their annual accrual, shall have a proportionate adjustment from their final paycheck. Any employee leaving prior to the end of the first full year of employment shall have no vested accrual. Employees who reach the maximum leave balance, inclusive of any carry over, shall cease to accrue any additional paid time off. Employees who now are provided with paid legal holidays or she actually works.
17.3 The other supplemental paid time of giving and taking of leave off benefits established by mutual agreement may continue to receive such benefits. However, in no case shall maximum annual accrual exceed 40 days. Any employee hired after September 24, 2002 shall be by mutual arrangement between limited to the Company accrual rates as provided in this section, and will not be eligible for additional paid time off. For Obstetricians/Gynecologists and Anesthesiologists who are in-house when taking call, in any pay period in which a county recognized holiday falls, if the employee works a minimum of 80 hours in that pay period, and takes in-house call the employee's leave accruals shall not be deducted if the employee is not scheduled to work on that holiday. Inversely, if the employee does not work a minimum of 80 hours in the pay period a holiday falls and the employee concerned.
17.4 The Company may direct an employee is not scheduled to take work on that holiday, then the employee's annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave accrual shall be made at deducted the relevant minimum rate total number of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave hours needed to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee complete 80 hours for that leave period from whatever remuneration is payable to him particular pay period. This section shall not affect the paid legal holidays or her upon supplemental paid time off benefits established by mutual agreement defined in the cessation of employmentparagraph above.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Annual Leave. 17.1
a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) An Employee is terminated by required to give one weeks’ notice of a request to take well-being leave. The Company cannot refuse a request for an Employee to take well-being leave.
(v) On termination the Company or who lawfully leaves the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate an Employee.
(vi) Accruals for Well-being leave will commence from 1/5/2023.
(vii) For the purposes of pay in this clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companycalendar year is January through to December.
Appears in 2 contracts
Samples: Construction Agreement, Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an a full time employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeksweeks (or pro rata in the case of a part time employee).
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Samples: Employer Greenfields Agreement, Employer Greenfields Agreement
Annual Leave. 17.1 An employee shall be entitled A Salaried Employee has an entitlement to four weeks annual leave for 28 days Company Annual Leave during each twelve months’ service with the Company, exclusive of public holidaysholiday year. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each forms part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of paid onshore leave and is factored into the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 general work cycle. Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 is included within salary. An employee has the right to make an application in writing to designate 28 days per year, during the onshore period, as Company Annual Leave. A period of Company Annual Leave cannot be taken in blocks of more than 2 weeks. If an application for Company Annual Leave is approved by the employer, the Salaried Employee will not be required to be available for work or to attend training, medicals or offshore survival courses during that period. The employer has the right to accept or decline an application for Annual Leave in accordance with business or client needs. The employer also has the right to dictate when Company Annual Leave must be taken, should it wish to do so. Unless with prior written agreement, or under the Regulations, there is no entitlement to carry forward any unused entitlement to Company Annual Leave from one holiday year to the payment next. Unless otherwise specified the holiday year is a calendar year, from 1st September until 31st August. Salaried Employees will receive salary payments during periods of approved Company Annual Leave in the loadingusual way, when annual which shall be regarded as Company Annual Leave pay. In the event of temporary down xxxxxxx, Salaried Employees are obliged to work on any installation, vessel covered by this Agreement or other location onshore as the employer directs. In the event of a requirement to reduce the number of employees at any work site the employee may be required to work at a different worksite, only once the normal onshore leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued duetaken. That work may be on a different rota or other work pattern. In that event, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall will not be entitled to a pro rata loss of leave payment calculated under the clause below. The employer will endeavour, so far as reasonably practicable, to offer work on his the basis of the same rota or her relevant minimum rate of pay in clause 19 – Minimum wagesit’s nearest equivalent. During this period Salaried Employees will continue to receive salary. When the employee is temporarily downmanned from the unit to which he/she is assigned, for the period in respect of which annual leave has and redundancy does not been takenapply, provided that the loading in clause 17.6 shall only usual salary and appropriate allowances will continue to be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companypayable.
Appears in 2 contracts
Samples: Joint Memorandum of Agreement, Joint Memorandum of Agreement
Annual Leave. 17.1 20.1 Employees covered by this Agreement shall earn annual leave in accordance with the following schedule: Effective January 1, 2012 Years of Service 1st year to 8th year 9th year to 16th year 17th year to 24th year 25th year to 32nd year 33rd year and upwards Entitlement for each completed month of continuous service 1-1/4 days per month (3 weeks) 1-2/3 days per month (4 weeks) 2-1/12 days per month (5 weeks) 2-1/2 days per month (6 weeks) 2-11/12 days per month (7 weeks) A completed month shall be a calendar month in which a minimum of ten (10) days' pay is received.
20.2 An employee retiring on account of age or disability shall be granted full Annual leave in that year.
20.3 An employee separated from the service of the Corporation in any way other than that provided in Article 20.2 shall be granted or paid for Annual leave accrued at the date of separation. Annual leave granted in excess of earned credits shall be retained from any amount payable to a separated employee.
20.4 Employees may carry over to the next calendar year ten (10) days or one-half (1/2) of the previous year's Annual leave entitlement, whichever is the greater. Any extension will require the approval of the Corporation.
20.5 Employees shall receive a vacation bonus in each year of $50.00 per week of vacation entitlement (excluding furlough and special leave credits transferred to Annual leave) for that year and payment shall be made in April. Any bonus paid in excess of entitlement shall be recovered from any amount payable to a separated employee other than a deceased employee.
20.6 Salary will be paid during Annual leave at the rate of an employee's regular classification or at his acting rate if it has been in force for at least fifteen (15) days, or if he is on acting rate as a result of a bulletined assignment.
20.7 Scheduled Annual leave shall only be cancelled for unforeseen circumstances. Prior cancellation of approved Annual leave will entitle the employee affected to reimbursement of any loss occasioned by the cancellation.
20.8 An employee recalled during his period of Annual or Compensatory Leave shall be paid during such recall at double his regular or acting rate and he shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut downmissed leave at a later date.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave 20.9 Employees covered by this Agreement shall be made at the relevant minimum rate advised in January of pay in clause 19 – Minimum wages, plus a loading each year of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the their balance of the payment to the employee for that Annual leave period from whatever remuneration is payable to him or her upon the cessation of employmentcredits.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Annual Leave. 17.1 19.1. The Employees will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until the Employee has completed 12 months of continuous service, except where the Company agrees to allow the Employee to take Annual Leave in advance of this.
19.2. The Cents Per Kilometre rates set out in the table in clause 9.1, include 1.5cpk as payment for an employee’s Annual Leave and Leave Loading. This amount is higher than the Award Entitlement and has been rounded up to 1.5cpk. The Company will withhold the 1.5cpk from the Employee’s weekly wage and the Employee will be paid this amount for their Annual Leave and Leave Loading at the time they take it.
19.3. An employee shall be entitled paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service and that they were not dismissed as a result of their behaviour or performance before completing 12 months continuous service. Leave Loading is not payable on unused Annual Leave entitlements when they are paid out at the end of the employees’ employment.
19.4. The Employees must, subject to four weeks annual leave for the Act, take at least half of their Annual Leave accrual each twelve months’ service with year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the Annual Leave that they accrue in any one year, subject to the Company’s agreement. The maximum amount of Annual Leave that can be cashed-out in any one year is two weeks for a full-time employee. Cashed-out Annual Leave will be paid at the Annual Leave rate of pay applicable at the time that the Employee makes the election to cash-out that amount of Annual Leave. If the Employee chooses to cash-out some Annual Leave under this Clause, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall this payment will be calculated pro rata according made to the ordinary hours he or she actually works.
17.3 The Employee within a reasonable time of giving and taking of leave shall be by mutual arrangement that is agreed between the Company and the employee concernedEmployee at the time that the Employee makes the election to cash-out that amount of Annual Leave.
17.4 19.5. The Company may direct require an employee Employee to take annual leave during any shut downsome or all of their accrued Annual Leave, including any such shut down over in accordance with the Christmas Act, as and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated nominated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with Company gives the CompanyEmployee at least 14 days notice.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Annual Leave. 17.1 An employee shall be entitled A Salaried Employee has an entitlement to four weeks annual leave for 28 days Company Annual Leave during each twelve months’ service with the Company, exclusive of public holidaysholiday year. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each forms part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of paid onshore leave and is factored into the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 general work cycle. Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 is included within salary. An employee has the right to make an application in writing to designate 28 days per year, during the onshore period, as Company Annual Leave. A period of Company Annual Leave cannot be taken in blocks of more than 2 weeks. If an application for Company Annual Leave is approved by the employer, the Salaried Employee will not be required to be available for work or to attend training, medicals or offshore survival courses during that period. The employer has the right to accept or decline an application for Annual Leave in accordance with business or client needs. The employer also has the right to dictate when Company Annual Leave must be taken, should it wish to do so. Unless with prior written agreement, or under the Regulations, there is no entitlement to carry forward any unused entitlement to Company Annual Leave from one year to the payment next. The holiday year is from 1st September until 31st August. Salaried Employees will receive salary payments during periods of approved Company Annual Leave in the loadingusual way, when annual which shall be regarded as Company Annual Leave pay. In the event of temporary down xxxxxxx, Salaried Employees are obliged to work on any installation, vessel covered by this Agreement or other location onshore as the employer directs. In the event of a requirement to reduce the number of employees at any work site the employee may be required to work at a different worksite, only once the normal onshore leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted taken. After the normal onshore leave period has been taken the employee must be contactable and available to an employee before the leave has accrued duemobilise. That work may be on a different rota or other work pattern. In that event, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall will not be entitled to a pro rata loss of leave payment calculated under the clause below. The employer will endeavour, so far as reasonably practicable, to offer work on his the basis of the same rota or her relevant minimum rate of pay in clause 19 – Minimum wagesits nearest equivalent. During the temporary downman Salaried Employees will continue to receive salary. When the employee is temporarily downmanned from the unit to which he/she is assigned, for the period in respect of which annual leave has and redundancy does not been takenapply, provided that the loading in clause 17.6 shall only usual salary and appropriate allowances will continue to be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companypayable.
Appears in 2 contracts
Samples: Joint Memorandum of Agreement, Joint Memorandum of Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part 23.1 Every full-time employee shall be calculated pro rata according to at the ordinary end of each year of employment become entitled to:
23.1.1 Annual leave of 152 hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.'s ordinary time earnings;
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus 23.1.2 Plus a loading of 17.5 per cent on that rate of paythe appropriate rates prescribed in clause 9 for each of the four weeks up to a maximum total payment equivalent to one week of Average Weekly Earnings.
17.7 23.1.3 Pro-rata entitlements shall apply to part-time employees.
23.2 The Company may allow annual leave to shall be given and taken:
23.2.1 In four consecutive weeks or, if the employee and the employer agree, in such separate periods as are agreed; and
23.2.2 Before the expiration of six months after the leave right accrues, provided that leave may be deferred in whole or part by agreement between the employee and the employer.
23.3 If the employer and the employee agree, the annual leave may be taken by an employee in whole or in part in advance before the right thereto has accrued due.
17.8 An employee has no entitlement become entitled to the payment Annual Leave. In such circumstances accrual of further annual leave entitlements shall not commence until after the expiration of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect year of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been partly or wholly taken.
23.4 The employer must:
23.4.1 Give each employee at least seven (7) days' notice of the date from which annual leave shall be taken;
23.4.2 Pay the pay and loading entitlements for the leave period in advance to each employee before the employee's leave commences.
23.5 Where any public holiday for which the employee is entitled to payment occurs during a period of annual leave, provided that the loading in clause 17.6 period of leave shall only be paid increased by one day in respect of paid out that holiday.
23.6 Payment shall not be made by the employer to any Permanent Employee in lieu of any annual leave entitlement, nor shall such payment be accepted by the employee; provided that where employment is terminated the employer shall:
23.6.1 Pay to the employee all outstanding leave entitlements and pro-rata payments for employees who have been employed the partially completed current year;
23.6.2 Be entitled to make a deduction from any outstanding monies for any leave taken in advance of a minimum 12 months with period of uncompleted employment.
23.7 A year of employment shall be deemed to be unbroken notwithstanding:
23.7.1 Any annual or long service leave, personal or accident leave not exceeding fourteen days or work interruption brought about by the Companycompany - in such circumstances the periods shall be counted as part of the year of employment;
23.7.2 Any other leave which is granted, imposed or agreed to by the employer, or any other absence not involving termination of employment - in such circumstances the period shall not be counted as part of the year of employment.
Appears in 2 contracts
Samples: Market & Social Research Industry Agreement, Market & Social Research Industry Agreement
Annual Leave. 17.1 An employee shall be Fulltime and Part-time Employees are entitled to four weeks accrue an amount of paid annual leave, for each completed 4 week period of continuous service with an Employer, of 1/13 of the number of nominal hours worked by the Employee for the Employer during that 4 week period. An Employee can only take a period of annual leave for each twelve months’ service with once the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basishas accrued and been credited to the Employee.
17.2 The annual leave entitlement for each part time employee Employer shall be calculated pro rata according to give the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will Employee at least cover the period 14 days' notice of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for date from which such Employee's annual leave shall be taken.
17.3 Should an Employee wish to apply to take annual leave, they must provide written request directly to the Employer at least 14 days before the desired start date of leave. Approval will be made at the relevant minimum discretion of the Employer and will be based on the operational requirements of the business.
17.4 Annual leave loading is not payable at the time of taking leave, as it has been incorporated into the loaded hourly wage rate.
17.5 Employees may request to cash out up to two weeks of their credited annual leave entitlement every 12 months (or the pro-rata equivalent for part-time Employees). Employees who wish to cash out annual leave must complete the election which is included as Attachment 3 to this Agreement. Cashed out annual leave is paid at the rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of paythe Employee receives at time when the election is made.
17.7 The Company 17.6 Any leave accrued prior to signing this Agreement will be carried over and at the time of taking such leave will be paid at the wage rate the Employee was in receipt of prior to signing this Agreement with any relevant loadings that may allow annual have applied. By written agreement between the Employer and Employee, accrued leave can be elected to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable paid out at the accruing time of the entitlementsigning this agreement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Employee Collective Agreement
Annual Leave. 17.1 An 33.1 Annual leave entitlement and annual leave loading
33.1.1 Except as otherwise provided in this Agreement, every employee shall for each year of employment by the employer be entitled to four an annual holiday of 4 weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wagespay, plus a loading of 17.5 per cent on that rate 17.5%. This entitlement will accrue progressively during a year of payservice according to the employee’s ordinary hours of work and shall accumulate from one year to the next.
17.7 The Company may allow 33.1.2 In the case of a shift worker where the employee would have received shift loadings had the employee not been on leave during the relative period and such loadings would have entitled such employee to a greater amount than the 17.5% loading, then the shift loadings shall be added to the employee's ordinary pay in lieu of the annual leave to be taken by an employee before the right thereto has accrued dueloading.
17.8 An 33.1.3 In the case of a weekly employee has no entitlement engaged under a system of payment by results, such employee shall, in addition to his/her ordinary pay, receive either the payment average of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable weekly additional payments earned under such system in respect of ordinary hours worked over the period of such leave and preceding 13 weeks or the loading prescribed in Clause 33.1.1 hereto whichever is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementgreater.
17.9 Where 33.1.4 The annual leave has been granted loading prescribed in this clause shall only apply to an employee before the weekly employees and shall not be applicable to proportionate leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation on termination of employment.
17.10 An 33.2 Annual leave entitlement - 7-day shift workers
33.2.1 In addition to the leave hereinbefore prescribed 7-day shift workers who are rostered to work regularly on Sundays and holidays shall be allowed one week leave including non-working days; plus a loading of 17.5%.
33.2.2 Where an employee whose with one year continuous employment is terminated by engaged for part of the Company or who lawfully leaves the employment yearly period as a 7 day shift worker, he/she shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for have the period of annual leave hereinbefore prescribed increased by half a day for each month he/she is continuously engaged as aforesaid.
33.2.3 In the case of an employee who is engaged for part of any year of employment as a 7 day shift worker, and whose employment is terminated, he/she shall be paid in addition to any other amounts due an additional amount equal to one twelfth of the employee's ordinary pay in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect his/her period of paid out annual leave for employees who have been employed for employment as a minimum 12 months with the Company7 day shift worker.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall (a) Full-time Employees will be entitled to four 4 weeks of annual leave each year, accrued gradually as time is worked. Shiftworkers will be entitled to an additional 1 week of annual leave as set out in the NES.
(b) For the additional 1 week of annual leave provided for each twelve months’ service with in the CompanyNES, exclusive of a shiftworker is a 7-day shiftworker who is regularly rostered to work on Sundays and public holidays. Annual .
(c) Part-time Employees shall accrue annual leave accumulates monthly on a pro rata basis.
17.2 (d) Annual leave will be paid at the ordinary hourly rate of pay under this Agreement, at the time the Employee takes annual leave, and this excludes overtime, shift loadings, weekend penalty rates, special rates, travel and fares and expense reimbursements.
(e) When an Employee takes a period of annual leave, the Employee will be paid an annual leave loading of 17.5%.
(f) The annual leave entitlement for each part time employee shall be calculated pro rata according loading prescribed will also apply to the ordinary hours he accrued and outstanding leave on termination, except where an Employee is summarily dismissed by reason of malingering, inefficiency, neglect of duty, misconduct or she actually worksrefusing duty.
17.3 The time of giving and taking of (g) Annual leave shall be taken at a time which is approved by mutual arrangement between the Company Employer as being convenient having regard to overall operational and xxxxxxx requirements of the employee concerned.
17.4 The Company may direct an employee Employer. Employees shall be required to provide at least 4 weeks’ notice of a request to take annual leave during any shut down, including any such shut down over unless otherwise agreed by the Christmas Employer and New Year period, Employee.
(h) An Employee may take annual leave in advance of completing 12 months service provided the employee taken amount doesn’t exceed the Employee’s pro rata accrued entitlement. On termination, any amount taken in advance which has an not accrued annual leave balance that will at least cover the period of the shut downand is outstanding may be withheld from any owed wages.
17.5 The Company may direct an employee to take up to a quarter (i) On termination of his or her total employment, the value of any accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for but untaken annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of paypaid out to an Employee.
17.7 The Company may allow (j) Where an Employee has more than 8 weeks annual leave accrued, or 10 weeks annual leave for shiftworkers, the Employer may direct the Employee to take annual leave. Any direction under this subclause:
(A) shall not result in the Employee having less than 6 weeks annual leave when taking into account any other annual leave
(B) must not require the Employee to take any period of annual leave of less than 1 week.
(C) must be given at least 8 weeks (and not more than 12 months) prior to the taking of the annual leave; and
(D) must not be inconsistent with any leave arrangement agreed by the Employer and Employee.
(k) The Employer may direct an Employee to take any accrued annual leave during the Employer’s annual close-down. The type of leave (RDO or annual leave) to be taken for the Christmas/New Year period will be negotiated. The Employer must provide at least 2 months’ written notice of the close-down or a shorter period if agreed upon by an employee before the right thereto has accrued dueEmployer and the majority of affected Employees.
17.8 An employee has no entitlement (l) Annual leave may be cashed out by agreement between the Employer and Employee, subject to the following:
(A) the agreement must be in writing and signed by the Employer and Employee (if the Employee is less than 18 years of age, the agreement must be signed by a parent or guardian).
(B) the date for payment is to be made must be specified in the agreement.
(C) the payment must not result in the Employee having a remaining balance of less than 4 weeks.
(D) the loading, when maximum amount of accrued paid annual leave that may be cashed out in any 12-month period is taken wholly or partly in advance, until an entitlement accrues due and 2 weeks; and
(E) the loading is then payable in respect Employer must keep a copy of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementany agreement.
17.9 Where (m) must not be inconsistent with any leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated arrangement agreed by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.Employer and Employee
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 37.1 Every employee (other than a casual employee) covered by this Agreement shall accrue 5 weeks annual leave on full pay over a 12 month period. Annual leave accruals will be debited to an employee on a weekly basis. This will be pro rata entitlements for part time employees.
37.2 Provided that annual leave as prescribed in 38.1 is not to accrue during periods of leave without pay authorized by Council or otherwise which is in excess of 3 consecutive days.
37.3 For the purpose of this clause, leave without pay does not include any period of absence of less than three months during which the employee is entitled to payment under the WorkCover Queensland Act 1996.
37.4 Annual leave shall be exclusive of any statutory holiday occurring during the period of that annual leave . Payment for statutory holidays may be made in advance. Where an employee is terminated or terminates the employment arrangement, the employee is entitled to ordinary pay for any statutory holidays which would have occurred within the period of the annual leave balance had the employee taken this leave at the termination of the employment.
37.5 Employees may elect to have leave (annual, long service, parental) entitlements paid in advance. Where payment is to be made in advance, the leave to be taken shall be paid in the last pay run where work has been performed, prior to the leave occurring.
37.6 In the case of an employee who was performing higher duties as prescribed in clause 22 of this agreement, immediately prior to the taking of annual leave at the following rates: An employee having performed higher duties for: Proportion of Annual Leave to be paid at higher duties rate Less than three months 25% Three months or more but less than six months 50% Six months or more but less than nine months 75% Nine months or more 100% Provided that the period of time that the employee has performed duties is the aggregate of the time the employee has performed the higher duties during the twelve months preceding the taking of annual leave. However, there will be no double counting of any period the employee has performed higher duties and for which payment on annual leave was made. Provided that no contrived arrangement involving the deployment of any employee will be entered into so as to deprive an employee of or affect the benefits of this provision.
37.7 On the termination of the employment of any employee, such employee shall be entitled to four weeks paid for any untaken annual leave for each twelve months’ service with standing to the Companyemployee’s credit, exclusive of public holidays. Annual and any remaining pro rated annual leave accumulates monthly on a pro rata basisentitlements.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of 37.8 Annual leave shall be by mutual arrangement between given and taken at a time mutually convenient to the Company Council and the employee concerned.
17.4 The Company concerned as far as practicable: Provided that Council, by giving at least one month’s notice, may direct require an employee to take annual leave during any shut down, including any such shut down over commencing not earlier than the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period anniversary of the shut down.
17.5 The Company may direct an employee date of such employee’s appointment. Annual leave shall be cumulative and when not taken by mutual agreement, or through the provisions in Clause 40 of this agreement, shall be added to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued subsequent entitlements. Single day periods or part thereof may be taken as annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave. Annual leave shall be made at the relevant minimum rate given in addition to any notice of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation termination of employment.
17.10 An employee whose employment is terminated by the Company 37.9 Christmas Closedown Thuringowa City Council may close down its operations in work areas, units or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his sections, or her relevant minimum rate of pay in clause 19 – Minimum wagesparts thereof, for the period in respect purposes of which allowing annual leave has not been takento all or most of the employees in those work areas, provided that the loading in clause 17.6 shall only be paid in respect of paid out units or sections. During this closedown, an employee may access accrued leave (long service or annual leave entitlements) and/or take TOIL/ RDO’s or where insufficient leave entitlements exist, an employee may take leave without pay during this period. If approved by Council, the close down will take effect for employees who have been employed for a minimum 12 months with the Companyperiod from Christmas Day up to and including New Years Day (or substitute holidays where appropriate). Council shall give six weeks notice of whether it proposes to implement an annual closedown.
Appears in 1 contract
Samples: Council Agreement
Annual Leave. 17.1 An employee shall be Full-time Employees are entitled to four (4) weeks paid annual leave for each twelve months’ per year which accrues progressively during a year of service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the Employee’s ordinary hours he or she actually works.
17.3 The of work and accumulates from year to year. Part-time Employees will accrue annual leave on a pro-rata basis based on the average hours worked in any ordinary week. Where an Employee regularly works on a continuous 24 hour/7-day shift work roster and is a shift worker for the purpose of giving and taking the NES, they are entitled to an additional one (1) week paid annual leave per completed year of service. In this case the additional annual leave shall will accrue at the rate of 1/52 of normal hours worked. An Employee may be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee required to take a nominated period of annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period due to a partial or complete shutdown of the shut down.
17.5 business. The Company may direct an employee to take up to a quarter Employer will advise the Employee of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave dates to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement prior to the payment of the loadingshutdown, when providing at least one (1) months’ notice. Remaining annual leave is will be taken wholly or partly in advance, until an entitlement accrues due at times agreed between the Employee and the loading is then payable in respect Employer. In the absence of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueagreement, the Company may deduct direct the balance of Employee to take leave in accordance with the payment to Act. It is expected that Employees will take their yearly annual leave entitlement (4 weeks) within the employee twelve (12) months immediately after it becomes available. Should this present difficulty for that an Employee, then their situation should be discussed and approved by their immediate Manager. Annual leave period from whatever remuneration is payable to him or her upon at the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum Employee’s ordinary rate of pay in clause 19 – Minimum wages, for the number of ordinary hours they would have worked during the period in respect of which annual leave. Annual leave hours paid will be deducted from the Employee’s accrued entitlement. Leave loading is payable at the highest of either 17.5% on the value of annual leave has taken or a premium based on the shift loading the Employee would have received had they worked. Any annual leave accrued but not been taken, provided that the loading in clause 17.6 shall only taken will be paid in respect out on termination of paid out annual leave for employees who have been employed for a minimum 12 months with employment based on the CompanyEmployee’s ordinary rate of pay at that time.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee [AWARD]
40.1 Full-time employees shall be entitled to four (4) weeks annual leave for each twelve months’ service with the Companyper year, exclusive of public holidaysPublic Holidays, such leave to be paid for at the employee’s normal weekly salary. Annual Employees will accrue annual leave accumulates monthly at a rate of 1.67 days for each completed four (4) week period of service with Council, to a total of 20 days per year. Part-time employees will accrue annual leave, to a maximum of four (4) weeks, on a pro rata basis.
17.2 The annual leave entitlement for each part time employee 40.2 Employees, who are regularly rostered over seven (7) days, including Sundays and Public Holidays, shall be calculated pro rata according to the ordinary hours he or she actually worksgranted an additional week of annual leave.
17.3 The time 40.3 Annual leave is cumulative and payable upon termination of giving and taking of leave shall be by mutual arrangement between the Company and the employee concernedemployment.
17.4 40.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance parties agree that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made given and taken at a time mutually convenient to the relevant minimum rate of pay in clause 19 – Minimum wages, plus employer and employee concerned within a loading of 17.5 per cent on that rate of payperiod not exceeding 12 months from the date when the right to such leave accrued.
17.7 40.5 If, before the completion of any period of 12 months continuous service, the employment of any employee is terminated for any reason other than serious
40.6 The Company parties agree that annual leave to which an employee is entitled shall be taken within 12 months after the right to leave has accrued, provided that the employer may approve of such leave or any part thereof being deferred and taken within the following 12 months.
40.7 Notwithstanding the provisions of clause 40.1 hereof, the employer may allow annual leave to be taken by an employee before the right thereto has accrued is due.
17.8 An employee has no entitlement to the payment of the loading, when annual . But where leave is taken wholly or partly in advancesuch a case, further periods of annual leave shall not commence to accrue until an entitlement accrues due and after the loading is then payable expiration of the 12 months in respect of which the period of such annual leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementhad been taken before it accrued.
17.9 40.8 Where leave has been granted to an employee pursuant to clause 40.7 before the leave has accrued right thereto is due, and the Company may deduct employee subsequently leaves or is discharged from the balance service of the payment employer before completing the 12 months continuous service in respect of which the leave was granted, the employer may, for each completed week or fortnight according to the pay period of the employee for that leave concerned, of the qualifying period of 12 months not serviced by the employee, deduct from whatever remuneration is payable to him or her upon the cessation termination of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment the appropriate fraction of the amount of wage paid on account of the annual leave, which amount shall be entitled to a pro rata payment calculated on his or her relevant minimum rate not include any sums paid for any of pay in the holidays prescribed by clause 19 – Minimum wages, for the period in respect 55 (Public Holidays) of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companythis Agreement.
Appears in 1 contract
Samples: Workplace Agreement
Annual Leave. 17.1 An employee shall be The Employee is entitled to four weeks annual leave for each twelve months’ service with calculated on the Company, exclusive basis of public holidays4 weeks per 12 month period of continuous service. Annual leave accumulates Leave is accrued monthly on a pro rata basisand is uncapped. Only Permanent Employees are entitled to Annual Leave.
17.2 The Subject to the Company’s operational requirements, annual leave entitlement for each part is to be taken at a time employee shall be calculated pro rata according mutually agreed between the parties. The Employee must give the Company a minimum four week’s notice of an intention to the ordinary hours he or she actually workstake annual leave.
17.3 The time An Employee must take annual leave when the Employer shuts down the business, or any part of giving and taking of leave shall be by mutual arrangement between the Company and business, in which the employee concernedEmployee works.
17.4 The Company may direct instruct an employee Employee to take annual leave during any shut down, including any such shut down over when the Christmas and New Year period, provided the employee has an accrued Employee’s credited annual leave balance that will at least cover is 5 weeks or more, or when the period Company shuts down the business, or any part of the shut downbusiness, in which the Employee works.
17.5 Annual leave payments will be calculated on the Employee’s ordinary rate of pay at the time the leave is taken.
17.6 The Company Employee may direct an employee elect to take cash out up to a quarter two weeks of his or her total the accrued annual leave entitlement if each year. If the employee’s accrued Employee accrues more than two weeks annual leave entitlement exceeds 8 weeksin any year, the leave accrual which carries over to subsequent years may be cashed out provided that a minimum two weeks annual leave is taken as time off each year. Election to cash out annual leave may only be made by notice in writing to the Company and must be authorised by the Company. Payment in lieu of annual leave will be made at a rate that is no less than the Employee’s ordinary rate of pay at the time the election is made.
17.6 Payment for 17.7 The minimum weekly payment of all employees has been loaded to take account of annual leave loading, and as such, no loading will be paid on the taking of annual leave.
17.8 All annual leave shall be made taken at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow mutually convenient time. Generally annual leave to will be taken by an employee before granted between April and September. In the right thereto has accrued due.
17.8 An employee has no entitlement to absence of agreement on the payment time of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period taking of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueleave, the Company may deduct shall determine the balance time, but shall give the concerned employee at least one months notice of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation commencement date of employmenttheir annual leave.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. 17.1 An employee shall The Employee is entitled to and qualifies for three (3) weeks’ paid annual leave in terms of the Main Collective Agreement if the Employee has completed: 283 (two hundred and eighty three) shifts if the Employee works a six (6) day working week, or 234 (two hundred and thirty four) shifts if the Employee works a five (5) day working week. On completion of the Employee’s fourth consecutive leave cycle, and thereafter, with the same employer, the Employee will be entitled to four weeks an extra week’s paid leave, which the Employee can take in combination with the annual leave, or accumulate for up to three (3) years. Leave will only be granted upon proper completion of a leave application form and approval by the Employer. It is agreed that the bulk of annual leave will be taken during the period ________________________________ to _____________________________. The Employer will communicate the annual shutdown period nine (9) months prior the commencement of the annual shut down period. The Employee is entitled to leave enhancement pay as determined by the Main Collective Agreement. Where the Employee does not qualify for each twelve months’ service with paid annual leave at the Companytime of the annual shutdown, exclusive of public holidays. Annual the Employee must receive leave accumulates monthly pay calculated on a pro rata basis.
17.2 basis and the shortfall will be deemed unpaid leave. The new annual leave entitlement for each part time employee shall be calculated pro rata according cycle will commence on the re-opening of the establishment. Where the Employee has taken more annual leave than the days which has accrued to the ordinary hours he or she actually works.
17.3 The time Employee on the termination of giving and taking the Employee’s contract, the Employee will be indebted to the Employer for the value of such leave shall be by mutual arrangement between the Company deficit and the employee concerned.
17.4 Employee agrees that the relevant amount will be deducted one-off from the Employee’s final payment. The Company may direct an employee Employee will not be allowed to accrue more than 21 (twenty one) days’ annual leave. The Employee must, if operationally possible, take annual leave during any shut down, including any such shut down over the Christmas and New Year accrued for a previous period, provided within the employee has an accrued annual first four (4) months of a next period. Accrued leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect out on termination of employment where the Employee has been employed for: 13 (thirteen) shifts if the Employee works a six (6) day working week, or 10 (ten) shifts if the Employee works a five (5) day working week. Accrued leave will only be paid out annual leave for employees who have on resignation of employment where the Employee has been employed for for: 25 (twenty five) shifts if the Employee works a minimum 12 months with six (6) day working week, or 20 (twenty) shifts if the CompanyEmployee works a five (5) day working week.
Appears in 1 contract
Samples: Permanent Employment Contract
Annual Leave. 17.1 An employee shall be entitled to 22.1 Employees, other than Casual Employees will accrue four (4) weeks per annum.
22.2 Part time Employees will receive a pro rata entitlement.
22.3 A Seven Day Shift Worker as defined by the Agreement will accrue an additional week of annual leave for each twelve months’ service with the Company, exclusive completed year of public holidays. Annual leave accumulates monthly on a pro rata basiscontinuous service.
17.2 The 22.4 Employees that have been receiving an additional week of annual leave entitlement for each part time employee shall be calculated pro rata according immediately prior to the ordinary hours he or she actually worksCommencement Date of this Agreement and continue to be engaged on shift work will continue to accrue the additional week of annual leave.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company 22.5 An Employee may direct an employee request to take annual leave during any shut downat a time convenient to them and as agreed with the University. When authorising annual leave, including any such shut down over the Christmas University will take into account the operational requirements of the workplace and New Year period, provided will not unreasonably refuse or revoke authorisation for the employee has an accrued taking of annual leave.
22.6 Payment of annual leave balance that will at least cover be based on the period of the shut down.
17.5 The Company may direct pay an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable Employee would have received in respect of the ordinary hours the Employee would have worked had the Employee not been on leave during the relevant period.
22.7 Where a public holiday falls during a period of annual leave on a day an Employee would have ordinarily worked had they not been on leave, the Employee will be credited with an additional day of annual leave.
22.8 An Employee who takes personal leave during any period of annual leave can apply for, and will be granted, personal leave to replace the annual leave (this includes carer’s leave). The University will need to be notified as soon as the need arises to take such leave and any claim to personal leave will be in accordance with clause 23.
22.9 An Employee’s accrued and untaken annual leave entitlement will be paid out on termination of employment. Where termination of employment is calculated on due to the relevant minimum rate of pay Employee’s death, such payment will be made to the Employee’s estate.
22.10 An Employee may request to access up to a full year’s leave entitlement in clause 19 – Minimum wages, payable at advance which will be granted by the accruing University subject to operational requirements of the entitlementworkplace.
17.9 22.11 Where an Employee has:
a) taken annual leave has been granted to an employee before the leave has accrued duein advance of it being accrued, and
b) they have a negative entitlement when their employment ends, the Company Employee is required to repay the overdrawn entitlement. The University may deduct the balance amount of the payment to overdrawn entitlement from any amount the employee for that leave period from whatever remuneration is payable to him or her upon University owes the cessation Employee on termination of employment. The Employee must sign any authorisation necessary for this to occur.
17.10 An employee whose employment is terminated by the Company 22.12 Annual leave will not accrue during any period of unpaid leave or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyunauthorised absence.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 (a) An employee who has completed 12 months continuous service in a calendar year shall be entitled to four weeks 20 days paid annual leave. Such leave shall accrue on all ordinary hours of service of the employee for each twelve months’ service with pay period, commencing from the Company, exclusive employee’s first day of public holidays. Annual leave accumulates monthly on a pro rata basisemployment.
17.2 The annual leave entitlement for each part (b) Leave may be taken at a time agreed to between the employer and the employee.
(c) If after one week’s continuous service in any qualifying period an employee lawfully leaves his/her employment the employee shall be calculated pro rata according paid salary in lieu of annual leave proportionate to their length of service.
(d) Unused annual leave shall accrue from year to year to a maximum of forty (40) days in total and no more than 20 days annual leave may be carried forward from one calendar year to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave next. These limits shall be by mutual arrangement between adjusted in proportion to the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period FTE of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued workload. In the event that sufficient annual leave cannot be taken by mutual agreement to comply with these limits a proportion of the leave entitlement exceeds 8 weeks.
17.6 Payment for may be paid out subject to agreement with the employee under the following conditions: Paid annual leave shall must not be made at cashed out except in accordance with an agreement under this clause. Each cashing out of a particular amount of paid annual leave must be the relevant minimum rate subject of pay a separate agreement. An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee. An agreement under this clause 19 – Minimum wages, plus a loading must state:
(1) the amount of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to cashed out and the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment be made to the employee for it; and
(2) the date on which the payment is to be made. An agreement must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made. An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 20 days. The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 10 days. The employer must keep a copy of any agreement as an employee record.
(e) If any Public Holiday falls within the annual leave period from whatever remuneration of an employee covered by this clause and is payable observed on a day which, in the case of that employee, would have been an ordinary working day, there shall be added to him or her upon the cessation of employmentthat period one day, being an ordinary working day, for each such Public Holiday.
17.10 (f) An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wagesapproved paid leave, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyexception of parental leave, shall accrue an entitlement to payment under this clause.
Appears in 1 contract
Samples: Support Staff Enterprise Agreement
Annual Leave. 17.1 An (a) Full time employees accrue the equivalent of four weeks paid annual leave per year. Part-time employees accrue paid annual leave on a pro-rata basis. Annual leave is credited for each completed four week period.
(b) Annual leave shall be given and taken in accordance with the following rules:
(i) Annual holiday shall be given and taken either in one consecutive period or two periods which shall be of three weeks and one week respectively, or if the employee shall and the Company so agree, three or more separate periods.
(ii) If the employee and the Company agree, leave may be taken wholly or partly in advance of the entitlement being credited to the employee. If the employee is given leave in advance, that employee shall: A not be entitled to four weeks further leave until the amount that is credited to the employee equates to the amount of leave given in advance and the further amount of leave to be taken; B repay on termination of employment any amount of pay for leave given in advance or permit the Company to deduct that amount from any amount otherwise owing to the employee on termination.
(iii) Where the Company requires an employee to take any annual leave for each twelve months’ service with credited to him or her, the Company shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required to be taken.
(iv) In order to allow the temporary closure of part or all of one of the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between ’s establishments the Company and may require the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut downof up to 4 weeks, including to take leave in advance, in which case the Company shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required. Where an employee has been directed to take leave in advance in this circumstance, the employee cannot be required to repay that period on termination.
(v) Subject to the foregoing, on termination of employment, an amount equivalent to the pay for any such shut down over untaken annual leave shall be paid to the Christmas employee.
(c) Non-salaried employees will be entitled to an annual leave loading equivalent to seventeen and New Year one-half per centum (17½%) of the ordinary rate of pay for the employee eligible for leave multiplied by the number of hours of eligible accrued leave approved to be taken.
(d) Once in any 12 month period, provided an employee may elect in writing to forgo up to 2 weeks of accrued annual leave, and receive a monetary payment equal to the amount the employee has an would have received had the employee taken the accrued annual leave balance that will at least cover the period of the shut down.
17.5 leave. The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weekswill be reduced by the amount of leave that has been paid out.
17.6 Payment for (e) Annual leave loading of 17.5% shall be paid on any amount of annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wagescashed out under this provision, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by but only where an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has would have been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided receive that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyhad they taken leave.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays27.1. Annual leave accumulates monthly Full time and part time Employees (on a pro rata basis) are entitled to four (4) weeks annual leave for every twelve (12) months completed service in accordance with the NES.
17.2 The 27.2. A Continuous Shift Worker is entitled to an extra week's leave after twelve (12) months’ service on a pro-rata basis.
27.3. Subject to this clause, an Employee's entitlement to annual leave entitlement accrues at 2.769 hours per week at their all-purpose ordinary hourly rate to one hundred and forty-four (144) hours per annum (36 hours x 4 weeks). Any time in respect to which an Employee is absent from work on unpaid or unauthorised leave, shall not count for each part time employee the purposes of determining their right to annual leave accrual, except as otherwise provided in this Agreement.
27.4. Annual leave is paid at an Employee's all-purpose ordinary hourly rate of pay plus a loading of 17.5%. When an Employee's employment terminates, the Employee shall be calculated pro rata according entitled to be paid any untaken accrued annual leave that has been credited to that Employee. The leave loading will also apply to proportionate leave on termination but will not apply where an Employee has been dismissed by the Company for serious misconduct.
27.5. Annual leave can be taken by an Employee requesting to take some or all of the annual leave which has been credited to the ordinary hours he Employee, subject to authorisation by the Company. The Company will not unreasonably refuse a request to take annual leave credited to an Employee that has given sufficient notice (not less than two (2) weeks); however; authorisation is subject to the operational requirements of the workplace. If an Employee has more than four (4) weeks leave accrued, they can take the excess leave in addition to the 4 weeks, or she actually workspart thereof, at any time after giving the Company 2 weeks' notice of their intention to do so and the Company cannot decline the Employee’s request to take such leave.
17.3 The time of giving and taking of leave shall be by mutual arrangement between 27.6. Where the Company and shuts down all or any part of the employee concernedbusiness, such as at Christmas, Employees may be directed to take accrued annual leave. If an Employee does not have any annual leave accrued that Employee will be required to take leave without pay or take unused RDO’s. The Company shall provide at least six (6) weeks of notice of any intention to shutdown the business or part of the business.
17.4 27.7. The Company may direct an employee Employee to take annual paid leave if the Employee has accrued more than eight (8) weeks of leave and the Company and Employee are unable to reach agreement on taking of leave. The Company must give an Employee at least twenty-eight (28) days’ notice prior to the date the Employee is required to commence the leave. The amount of leave the Employee is directed to take must be no greater than twenty-five (25)% of the amount of leave accrued.
27.8. A Company and Employee may agree that the Employee can take a period of paid leave over a longer period. Where this occurs, the payment for the leave will be reduced in proportion to the period of extension. E.g. it may be agreed the leave period is doubled and taken on half pay.
27.9. The Company and an Employee may agree for the Employee to take annual leave during any shut downin advance of entitlements. Where this occurs, including any such shut down over the Christmas and New Year period, provided Employee's leave balance will be reduced by the employee has an accrued amount equivalent to the leave taken in advance as the Employee's entitlement to paid annual leave balance that will at least cover the period of the shut down.
17.5 accrues. The Company may direct an employee deduct form the Employee's termination payments, leave taken in advance where the entitlements to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that accrued as at the loading in clause 17.6 shall only be paid in respect date of paid out termination.
27.10. Any untaken annual leave for employees who have been employed for a minimum 12 months with in any one year accumulates to the Companynext year.
27.11. This clause does not apply to casual Employees.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) An Employee is terminated by required to give one weeks’ notice of a request to take well- being leave. The Company cannot refuse a request for an Employee to take well-being leave.
(v) On termination the Company or who lawfully leaves the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate an Employee.
(vi) Accruals for Well-being leave will commence from 1/5/2023.
(vii) For the purposes of pay in this clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companycalendar year is January through to December.
Appears in 1 contract
Annual Leave. 17.1 An employee shall be 10.1 Full time employees are entitled to four (4) weeks annual leave for each twelve months’ 12 months of completed service in accordance with the CompanyNational Employment Standards in the Fair Work Act 2009 (Cth).
10.2 The wages to be paid must be worked out on the basis of what the employee would have been paid for working ordinary hours during the period of leave, exclusive including allowances, loadings and penalties paid for all purposes of public holidaysthe agreement, first aid allowance and any other wages payable under the employee's contract of employment. The employee is not entitled to payments in respect of overtime, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
10.3 Part time employees are entitled to a pro-rata entitlement based on the actual number of working hours worked per week.
10.4 Where the employment terminates, employees will be entitled to payment for any untaken, accrued annual leave that has been credited to them.
10.5 Annual leave accumulates monthly on can be taken:
a) by the employee requesting to take some or all of the annual leave which has been credited to them, subject to authorisation by the Company. The Company will not unreasonably refuse a pro rata basisrequest to take annual leave credited to an employee however authorisation is subject to the operational requirements of the workplace.
17.2 The annual leave entitlement for each part time 10.6 Direction to take leave: If the Company has genuinely tried to reach agreement with an employee shall be calculated pro rata according as to the ordinary hours he or she actually works.
17.3 The time timing of giving and taking of leave shall be by mutual arrangement between annual leave, the Company and can require the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any by giving not less than four (4) weeks’ notice at the time when such shut down over leave is to be taken if;
a) at the Christmas and New Year period, provided time the direction is given the employee has an accrued eight (8) weeks or more annual leave balance accrued and;
b) the amount of annual leave the employee is directed to take is less than or equal to one quarter of the amount of leave accrued.
10.7 Except for the following, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:
10.8 Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purposes of this agreement include:
a) any absence with reasonable cause, reasonable proof of which shall be upon the employee to provide to the Company;
b) any leave without pay taken with the agreement of the Company;
c) parental leave.
10.9 If any public holiday falls within an employee's period of annual leave and is observed on a day which in the case of that will at least employee would have been an ordinary working day, there must be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if the day had not been a holiday.
10.10 Shut-Down Where the Company temporarily shuts down or partially shuts down all or any part of the business employees may be required to take annual leave providing:
a) The Company provides not less than one (1) months’ notice of its intention to shut-down.
b) Any employee who has accrued sufficient annual leave to cover all or part of the period of the shut downshut-down shall be allowed to use this accrued leave.
17.5 The Company may direct an c) Any employee who does not have sufficient accrued leave to take up to a quarter cover all or part of his or her total accrued annual the period of the shut-down will be provided with leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of without pay.
17.7 The Company may allow annual leave to be d) Leave taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment as a result of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to a shut-down also counts as service by the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company
10.11 Any untaken Annual leave in one year accumulates to the next year.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 37.1 A full-time employee is entitled to 20 working days annual leave on full pay for each year of service (or the pro rata equivalent for part-time employees). Annual leave will be calculated on a calendar year basis commencing on January 1 in each year and will be credited one year in advance on this date.
37.2 An employee shall who is first appointed from a date after January 1 will be entitled to four weeks pro-rata annual leave for each twelve months’ continuous service with to December 31 of that year. Such leave will be credited in advance on the Company, exclusive date of public holidays. commencement.
37.3 Annual leave accumulates monthly on a pro rata basismay be taken at any time during the year, subject to the approval of the University.
17.2 The 37.4 Annual leave must be taken prior to January 31 of the year after it falls due, subject to operational requirements of the relevant Work Unit and where it is reasonable to do so. Where leave is carried over the employee and Head of Work Unit will agree on when this leave will be taken to avoid excess accrued annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksleave.
17.3 The time of giving and 37.5 If an employee has excess accrued annual leave, the taking of such leave shall will be managed in accordance with this Agreement and leave procedures established by mutual arrangement between the Company and the employee concernedUniversity.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an 37.6 Where accrued annual leave equals or exceeds 30 days leave or equivalent hours (or the pro rata equivalent for part-time employees) the employee may be requested to submit a leave plan to reduce accrued leave to below 30 days at a mutually agreeable time within 12 months.
37.7 If no leave plan is submitted within 4 weeks of issuing a notice the Head of Work Unit can direct the employee by providing 8 weeks’ notice to take leave of up to 20 days over the following 6 months or the amount of leave required to reduce the balance of accrued leave to below 30 days over the following 12 months, where it is reasonable to do so.
37.8 Cashing out of Annual Leave
37.8.1 An employee who has accrued more than 20 days annual leave may make an application to the Director Human Resources or nominee to cash out annual leave on reasonable grounds, including financial hardship, subject to retaining a balance of no less than 20 days annual leave after such cashing out.
37.8.2 Any annual leave cashed out by an employee will be paid in the full amount that will at least cover would have been payable to the employee had the employee taken the period of the shut downleave being cashed out.
17.5 The Company may direct 37.9 Where an employee to take up to a quarter ceases employment before the accrual of his or her total accrued any annual leave already taken, the University will recover the value of the unearned pro- rata portion, calculated using the salary rate as at the date the leave was taken. No recovery will occur in the event of the death of the employee.
37.10 Payment of the base salary instead of annual leave will be made for any entitlement if to annual leave accrued but not taken on termination. Where termination of employment is due to the employee’s accrued death, such payment will be made to the employee’s estate.
37.11 If the period during which an employee takes annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at includes a University observed public holiday prescribed in Clause 50.1, the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement is entitled to the payment of the loading, when public holiday and will not be on annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementleave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be (a) Full time employees are entitled to four weeks (152 hours) paid annual leave for each twelve months’ completed year of service with the Companyat their ordinary rate of pay, exclusive of public holidays. penalty rates for shift or weekend work.
(b) Part time employees will accrue paid annual leave on a pro-rata basis, calculated on the amount of ordinary hours worked.
(c) The pay rate for annual leave is calculated on the ordinary time earnings of the employee at the time the leave is taken, plus 17.5 per cent of that rate for annual leave loading.
(d) Pay for annual leave will continue to be paid on normal paydays unless the employee requests upfront payment on the leave application form when applying for leave.
(e) Annual leave accumulates monthly on a pro rata basismust be taken in accordance with the leave provisions outlined in RFNSW’s Leave Policy.
17.2 The (f) Annual leave is cumulative. Unused annual leave should be taken within 12 months of the entitlement for each part time employee shall be calculated pro rata according to accruing. If the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company is not taken within 12 months RFNSW may direct an employee to take annual leave with one month’s notice.
(g) Certain periods of leave may be required to be taken during any shut downa closedown, including any such shut down over as the Christmas and Christmas/New Year period, provided where, due to operational requirements, such an event is necessary. Employees will be notified at least one (1) month in advance of such a closedown. Where an employee has not accrued sufficient annual leave prior to a closedown, the employee has an accrued annual leave balance that and RFNSW will at least cover mutually agree on alternatives provisions for the period of the shut downclosedown.
17.5 The Company may direct (h) If an employee to take up to leaves employment with RFNSW, or is dismissed for any reason, they will receive on termination a quarter payment in lieu of his or her total any accrued annual leave entitlement if the employee’s and annual leave loading.
(i) RFNSW prefers employees to use their accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at when it becomes due. However by written agreement between RFNSW and the relevant minimum rate of pay in clause 19 – Minimum wagesemployee, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company the employee may allow annual leave elect to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement paid out, and RFNSW may agree at its complete discretion to the payment of the loadingpay out, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with up to two (2) weeks per year. Payment of annual leave will be equal to the Companyordinary time earnings of the employee at the time the payout request is formalised.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part 23.1 Every full-time employee shall be calculated pro rata according to at the ordinary end of each year of employment become entitled to:
23.1.1 Annual leave of 152 hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.'s ordinary time earnings;
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus 23.1.2 Plus a loading of 17.5 per cent on that rate of paythe appropriate rates prescribed in clause 9 for each of the four weeks up to a maximum total payment equivalent to one week of Average Weekly Earnings.
17.7 23.1.3 Pro-rata entitlements shall apply to part-time employees.
23.2 The Company may allow annual leave to shall be given and taken:
23.2.1 In four consecutive weeks or, if the employee and the employer agree, in such separate periods as are agreed; and
23.2.2 Before the expiration of six months after the leave right accrues, provided that leave may be deferred in whole or part by agreement between the employee and the employer.
23.3 If the employer and the employee agree, the annual leave may be taken by an employee in whole or in part in advance before the right thereto has accrued due.
17.8 An employee has no entitlement become entitled to the payment Annual Leave. In such circumstances accrual of further annual leave entitlements shall not commence until after the expiration of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect year of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been partly or wholly taken.
23.4 The employer must:
23.4.1 Give each employee at least seven (7) days' notice of the date from which annual leave shall be taken;
23.4.2 Pay the pay and loading entitlements for the leave period in advance to each employee before the employee's leave commences.
23.5 Where any public holiday for which the employee is entitled to payment occurs during a period of annual leave, provided that the loading in clause 17.6 period of leave shall only be paid increased by one day in respect of paid that holiday.
23.6 Payment shall not be made by the employer to any Permanent Employee in lieu of any annual leave entitlement, nor shall such payment be accepted by the employee; provided that where employment is terminated the employer shall:
23.6.1 Pay to the employee all outstanding leave entitlements and pro-rata payments for the partially completed current year;
23.6.2 Be entitled to make a deduction from any outstanding monies for any leave taken in advance of a period of uncompleted employment.
23.7 A year of employment shall be deemed to be unbroken notwithstanding:
23.7.1 Any annual or long service leave, personal or accident leave not exceeding fourteen days or work interruption brought about by the company - in such circumstances the periods shall be counted as part of the year of employment;
23.7.2 Any other leave which is granted, imposed or agreed to by the employer, or any other absence not involving termination of employment - in such circumstances the period shall not be counted as part of the year of employment.
23.8 Cashing out annual leave for employees who [NOTE: CLAUSE NOT OPERATIVE UNTIL REGISTRATION BY FWC]
23.8.1 An employer and a Permanent Employee may agree to the employee cashing out up to two (2) weeks of the employee's accrued paid annual leave entitlement per year.
23.8.2 The employer and the employee must not agree to the employee cashing out an amount of paid annual leave if the agreement would result in the employee's remaining accrued entitlement to paid annual leave being less than four (4) weeks.
23.8.3 Each agreement to cash out a particular amount of paid annual leave must be a separate agreement in writing.
23.8.4 The employer must pay the employee at least the full amount that would have been employed for a minimum 12 months with payable to the Companyemployee had the employee taken the leave that the employee has forgone.
Appears in 1 contract
Annual Leave. 17.1 An employee shall be (a) Employees are entitled to four weeks accrue an amount of paid annual leave for each twelve months’ 4 week period of continuos service with the Companyemployer, exclusive of public holidays1/13 of the number of nominal hours worked for the employer during that 4 week period. Annual leave accumulates monthly on a pro rata basisis cumulative. This clause does not apply to casual employees.
17.2 (b) If continuous shift work is undertaken as defined in the Workplace Relations Act 1996, then the shift worker shall accrue 1/52 of the number of nominal hours worked for the employer as a shift worker during each 12 months of continuous service.
(c) The specified hours for the purpose of annual leave entitlement accruals is 38 hours per week.
(d) In line with the operational requirements of the Company, any requests for annual leave may be made by Employees to nominated representative of the Company at least 6 weeks in advance. The employer shall have the right to fix when annual leave is to be taken.
(e) Each employee before going on leave shall be paid no less than his/her base periodic wage for the period of leave. The pay shall be at the rate applicable at each part time site for the occupation in which the employee was ordinarily employed immediately prior to the commencement of their leave and shall not be so computed as to include overtime.
(f) Employees shall receive a loading of 17.5% provided that where an employee has been rostered to work shifts which attract a shift loading in the week prior to the taking annual leave, then instead of receiving the loading referred to above the employee shall be calculated pro rata according to paid the ordinary hours he or she actually worksappropriate shift loading for the shifts worked in that week.
17.3 The time (g) Where any holiday for which the employee is entitled to payment under this Agreement occurs during any period of giving and taking leave taken by an employee under this subclause, the period of the leave shall be increased by mutual arrangement between one day in respect of that holiday provided that the Company and payment for such holiday shall not be included in the employee concernedcalculation of the annual leave loading.
17.4 The Company may direct an employee to take (h) By agreement annual leave during any shut down, including any such shut down over the Christmas and New Year period, and/or long service leave shall be able to be cashed out provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her 4 weeks total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeksremaining.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be Full-time Employees are entitled to four (4) weeks paid annual leave for each twelve months’ per year which accrues progressively during a year of service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the Employee’s ordinary hours he or she actually works.
17.3 The of work and accumulates from year to year. Part-time Employees will accrue annual leave on a pro-rata basis based on the average hours worked in any ordinary week. Where an Employee regularly works on a continuous 24 hour/7-day shift work roster and is a shift worker for the purpose of giving and taking the NES, they are entitled to an additional one (1) week paid annual leave per completed year of service. In this case the additional annual leave shall will accrue at the rate of 1/52 of normal hours worked. An Employee may be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee required to take a nominated period of annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period due to a partial or complete shutdown of the shut down.
17.5 business. The Company may direct an employee to take up to a quarter Employer will advise the Employee of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave dates to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement prior to the payment of the loading, when shutdown. Remaining annual leave is will be taken wholly or partly in advance, until an entitlement accrues due at times agreed between the Employee and the loading is then payable in respect Employer. In the absence of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueagreement, the Company may deduct direct the balance of Employee to take leave in accordance with the payment to Act. It is expected that Employees will take their yearly annual leave entitlement (4 weeks) within the employee twelve (12) months immediately after it becomes available. Should this present difficulty for that an Employee, then their situation should be discussed and approved by their immediate Manager. Annual leave period from whatever remuneration is payable to him or her upon at the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum Employee’s ordinary rate of pay in clause 19 – Minimum wages, for the number of ordinary hours they would have worked during the period in respect of which annual leave. Annual leave hours paid will be deducted from the Employee’s accrued entitlement. Leave loading is payable at the highest of either 17.5% on the value of annual leave has taken or a premium based on the shift loading the Employee would have received had they worked. Any annual leave accrued but not been taken, provided that the loading in clause 17.6 shall only taken will be paid in respect out on termination of paid out annual employment based on the Employee’s ordinary rate of pay at that time, plus 17.5% leave for employees who have been employed for a minimum 12 months with the Companyloading.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An Note 1 Annual leave will not accrue during any period of unpaid leave of absence exceeding two weeks except where it is for unpaid leave in respect of personal injury or illness (approved parental leave is not classified as an illness). Note 2 Annual leave will not accrue during any period of unpaid leave of absence exceeding six months.
a) Each full time employee shall be entitled to four weeks accrue 150 hours annual leave for after each twelve months’ service with the Company, exclusive months of public holidayscontinuous employment. Annual leave accumulates monthly will be accumulated and be payable on a pro rata basisbasis from the day of commencement.
17.2 The b) Annual Leave will be taken within 12 months of failing due and at a time agreed between Canon and the employee. As a general rule, leave should be taken at a time convenient to the work cycle of the department in which the employee works. Where possible annual leave entitlement for each part time employee shall should be calculated pro rata according to taken in the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall same pattern as it is worked. Where agreement cannot be by mutual arrangement between reached, then either party can require the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued duewith six (6) months notice in writing.
17.8 An c) No employee has no entitlement can accrue more than forty days leave without written permission. Once the accrued level exceeds forty days then Canon or the employee may, by giving one months notice, require the employee take the leave in excess of this amount. As a last resort, Canon will also have the option to pay out any leave in excess of 40 days.
d) Pro rata Annual Leave may be taken in advance if Canon and the employee agree.
e) Payment for accrued annual leave can be made at any time with the written agreement of both parties. In agreeing to make a payment in lieu of leave Canon will consider the employees need for the payment and the amount of leave taken over the loading, when past 12 months. For health and wellbeing reasons Canon recommends that annual leave is taken wholly or partly on a regular basis and not taken in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such cash.
f) All accrued leave and is calculated pro rata leave will be paid on termination.
g) Annual Leave loading at the relevant minimum rate of pay 17.5% will be paid. On 1/7/2002 staff will have the choice of rolling in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which their annual leave has loading into the base salary. Once this decision is made, it can not been takenbe reversed. All new starters after 1/7/2002, provided that the will not have this choice, and their leave loading in clause 17.6 shall only will automatically be paid in respect part of paid out annual leave for employees who have been employed for a minimum 12 months with the Companytheir base salary.
Appears in 1 contract
Samples: Certified Agreement
Annual Leave. 17.1
a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES. Casual Employees shall have no entitlement to annual leave.
b) Employees will be entitled to four weeks paid annual leave per annum. Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for each twelve months’ the purpose of the NES, such an Employee shall be entitled to five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and xxxxxxx requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company.
f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the Employee. The Company may only direct an Employee to take a maximum credits owing to the Employee.
i) Provided an Employee receives 4 weeks-notice, the Company may direct an Employee to take any accrued annual leave during the Company’s annual close down, e.g., the Christmas/ New Year period. Close-down shall be deemed to mean a period of not less than two consecutive weeks, inclusive of public holidays, provided that the close-down period may not extend for longer than three consecutive weeks, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.,
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be The provisions of this clause operate to expressly exclude any protected award conditions that might otherwise apply. Employees are entitled to four weeks 20 days' annual leave for each twelve months’ service with year of employment. At the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advanceby an Employee, until an entitlement accrues due and the leave loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment 17.5% shall be paid to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment Employee and calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period base salary. Annual leave will be cumulative from year to year. Accrued but unused annual leave will be paid out on termination. Annual leave loading is not payable in respect of which accrued but untaken annual leave entitlements paid upon termination. Annual leave will be taken at a mutually agreed time. Employees agree that applications for annual leave will not be approved during peak trading periods as defined other than in exceptional circumstances and by prior agreement with Bevilles. For avoidance of doubt, applications for annual leave at any time between 10 November and 20 January annually will not be approved. Store Managers, Assistant Managers and/or Trainee Managers may not take annual leave simultaneously. Should a dispute arise in relation to the taking of annual leave, an Area Manager will make a determination regarding annual leave dates. Where an Employee has not been takenan accrued (including pro rata) annual leave balance of 40 days or more and is unable to agree upon a time to reduce his or her accrued annual leave balance, provided Bevilles may direct the Employee to take up to 10 days of this annual leave at a time specified by Bevilles. Employees will be given no less than four weeks’ written notice of this direction to take annual leave. An Employee may no more than once in any twelve month period request in writing and Bevilles may at its discretion agree that up to 2 weeks of the loading Employee’s accrued but untaken annual leave be “cashed out” and payment made to the Employee in clause 17.6 shall only lieu of annual leave which would otherwise be paid in respect of taken by the Employee or paid out upon the cessation of his or her employment. Where payment is made by Bevilles to the Employee in accordance with this clause, the Employee’s available annual leave for employees balance will be correspondingly reduced. Notwithstanding anything else in this Agreement, no annual leave loading is payable to an Employee who have been employed for a minimum 12 months with the Companyrequests and receives payment from Bevilles in lieu of accrued annual leave.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. 17.1 (a) Annual leave will only be granted in accordance with the provisions of this clause.
(b) An employee shall be is entitled to four 4 weeks paid annual leave per year of completed service. Leave accrues progressively throughout a year of continuous service.
(c) Requests for each twelve months’ service annual leave must be made in writing 4 weeks prior to the first day of leave applied for.
(d) Employees will receive their 17.5% annual leave loading following the first pay period in December.
(e) Where an employee is a shift worker and would have received a shift allowance had they not been on annual leave, then the shift allowance will be paid instead of the 17.5% loading.
(f) An employee may accumulate up to 8 weeks of annual leave by agreement with the Company, exclusive of public holidays. Annual The employee must provide to the Company a valid reason for wanting to accumulate such leave accumulates monthly on a pro rata basisi.e. planning an overseas trip or family from overseas planning to come to Australia for an extended trip.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 (g) The Company may direct can require an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided where the employee has an accrued accumulated a large annual leave balance (i.e. in excess of 8 weeks). The Company must give no less than four weeks’ notice of the time when such leave is to be taken, and can only direct that will one quarter of the amount of leave accrued be taken.
(h) Annual leave maybe taken in separate periods by agreement with the Company.
(i) Annual leave accruals may be cashed out only at the Company's approval of an employee request. No employee shall be allowed to "cash out" more than two weeks accumulated worth of annual leave per year. The above pay out shall only be instigated at the request of an employee, and the request must be made in writing. Cashing out must leave a balance of at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual 4 weeks leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 accrued. Where leave has been granted to taken in advance by an employee and the employee leaves or is discharged before completing the leave has accrued duerequired twelve months continuous service, the Company may deduct will use the balance of amount already paid to offset any sums which would otherwise be paid to the payment employee. If the moneys already paid to the employee for that leave period from exceed whatever remuneration is moneys would normally be payable to him or her upon the cessation employee on termination, the excess will become a debt due and payable by the employee to the Company.
(j) Accrued annual leave and loading will be paid out on termination of employment.
17.10 An employee whose employment is terminated by (k) The Company may closedown the Company plant or who lawfully leaves sections of the employment shall be entitled to a pro rata payment calculated on his plant for one or her relevant minimum rate of pay in clause 19 – Minimum wages, two separate periods for the period in respect purpose of which employees taking annual leave. Employees can be directed to take accrued annual leave has during a shutdown.
(l) Any unpaid absences from work are not been taken, provided that to be taken into account and will not count as time worked in calculating the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyentitlement.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be 23.1 A Full Time Employee and a Part-Time Employee is entitled to annual leave as set out in the National Employment Standards and as set out in this clause.
23.2 A Full Time Employee is entitled to four weeks weeks’ of annual leave for each twelve months’ service with the Company, exclusive year of public holidayscontinuous service. :
23.3 A Part-Time Employee is entitled to a pro-rata entitlement to annual leave based on all hours of work.
23.4 An Employee’s entitlement to annual leave accrues progressively during each year.
23.5 Annual leave will be taken at a time Mutually Agreed (which shall not be unreasonably refused) between Freedom and an Employee. Annual leave accumulates monthly may be taken in one continuous period, or by Mutual Agreement with Freedom, in periods of shorter duration.
23.6 Freedom may require an Employee to take a period of annual leave by giving the Employee at least four weeks’ notice where:
(a) the Employee has accrued more than two years’ entitlement to annual leave; or
(b) Freedom is closing-down a part or all of its operations.
23.7 During a period of annual leave an employee will receive annual leave loading of 17.5% or the relevant weekend penalty rate (if they would have worked on a pro rata basisweekend) whichever is greater but not both.
17.2 The 23.8 Where a public holiday prescribed in clause 30 falls during a period of annual leave, the Employee’s period of leave will be increased by one day for each such public holiday.
23.9 Freedom will pay an Employee for a period of annual leave entitlement in the Employee’s normal payroll cycle (meaning the Employee will ordinarily be paid for each part time employee shall be calculated pro rata according the annual leave after they have taken it). However, an Employee may elect to receive payment for a period of annual leave in advance in which case Freedom must provide the Employee with a payment for the entire period of annual leave no later than one week after the Employee starts the leave.
23.10 If Freedom and an Employee Mutually Agree in writing, an Employee may take a period of annual leave in advance of the Employee becoming entitled to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct leave. If an employee to take is under 18 then their guardian must also sign the agreement in writing. If an Employee takes a period of annual leave during in advance and their employment ends for any shut down, including any such shut down over reason before the Christmas and New Year period, provided the employee Employee has an accrued annual leave balance that will at least cover the period of annual leave taken in advance, Freedom may deduct from any money due to the shut downEmployee on termination an amount equal to the amount that was paid to the Employee when they took the leave in advance.
17.5 23.11 On termination of employment, an Employee will receive a payment for any annual leave which has accrued to the Employee but is untaken. The Company Employee will be paid the amount the Employee would have been paid had they taken the leave.
23.12 If an Employee suffers a personal Illness or injury during a period of annual leave which would entitle the Employee to take personal/carer’s leave if they were not absent from work during the period of annual leave, the period will be treated as personal/carer’s leave.
23.13 Freedom and an Employee may direct Mutually Agree in writing to the Employee cashing out of a particular amount of annual leave. Freedom must keep a copy of the agreement as an employee to take up to a quarter record as required by the Act. The agreement must:
(a) state the amount of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to cashed out and the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment be made to the employee for it; and
(b) state the date on which the payment is to be made; and
(c) be signed by Freedom and the Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian; and
(d) not result in the Employee’s remaining accrued entitlement to annual leave being less than four weeks; and
(e) result in the Employee being paid an amount which is not less than the amount that leave period from whatever remuneration is would have been payable to him or her upon the cessation of employmentEmployee if they had taken the leave at the time the payment is made.
17.10 23.14 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which Employee cannot cash out more than two weeks’ annual leave has not been taken, provided that the loading in any 12 month period under clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company23.13.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An 21.1 Except as provided in this clause, all weekly employees who complete twelve months' continuous service with an employer will be granted 28 successive days' leave on full pay; such leave to commence on the day following the last working day preceding commencing such leave.
21.2 In lieu of the provisions of 21.1, seven-day shift workers (i.e. employees working rostered shifts necessitating regularly rostered Sunday and public holiday work as part of their ordinary hours) who complete twelve months' continuous service with an employer will be granted 35 consecutive days' leave on full pay. Such leave is to commence on the day following the last working shift immediately preceding commencing such leave. Where the period of 35 days' consecutive leave according to the employee's roster under this clause does not include 25 ordinary paid shifts, then there will be added to the period of leave such number of days as is necessary to cover 25 ordinary pay shifts on the employee's roster.
21.3 Where an employee shall works for part of the twelve months' period as a seven- day shift worker, the employee will 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 in the result may be paid for in cash.
21.4 The leave prescribed in 21.1, 21.2 and 21.3 will be taken at a time fixed by the employer. Leave may be split into separate periods by mutual agreement between the employee and employer.
21.5 Any employee who terminates the employee’s employment or whose employment is terminated by the employer for any reason other than misconduct will be entitled to four weeks payment in lieu of annual leave in respect of each completed week of continuous service for each twelve months’ service with which leave has not been granted. Where an
21.6 An employee before going on annual leave will be paid for such leave at the Companyrate at which the employee was ordinarily employed prior to the commencement of the leave. For a seven-day shift worker annual leave payments will be the amount which the employee concerned would have received had the employee worked the employee’s actual roster but excluding overtime, exclusive of and penalty payments which the employee would have received for working on public holidays. Annual leave accumulates monthly holidays had the employee not proceeded on a leave: pro rata basispayments made on termination will be at ordinary rates.
17.2 The 21.7 An employee before going on annual leave entitlement will be paid a loading in addition to the payment under 21.6 as follows:
21.7.1 Day worker - an employee who would have worked on day work only had the employee not been on leave - a loading of 17.5%.
21.7.2 Shift worker - the payment prescribed in 21.6 or a loading of 17.5% of the employee’s ordinary time rate of pay for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksthe employee would have worked on the roster, whichever is the greater.
17.3 The time 21.7.3 In the case of giving and taking of leave shall death or retirement (age, ill-health) pro rata payments made on termination will be by mutual arrangement between the Company and the employee concernedat ordinary rates.
17.4 The Company may direct 21.8 If without reasonable cause any employee fails to resume duty at the due time after an employee to take absence on annual leave during any shut downleave, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that then payment will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall not be made at the relevant minimum rate of pay for any holiday (referred to in clause 19 – Minimum wages, plus a loading of 17.5 per cent Public holidays) which occurs during such absence on that rate of payannual leave.
17.7 21.9 Annual leave will be given and taken within twelve months of its becoming due. At least four weeks' notice will be given of the commencement of annual leave. An employee and the employer may agree that less than four weeks' notice may be given in individual cases.
21.10 An employer may apply a system of annual close-down with respect to all or the bulk of employees in a plant or section thereof in which case at least three months' notice will be given.
21.11 The Company employer may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to fully accrued, but where the payment leave is so taken a further period of annual leave will not commence until the expiration of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable twelve months' service in respect of the period of such which annual leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementwas taken.
17.9 21.12 Where annual leave has been granted to an employee pursuant to this subclause before the right thereto has accrued, and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months' continuous service in respect of which leave has accrued duewas granted, the Company employer may deduct the balance cash equivalent of the unearned leave which amount will not include any sums paid for any of the holidays prescribed by clause 19 – Public holidays.
21.13 Except as provided in 21.1, 21.2 and 21.3 payment to will not in any circumstances be made in lieu of annual leave.
21.14 If a public holiday as prescribed in this award occurs during a period of annual leave, and provided the employee for would have worked on that leave period from whatever remuneration is payable to him or her upon public holiday had the cessation of employment.
17.10 An employee whose employment is terminated by not been on annual leave, the Company or who lawfully leaves the employment shall employee will be entitled to a pro rata payment calculated day in lieu of the public holiday. If the public holiday falls on his or her relevant minimum rate a rostered day off during a period of annual leave, eight hours' pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only at single time will be paid or if agreed between the employee and employer a day may be added to annual leave.
21.15 An employee entitled to a day in respect lieu of paid out annual leave for employees who a public holiday, as prescribed in 21.14, may elect to receive an additional eight hours' pay rather than take advantage of a day in lieu of a public holiday.
21.16 For the purpose of this clause, service will be deemed to be continuous notwithstanding, that an employee may have been employed for a minimum 12 months absent on leave in accordance with the Companythis award.
Appears in 1 contract
Samples: Engineering Agreement
Annual Leave. 17.1 An a) All employees covered by this Agreement are entitled to 4 weeks paid annual leave after each 12 months of continuous service. Shiftworkers are entitled to one extra week of annual leave. A loading of 17.5% of ordinary weekly pay will be paid whilst you are on annual leave. If an employee works part time, the annual entitlement will be pro rata based on the employee’s ordinary hours worked.
b) Annual Close Down: Annual leave may be rostered throughout the year, may be split over a number of occasions tosuit the business requirements and employee preferences and/or be taken during annual close-down. The time and lengths of period of close down shall be entitled addressed through consultation between management and affected employees at any location. A minimum of one month's notice of close down should be provided.
c) The parties to four weeks this Agreement agree to work toward the implementation of a system for scheduling the taking of annual leave for each twelve months’ service with such that the Company, exclusive ’s annual leave liability (defined as the total amount of public holidays. Annual accrued annual leave accumulates monthly on a owing to employees) can be reduced without disruption to the business.
d) The parties to this Agreement further agree that: • Employees who have more than 8 weeks of accrued annual leave (not including pro rata basis.
17.2 The annual leave) are required to schedule and take at least 25% of their accrued annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 year; • The time of giving scheduling and taking of annual leave shall be by mutual arrangement between spread over each calendar 12 month period to avoid the Company and the employee concerned.
17.4 The Company may direct an employee circumstances where there are more than 2 employees per work section rostered to take annual leave during any shut downat the same time; • However, including any such shut down over the Christmas where special circumstances exist and New Year period, provided where the employee has an accrued obtained written authorisation from the Distribution Centre Manager, he or she may accrue annual leave balance that will at least cover the for a maximum period of 2 years, without being required to take such leave. Where the shut downemployee has received such authorisation, the employee will agree with the Distribution Centre Manager at the time of seeking authorisation, on an agreed date when such annual leave will be taken.
17.5 e) Annual leave cash out: An employee covered by this Agreement, may at the employee’s own election but on not more than one occasion in each 12 month period, make a request to the Company in writing, to be able to cash out (or receive pay in lieu of taking) an amount up to a maximum of 2 weeks annual leave (including any annual leave loading normally payable on such leave) on the condition the cashing out would result in the employee’s remaining accrued entitlement for paid annual leave not to be less than 4 weeks. The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if authorise the employee’s accrued request and the Company has the right to reject any request for payment. If the request is authorised, the employee is entitled to an equivalent amount of pay to the leave foregone and the employee’s leave balance will be reduced by that amount. Each cashing out of a particular amount of paid annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall must be made at by a separate agreement in writing between the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due employer and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementemployee.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Distribution Agreement
Annual Leave. 17.1 An
a) Full time and part time employees are entitled to 4 weeks annual leave after 12 months completed service in accordance with the following.
b) Subject to this clause, an employee’s entitlement to annual leave accrues on the basis at the rate of 1/13 of the number of ordinary hours during each 4 week period. Any time in respect to which an employee is absent from work, except time for which they are entitled to claim workers Compensation to a maximum of two weeks in any year or entitled to sick pay or time spent on holidays or annual leave as prescribed in this Agreement, shall not count for the purposes of determining their right to annual leave.
c) Annual leave does not accrue during any period of unpaid leave.
d) Annual leave is paid at an employee’s ordinary rate of pay plus a loading of 17.5%. Where an employee’s employment terminates the employee shall be entitled to four weeks be paid any untaken accrued annual leave for each twelve months’ service that has been credited to that employee. The leave loading will also be paid upon termination in accordance with the National Employment Standards and the Fair Work Act 2009.
i. By an employee requesting to take some or all of the annual leave which has been credited to the employee, subject to authorisation by the Company. The Company will not unreasonably refuse a request to take annual leave credited to an employee; however authorisation is subject to the operational requirements of the workplace; Provided that if an employee has more than 4 weeks leave accrued they can, subject to the operational requirements of the Company, exclusive take the excess after the 4 weeks, or part thereof, at any time after giving the Company 2 weeks’ notice of public holidays. Annual leave accumulates monthly on a pro rata basistheir intention to do so.
17.2 The ii. By the Company directing an employee to take accrued annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksin excess of four (4) weeks by giving a minimum of 2 weeks’ notice.
17.3 The time of giving and taking of leave shall be by mutual arrangement between e) Where the Company and shuts down all or any part of the business employees may be required to take accrued annual leave. If an employee concerneddoes not have any annual leave accrued that employee will be required to take leave without pay.
17.4 f) The Company may direct an employee to take annual paid leave during any shut down, including any such shut down over the Christmas and New Year period, provided if the employee has accrued more than either six weeks and the employer and employee are unable to reach agreement on taking of the leave. The Company must give an accrued annual leave balance that will employee at least cover 28 days’ notice prior to the date the employee is required to commence the leave. The amount of leave the employee is directed to take must be no greater than 25% of the amount of leave accrued.
g) The Company and employee may agree that the employee can take a period of paid leave over a longer period. Where this occurs, the payment for the leave will be reduced in proportion to the period of extension, e.g. it may be agreed the shut downleave period is doubled taken on half pay.
17.5 h) An employee may agree with the Company to take annual leave in advance of entitlements. Where this occurs, the employee’s leave balance will be reduced by the amount equivalent to the leave taken in advance as the employee’s entitlement to paid annual leave accrues. The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if deduct from the employee’s accrued annual termination payments, leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at taken in advance where the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on entitlements to that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that accrued as at the loading date of termination.
i) Any untaken leave in clause 17.6 shall only be paid in respect one year cumulates to the next year.
j) For the purpose of paid out the additional week of annual leave provided for employees in the National Employment Standards, a shiftworker is a seven day shiftworker who have been employed for a minimum 12 months with the Companyis regularly rostered to work on Sundays and public holidays.
k) This clause does not apply to casual employees.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) An Employee is terminated by required to give one weeks’ notice of a request to take well-being leave. The Company cannot refuse a request for an Employee to take Family leave.
(v) On termination the Company or who lawfully leaves the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyan Employee.
Appears in 1 contract
Samples: Construction Agreement
Annual Leave. 17.1 An employee shall be Full time and part time employees are entitled to four weeks 4 weeks' paid annual leave for in each twelve months’ service with the Companyyear of employment, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisto be taken at times agreed between you and your employer.
17.2 The Annual leave accrues on a pro-rata basis throughout the year, is cumulative and is paid out upon termination of employment.
17.3 When you take annual leave entitlement leave, you will be paid at your Ordinary Wage Rate for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concernedyou would have otherwise worked during that period.
17.4 The Company may direct an employee If you would like to take annual leave, please apply to us as soon as possible and no later than 4 weeks prior to the anticipated leave. We will only refuse your request to take annual leave during any shut downon reasonable business grounds. Cashing out of annual leave
17.5 If you make a request to receive payment instead of taking annual leave, including any such shut down over we can agree in writing to the Christmas and New Year period, cashing out of your annual leave provided the employee has an accrued that your annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 after any cashing out is no less than 4 weeks.
17.6 Payment for Any agreement to cash out an amount of annual leave shall must state the amount of annual leave to be cashed out, the payment to be made at to the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent employee and the date on that rate of paywhich the payment will be made.
17.7 The Company may allow maximum amount of annual leave to that may be taken by cashed out in any 12 month period is 2 weeks. Excess Leave Accruals
17.8 If an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment an excess accrual of the loading, when paid annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is (being more than 8 weeks’ annual leave) then payable in respect of the we can direct you to take a period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementannual leave.
17.9 Where A direction to take a period of annual leave has been granted must not be for a period of less than 1 week, commence sooner than 8 weeks or later than 12 weeks from the direction date, or result in your remaining leave accrual being less than 6 weeks at the time of you taking the directed leave.
(a) A direction to an employee before the take a period of annual leave has accrued due, the Company may deduct the balance of the payment to must not:
(i) Require the employee for that to take a period of paid annual leave period from whatever remuneration beginning less than 8 weeks, or more than 12 months, after the direction is payable to him or her upon given; and
(ii) Be inconsistent with any leave arrangement agreed by the cessation of employmentemployer and the employee.
17.10 An employee whose employment is terminated by If you have an excessive leave accrual, then either you or the Company employer can confer with the other and genuinely try to reach an agreement on how to reduce or who lawfully leaves eliminate the employment shall be entitled excessive leave accrual.
17.11 You may only give notice to a pro rata payment calculated on his the employer to request to take one or her relevant minimum rate more periods of pay in clause 19 – Minimum wages, for the period in respect of which paid annual leave has if you have genuinely tried and failed reach an agreement under clause 17.10 and if:
(a) You have had an excessive leave accrual for more than 6 months at the time of giving notice; and
(b) You have not been takengiven a direction in line with clause 17.10 that when any other paid annual leave arrangements are taken into account, provided that would eliminate your excessive leave accrual.
17.12 No annual leave loading is payable under this Agreement as it has been incorporated into the loading Ordinary Wage Rates in clause 17.6 shall only be paid in respect Minimum Wage Rate Schedule of paid out this Agreement. Additional week of annual leave for employees NES shiftworkers
17.13 For the purpose of the NES, a shiftworker means an employee who have been employed regularly works on a Sunday or a public holiday ("regularly" means more than 34 Sundays and 6 public holidays in a year) in a workplace where shifts are continuously rostered 24 hours a day for 7 days a minimum 12 months with the Companyweek.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be √ Full time employees √ Part time employees √ Casual employees Annual leave is provided for in the NES. This clause highlights key NES, as well as, additional provisions:
a. Full-time employees are entitled to four (4) weeks annual leave (pro-rated for part-time employees) for each twelve months’ year of service with the Company, exclusive of public holidays. CPA.
b. Annual leave accumulates monthly on accrues progressively during a pro rata basisyear of service in accordance with the employee’s ordinary hours of work.
17.2 The c. An employee must provide one month’s notice of the date in which they intend to take annual leave.
d. Notwithstanding clause 10.2 (c), employees can take annual leave entitlement for each part time employee shall at a time, and in a quantity, agreed between themselves and CPA, such agreement not to be calculated pro rata according to the ordinary hours he or she actually worksunreasonably withheld by their manager.
17.3 The time of giving and taking of e. A public holiday falling during an employee’s annual leave shall will be counted as a public holiday, not as annual leave.
f. CPA may permit an employee to use accrued annual leave where the employee’s accrued Personal Leave is exhausted. Such substitution must be agreed by mutual arrangement between the Company both CPA and the employee concernedemployee.
17.4 The Company g. CPA may direct an employee to take annual leave:
1. If the employee has accrued an excess amount of annual leave during any shut down, including any such (greater than eight (8) weeks) and where mutual agreement is not forthcoming; or
2. During a period of forced shut down over the Christmas and event – e.g. Christmas/New Year period. In the case where an employee does not have accrued annual leave, provided CPA may approve leave without pay.
3. In emergency situations, where CPA’s operations are adversely affected beyond CPA’s control by events such as fire, flood, explosion, bomb attack, war, terrorism, natural disasters, state emergencies or complete computer malfunctions.
h. If directed to take annual leave in accordance with clause 10.2 (g) (1) and (2), a manager will give the employee one (1) month’s notice of the date that the employee must take annual leave.
i. CPA may permit for the accumulation of excess annual leave balances if an employee is doing so for a significant personal event such as overseas travel, parental leave, etc., and the employee has an accrued sought approval for this in advance of accruing the excessive annual leave balance that will at least cover the period of the shut downleave.
17.5 The Company may direct an employee j. Casual employees are entitled to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a casual loading of 17.5 per cent on that rate 8.33% in lieu of payannual leave.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 16.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 16.2 The annual leave entitlement for each part part-time employee shall be calculated pro rata according to the ordinary hours he or she actually works.works.
17.3 16.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 16.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 16.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 16.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 18 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.pay.
17.7 16.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 16.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 18 – Minimum wages, payable at the accruing of the entitlement.
17.9 16.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 16.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 18 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 16.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Employer Greenfields Agreement
Annual Leave. 17.1 15.1.1 All permanent Employees are entitled to Annual Leave in accordance with the Act. Annual leave accrues on the basis of 1/13th of ordinary hours worked per completed four week period. Annual leave is paid on the basis of a 38 hour week for full time employees, and pro rata for part time employees.
15.1.2 The Employer may approve the taking of part of an employee’s annual leave accrual on application by an Employee, taking into account operational requirements.
15.1.3 The Employer may require an Employee to take annual leave at any time on the giving of one months notice, or a lesser period agreed to between the parties.
15.1.4 An employee shall be entitled Employee may accrue up to four weeks annual leave. Any leave for each twelve months’ service with accrued in excess of four weeks will be required to be taken at a time directed by the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisEmployer.
17.2 The 15.1.5 Notwithstanding clause 15.1.4, the Employer may agree to an Employee retaining more than four weeks accrued annual leave where there are exceptional circumstances.
15.1.6 An Employee may elect to cash out up to two weeks of the accrued annual leave entitlement for each part year. If an Employee accrues more than two weeks annual leave in any year, the leave accrual which carries over to subsequent years may be cashed out provided that a minimum two weeks annual leave is taken as time employee shall off each year. Election to cash out annual leave may only be calculated pro rata according made by notice in writing to the Employer and must be authorised by the Employer. Payment in lieu of annual leave will be made at a rate that is no less than the Employee’s ordinary hours he or she actually worksrate of pay at the time the election is made.
17.3 The 15.1.7 Accrued untaken annual leave will be paid out to the employee on termination of employment.
15.1.8 Employees who have exhausted their annual leave entitlements at the time of giving and taking a closure of leave shall the Employer’s business may be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut stood down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover without pay for the period of the shut downclosure.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued 15.1.9 No annual leave entitlement if the employee’s accrued loading will apply to periods of annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment subject to the employee for that leave period from whatever remuneration is payable to him or her upon having a minimum of twelve months service at the cessation of employment.
17.10 An employee whose employment is terminated by time the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyfalls due.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. 17.1 An employee (a) Period of leave
(i) Annual leave shall accrue, be entitled credited and paid to four weeks employees in accordance with the NES, based on the full-time entitlement of 4 weeks' leave per year of service.
(ii) Annual leave accrues proportionately month to month.
(b) Public holidays excluded
(i) The period of annual leave for each twelve months’ service with shall not include public holidays under clause 14 observed on working days but shall include all other non-working days.
(ii) If any public holiday under clause 14 falls within the Company, exclusive employee’s period of public holidays. Annual annual leave accumulates monthly and is observed on a pro rata basis.
17.2 The day which, in the case of that employee, would have been an ordinary working day, there must be added to the employee’s period of annual leave entitlement for each part time employee shall be calculated pro rata according equivalent to the ordinary hours he or she actually workstime which the employee would have worked if the day had not been a holiday.
17.3 The time (i) During a period of giving and taking of annual leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus receive a loading of 17.5 per cent 17.5%, calculated on that the rate of paywage prescribed in clause 6 of Part A of this Agreement. Provided that where the employee would have received the loading prescribed in 7(g) of this Part had the employee not been on leave during the relevant period and such loading would have entitled the employee to a greater amount than the loading of 17.5% the greater amount shall be added to the rate of wage prescribed by clause 6 of Part A in lieu of the 17.5% loading.
17.7 (c) Leave in advance
(i) The Company employer may allow grant annual leave to be taken by an the employee before the right thereto to leave has accrued due.
17.8 An employee has no entitlement to the payment of the loadingaccrued, when annual but where leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the such a case a further period of annual leave shall not accrue until such time as the annual leave and is calculated on the relevant minimum rate of pay taken in clause 19 – Minimum wages, payable at the accruing of the entitlementadvance has been repaid.
17.9 (ii) Where leave has been granted to an the employee pursuant to this subclause before the right to the leave has accrued dueaccrued, and the employee subsequently leaves or is discharged from the service of the employer before completing the continuous service in respect of which the leave was granted, the Company may deduct the balance employer may, for each one complete month of the payment to qualifying period of twelve months not served by the employee for that leave period employee, deduct from whatever remuneration is payable to him or her upon the cessation termination of employmentthe employment one-twelfth of the amount of wages paid on account of the annual leave. The amount deducted shall not include any sums paid for any of the holidays prescribed in clause 14 of this Agreement. Provided that, in cases where leave in advance is granted at the request of the employee, the employer may when making payment under this clause withhold from the employee a sum equal to one-twelfth of the payment for each complete month of the qualifying period not served by the employee at the time of going on such leave and retain such sum until the expiration of such qualifying period.
17.10 An (i) Proportionate payment on termination Proportionate payment shall be made to the employee on weekly hiring who leaves the employment or whose employment is terminated by the Company or who lawfully leaves employer prior to the employment completion of 12 months continuous service and such payment shall be entitled to a pro rata payment calculated made on his or her relevant minimum rate the basis of pay in clause 19 – Minimum wages2.923 hours for each five ordinary working days worked of continuous service, for the period in respect of which annual leave has not been takengranted under this clause, provided that the loading in clause 17.6 and shall only be paid in respect at the appropriate rate of paid wage for the taking of annual leave.
(j) Cash out of Annual Leave Nothing prevents the parties from agreeing to cash out annual leave for employees who have been employed for a minimum 12 months entitlements in accordance with the CompanyFair Work Act 2009.(Cth)
(k) Annual leave and sick leave
(i) If the employee falls sick on annual leave and produces at the time satisfactory medical evidence, the employee may be granted at a convenient time additional leave equivalent to the period of sickness falling within the annual leave, and such absence shall be recorded as sick leave.
(ii) Where such annual leave has been re-credited as sick leave no leave loadings shall be payable when the annual leave so credited is again taken by the employee.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be 18.1 This clause applies only to full-time and part-time Employees.
18.2 For each year of service, Full-time Employees and Part-time Employees are entitled to four 4 weeks (152 hours) annual leave with such leave to be paid at the agreed annualised rate of pay that the employee would receive for each twelve months’ service working ordinary hours in the period of leave. Except for the amount of annual leave, Employees' annual leave entitlements are in all other respects, in accordance with the Companyrelevant provisions of the Act.
18.3 Employees who are engaged as Shift Standby Technician who can be called upon to work 7 days, exclusive Sundays and publics holidays, will accrue annual leave at a rate of 5 weeks (190 hours) in recognition of the flexibility required to perform operations coverage, including working nights, weekends and public holidays when required.. Except for the amount of annual leave, Employees' annual leave entitlements are in all other respects, in accordance with the relevant provisions of the Act.
18.4 Employees who work on a continuous shift roster that covers all 7 days of the week and who regularly work Sundays and public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The , will accrue annual leave entitlement for each part time employee shall be calculated pro rata according at the rate of 252 hours per year in recognition of working nights, weekends and public holidays as well as ‘on call’ responsibilities and associated “call backs” up to the ordinary hours he or she actually works.2 shifts (
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 18.5 The Company may direct Employees to take any annual leave credited to the Employees, in circumstances where there is a close down of that part of the Company's business in which the Employees work. If an Employee does not have enough accrued annual leave to cover all or part of the close down period, the relevant Employee agrees that he/she will take leave without pay. Such leave without pay will still count as service and he/she will continue to accrue relevant leave entitlements during those periods.
18.6 Annual leave loading is not payable and has been factored into the annual salary indicated for each Career Level.
18.7 Cashing Out Annual Leave
a) An employee is entitled to cash out up to 4 weeks Annual Leave per annum.
b) In order to cash out an amount of annual leave the following conditions must be satisfied:
i. the employee must retain an entitlement to least four weeks paid annual leave
ii. there is a separate request and agreement in writing on each occasion that leave is cashed out
iii. the Company must not exert undue influence or undue pressure on an employee to take agree to cash out an amount of annual leave
iv. the employee must be paid at least the full amount that would have been payable had the annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided been taken.
v. the employee has an accrued must have taken 4 weeks annual leave balance that will at least cover (or 152 hours) in the period of 12 months prior to application or have 4 weeks (or 152 hours) leave scheduled in the shut downfollowing 12 months.
17.5 The Company may direct vi. If the prospective leave is not taken then the employee will only be eligible for further cash out of leave when they have taken 4 weeks leave in the 12 months prior to application and have 4 weeks (or 152 hours) leave scheduled in the following 12 months.
vii. Not more than one application can be made in any 12 month period.
c) SUEZ will not force an employee or exert undue influence or undue pressure on an employee's decision whether or not to take up to a quarter cash out an amount of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeksleave.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Employment Agreement
Annual Leave. 17.1 An 18.1. The Employee will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until the Employee has completed 12 months of continuous service, except where the Company agrees to allow the Employee to take Annual Leave in advance of this.
18.2. The Employees are paid in advance for their Annual Leave and Leave Loading as part of the Agreement Trip Rates set out in the table in clause 9.1.
18.3. The employee shall be entitled paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service and that they were not dismissed as a result of their behaviour or performance before completing 12 months continuous service. Leave Loading is not payable on unused Annual Leave entitlements when they are paid out at the end of the employees’ employment.
18.4. The Employee must, subject to four weeks annual leave for the Act, take at least half of their Annual Leave accrual each twelve months’ service with year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the Annual Leave that they accrue in any one year, subject to the Company, exclusive ’s agreement. The maximum amount of public holidaysAnnual Leave that can be cashed-out in any one year is two weeks for a full-time employee. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company Employee may direct an employee to take annual leave then work during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down‘cashed out’ Annual Leave. If the Employee wishes to ‘cash out’ any Annual Leave under this clause, they would already have been paid for that Annual Leave and Leave Loading through the Agreement Trip Rates set out in the table in clause 9.1.
17.5 18.5. The Company may direct an employee require the Employee to take up to a quarter some or all of his or her total their accrued annual leave entitlement if Annual Leave, in accordance with the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wagesAct, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, as and when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated nominated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with Company gives the CompanyEmployee at least 14 days notice.
Appears in 1 contract
Samples: Collective Workplace Agreement
Annual Leave. 17.1 a) An employee employee(s) entitlement to annual leave under this Agreement shall, from the date of lodgement of this Agreement, be in accordance with the AFPCS, as amended. Casual employees shall have no entitlement to annual leave.
b) Employees will be entitled to four weeks paid annual leave per annum, provided that shift workers shall be entitled to up to one additional week’s paid annual leave per annum. The additional week’s annual leave for shift workers will be an entitlement accrued on a pro-rata basis depending upon the number of months each twelve months’ service year an employee works as a shift worker.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement at the time that an employee takes annual leave.
d) Annual leave will accrue and be credited each fortnight to each employee on a pro-rata basis of nominal hours worked or paid.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and xxxxxxx requirements of the Company. An employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive .
f) An employee may take annual leave in advance of public holidays. completing 12 months service provided it does not exceed the employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an employee.
h) Annual leave accumulates monthly on loading is paid under this Agreement at a pro rata basisrate of 17.5%.
17.2 The i) Where an employee has more than 4 weeks annual leave entitlement for each part time accrued to them, the Company may direct the employee shall be calculated pro rata according to take annual leave by providing a minimum four weeks notice to the ordinary hours he or she actually worksemployee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 j) The Company may direct an employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g. the Christmas and Christmas/ New Year period.
k) Annual leave may be cashed out by agreement between the Company and employee, provided subject to the following conditions:
i. An employee has an accrued must elect in writing to cash out annual leave;
ii. An employee must not cash out more than two weeks annual leave balance that will at least cover the period of the shut down.in each 12 month period;
17.5 iii. The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment must agree to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employmentcashing out their annual leave.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. 17.1 An (a) If you are a full time employee shall be you are entitled to four weeks paid annual leave for each twelve months’ service with completed year of service, at the Companydesignated rate of pay for Monday to Friday.(Sunday to Friday if optional Sunday is worked) If you are a part time employee you will accrue paid annual leave on a pro-rata basis, exclusive of public holidayscalculated on your set ordinary hours. Casual employees do not qualify for annual leave because they are paid a loading instead
(b) Annual leave may be granted and taken at any time by mutual agreement, subject to availability. Annual leave accumulates monthly should to be taken in blocks of 1 week where possible ,i.e., one, two ,three or four weeks leave at a time. Sundry days may be approved, but leave for Sundays will NOT be approved/paid unless it is part of a full week. Therefore, Sundays may not be taken as a sundry day of leave
(c) You may , subject to availability, take annual leave that has accrued on a pro pro-rata basisbasis .
17.2 (d) You are to give at least 4 weeks written notice of annual leave to be taken. The employer may give 4 weeks notice for accrued leave to be taken.
(e) All annual leave entitlements should be taken within 12(twelve)months of the anniversary of such leave becoming due. By mutual agreement an employee may elect to accrue the annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time a period of giving and taking of not more than 2 (two) years, provided at least 2 weeks leave shall be by taken in any 12 month period.( This would allow up to 6 weeks available for an overseas trip ,for example)
(f) Annual leave accrued from the commencement of this agreement will be paid at the rate applicable when it accrues. .
(g) By mutual arrangement between the Company and agreement, the employee concerned.may , when on annual leave, be paid a lump sum in advance, or continue to be paid weekly
17.4 The Company may direct an employee to take annual (h) If you leave during this employment, or are dismissed for any shut downreason, including you will receive on termination a payment in lieu of any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will entitlement
(i) Up to 2 weeks Annual Leave per year may be cashed in, but only when at least cover the period an equivalent amount of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and actually taken. This will not be available during the loading is then payable in respect first year of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementservice.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Collective Workplace Agreement
Annual Leave. 17.1 An Each employee of this Unit shall be entitled to four weeks accrue and accumulate annual leave for each twelve months’ at various rates as set forth below based on length of continuous service with the Company, exclusive of public holidayssuch employee. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according used to provide for paid time off on legal holidays which are normally scheduled work days and for other forms of personal paid leave including, but not limited to, employee development leave. Less than 2 years 30 days Two (2) years less than six (6) years 33 days Six (6) years less than eight (8) years 35 days Eight (8) years or more 40 days Employees may carry over a maximum of twenty (20) unused leave days from one fiscal year to the ordinary hours he or she actually works.
17.3 The time next succeeding fiscal year. For the term of giving and taking of this agreement, only the maximum carry over leave balance shall be increased by five days. Employees who begin to work after the beginning of the fiscal year shall receive a proration of the annual accrual based on their start work date. Employees who leave prior to the end of the fiscal year shall receive an adjustment in their annual accrual based on their length of service in their final year. Employees who separate during the year and who have used more than their annual accrual, shall have a proportionate adjustment from their final paycheck. Any employee leaving prior to the end of the first full year of employment shall have no vested accrual. Employees who reach the maximum leave balance, inclusive of any carry over, shall cease to accrue any additional paid time off. Employees who now are provided with paid legal holidays or other supplemental paid time off benefits established by mutual arrangement between agreement may continue to receive such benefits. However, in no case shall maximum annual accrual exceed 40 days. Any employee hired after September 24, 2002 shall be limited to the Company accrual rates as provided in this section, and will not be eligible for additional paid time off. For Obstetricians/Gynecologists and Anesthesiologists who are in-house when taking call, in any pay period in which a county recognized holiday falls, if the employee works a minimum of 80 hours in that pay period, and takes in-house call the employee's leave accruals shall not be deducted if the employee is not scheduled to work on that holiday. Inversely, if the employee does not work a minimum of 80 hours in the pay period a holiday falls and the employee concerned.
17.4 The Company may direct an employee is not scheduled to take work on that holiday, then the employee's annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave accrual shall be made at deducted the relevant minimum rate total number of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave hours needed to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee complete 80 hours for that leave period from whatever remuneration is payable to him particular pay period. This section shall not affect the paid legal holidays or her upon supplemental paid time off benefits established by mutual agreement defined in the cessation of employmentparagraph above.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Memorandum of Understanding
Annual Leave. 17.1 a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES. Casual Employees shall have no entitlement to annual leave.
b) Employees will be entitled to four weeks paid annual leave per annum. Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for each twelve months’ the purpose of the NES, such an Employee shall be entitled to five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and xxxxxxx requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company.
f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the Employee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
i) Provided an Employee receives 4 weeks-notice, the Company may direct an Employee to take any accrued annual leave during the Company’s annual close down, e.g., the Christmas/ New Year period. Close-down shall be deemed to mean a period of not less than two consecutive weeks, inclusive of public holidays, provided that the close-down period may not extend for longer than three consecutive weeks, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.,
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 Entitlement: An employee will accrue annual leave entitlement for work in the bargaining unit under this Agreement according to his seniori ty as follows: as of March 310 to 1 year (prorated to March 31) 1 to "4 years 5 but less than 7 years 7 but less than 9 years 9 but less than 12 years 12 but less than 14 years 14 but less than 17 years 17 but less than 20 years 20 years and above 5 days 10 days 11 days 12 days 13 days 14 days 15 da ys 16 days " , Each hour of annual leave entitlement will entitle an employee to one hour off with pay at his regular hourly compensation rate at the tIme of the icavc. An employee must consume his leave entitlement by March 31, annually pursuant to the provisions of Paragraph 32 and may not carry any leave entitlement into the next year. Probationary employees may consume accrued leave pursuant to the provisions of Paragraph 32, provided, however, tha t a proba tionary employee who does not successfully complete his probationary period shall be entitled to four weeks annual only that percentage of his accrued leave for each twelve months’ service entitlement which equals the percentage of the probationary period successfully completed by said employee. If the employee has consumed more xxx u a 1 xxx ve tha n tha t to which he is en ti tIed hereund er, a t the time of his termination of employment with the Companyemployer, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The his final pay shall be reduced to fully reimburse the employer for the excess annual leave entitlement for each part time employee shall be calculated pro rata according to consumed by the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided employee. If the employee has an accrued annual not consumed lea ve to which he is entitled, his final pay shall be increased to compensate him for his unconsumed leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave entitlement. All adjustments made hereunder shall be made at the relevant minimum employee's regularly hourly compensation rate as of pay in clause 19 – Minimum wages, plus a loading the date of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by termination. If an employee before IS on annual lea ve and develops personal sickness, the right thereto has accrued due.
17.8 An employee has no entitlement nature and term of which is verified in writing to the payment of employer by a duly licensed physician (or by other evidence which- is satisfactory to the loadingemployer), when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of time of such personal sickness occurring during the "annual leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing shall not count as consumption of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been takenentitlement, provided that but shall reduce the loading in clause 17.6 shall only be paid in respect of paid out annual employee's med ical leave for employees who have been employed for a minimum 12 months with the Company.en titlemen t.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Annual Leave. 17.1 An employee shall 7.1.1 Full-time Employees will be entitled to four weeks paid annual leave for each twelve months’ service with the Companyper annum, exclusive of public holidays. Annual which will accrue gradually as time is worked.
7.1.2 Part-time Employees shall accrue annual leave accumulates monthly on a pro rata basisbasis of 1/38th of the full-time entitlement for each hour worked. Note: If a part-time Employee works 19 hrs per week, the pro rata entitlement is two weeks of paid annual leave per annum.
17.2 7.1.3 Annual leave shall be paid at the ordinary hourly rate of pay applicable under this Agreement, at the time that an Employee takes annual leave and excludes overtime, weekend penalty rates, special rates, travel and fares and expense reimbursements.
7.1.4 Where an Employee takes a period of annual leave, the Employee will be paid annual leave loading of 17.5%.
7.1.5 The annual leave entitlement loading prescribed will also apply to proportionate leave on termination but will not apply where an Employee is instantly dismissed by the Company for each part time employee shall be calculated pro rata according to the ordinary hours he reasons of malingering, inefficiency, neglect of duty, misconduct or she actually worksrefusing duty.
17.3 The time of giving and taking of 7.1.6 Annual leave shall be taken at a time which is approved by mutual the Company as being convenient having regard to overall operational and xxxxxxx requirements of the Company. Employees shall be required to provide at least four weeks’ notice of a request to take annual leave; however final approval shall lie with the Company.
7.1.7 An Employee may take annual leave in advance of completing 12 months service provided the amount taken does not exceed the Employee’s pro rata accrued annual leave entitlement. On termination, any amount taken in advance which has not accrued as at the Employee’s last day of work may be withheld from any wages owing.
7.1.8 On termination of employment, the value of any accrued but untaken annual leave shall be paid out to an Employee.
7.1.9 Where an Employee has more than eight weeks annual leave entitlement accrued, the Company may direct the Employee to take annual leave. Any direction provided under this clause:
(i) shall not result in the Employee having less than 6 weeks annual leave when taking into account any other annual leave arrangements;
(ii) must not require the Employee to take any period of paid annual leave of less than one week;
(iii) must be given at least 8 weeks (and not more than 12 months) prior to the taking of the annual leave; and
(iv) must not be inconsistent with any leave arrangement agreed by the Company and Employee.
7.1.10 The Company may direct an Employee to take any accrued annual leave during the Company’s annual close-down, e.g., the Christmas/New Year period subject to the Company providing two months’ written notice of the close down, or any shorter period agreed between the Company and the employee concernedmajority of affected Employees.
17.4 The 7.1.11 Annual leave may be cashed out by agreement between the Company may direct an employee to take annual leave during any shut downand Employee, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement subject to the payment of following conditions: the loading, when annual leave is taken wholly or partly agreement must be in advance, until an entitlement accrues due writing and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated signed by the Company and Employee (if the Employee is less than 18 years of age, the agreement must be signed by a parent or who lawfully leaves guardian); the employment shall date for which payment is to be entitled made must be specified in the agreement; the payment must not be less than the amount that would have been payable had the Employee taken the leave at the time payment is made; an agreement must not result in the Employee’s remaining accrued entitlement to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which paid annual leave has not been taken, provided that being less than 4 weeks; the loading in clause 17.6 shall only be maximum amount of accrued paid in respect of paid out annual leave for employees who have been employed for a minimum that may be cashed out in any period of 12 months with is 2 weeks; and the CompanyCompany must keep a copy of any agreement.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) An Employee is terminated by required to give one weeks’ notice of a request to take well-being leave. The Company cannot refuse a request for an Employee to take well-being leave.
(v) On termination the Company or who lawfully leaves the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate an Employee.
(vi) Accruals for Well-being leave will commence from 1/5/2023.
(vii) For the purposes of pay in this clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companycalendar year is January through to December.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall
7.1.1 Full-time Employees will be entitled to four weeks paid annual leave per annum, which will accrue gradually as time is worked. Shiftworkers shall be entitled up to one additional week of paid annual leave as outlined in the NES.
7.1.2 For the additional week of annual leave provided for each twelve months’ service with in the CompanyNES, exclusive of a shiftworker is a seven-day shiftworker who is regularly rostered to work on Sundays and public holidays. Annual .
7.1.3 Part-time Employees shall accrue annual leave accumulates monthly on a pro rata basisbasis of 1/36th of the full-time entitlement for each hour worked. Note: If a part-time Employee works 19 hrs per week, the pro rata entitlement is two weeks of paid annual leave per annum.
17.2 7.1.4 Annual leave shall be paid at the ordinary hourly rate of pay applicable under this Agreement, at the time that an Employee takes annual leave and excludes overtime, shift loading, weekend penalty rates, special rates, travel and fares and expense reimbursements.
7.1.5 When an Employee takes a period of annual leave, the Employee will be paid annual leave loading of 17.5%
7.1.6 Where the Employee would have received shift loadings had they not been on leave, they will receive the higher of either the applicable shift loading for that period or the 17.5% annual leave loading.
7.1.7 The annual leave entitlement loading prescribed will also apply to proportionate leave on termination but will not apply where an Employee is instantly dismissed by the Company for each part time employee shall be calculated pro rata according to the ordinary hours he reasons of malingering, inefficiency, neglect of duty, misconduct or she actually worksrefusing duty.
17.3 The time of giving and taking of 7.1.8 Annual leave shall be taken at a time which is approved by mutual the Company as being convenient having regard to overall operational and xxxxxxx requirements of the Company. Employees shall be required to provide at least four weeks’ notice of a request to take annual leave; however final approval shall lie with the Company.
7.1.9 An Employee may take annual leave in advance of completing 12 months service provided the amount taken does not exceed the Employee’s pro rata accrued annual leave entitlement. On termination, any amount taken in advance which has not accrued as at the Employee’s last day of work may be withheld from any wages owing.
7.1.10 On termination of employment, the value of any accrued but untaken annual leave shall be paid out to an Employee.
7.1.11 Where an Employee has more than eight weeks annual leave entitlement accrued, or 10 weeks’ annual leave for shiftworkers, the Company may direct the Employee to take annual leave. Any direction provided under this clause:
(i) shall not result in the Employee having less than 6 weeks annual leave when taking into account any other annual leave arrangements;
(ii) must not require the Employee to take any period of paid annual leave of less than one week;
(iii) must be given at least 8 weeks (and not more than 12 months) prior to the taking of the annual leave; and
(iv) must not be inconsistent with any leave arrangement agreed by the Company and Employee.
7.1.12 The Company may direct an Employee to take any accrued annual leave during the Company’s annual close-down, e.g., the Christmas/New Year period subject to the Company providing two months’ written notice of the close down, or any shorter period agreed between the Company and the employee concernedmajority of affected Employees.
17.4 The 7.1.13 Annual leave may be cashed out by agreement between the Company may direct an employee to take annual leave during any shut downand Employee, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement subject to the payment of following conditions: • the loading, when annual leave is taken wholly or partly agreement must be in advance, until an entitlement accrues due writing and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated signed by the Company and Employee (if the Employee is less than 18 years of age, the agreement must be signed by a parent or who lawfully leaves guardian); • the employment shall date for which payment is to be entitled made must be specified in the agreement; • the payment must not be less than the amount that would have been payable had the Employee taken the leave at the time payment is made; • an agreement must not result in the Employee’s remaining accrued entitlement to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which paid annual leave has not been taken, provided that being less than 4 weeks; • the loading in clause 17.6 shall only be maximum amount of accrued paid in respect of paid out annual leave for employees who have been employed for a minimum that may be cashed out in any period of 12 months with is 2 weeks; and • the CompanyCompany must keep a copy of any agreement.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled to 14.1 Annual leave is provided for in the NES.
14.2 For each completed year of service, the NES entitles an Employee (other than a casual Employee) to:
(a) four (4) weeks of paid annual leave; or
(b) five (5) weeks of paid annual leave for if the Employee is a continuous shift worker i.e. the Employee is engaged to work in a system of consecutive shifts throughout the 24 hours of each twelve months’ of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Employer) and who is regularly rostered to work those shifts.
14.3 Under the NES, annual leave accrues progressively during a year of service with according to the CompanyE In the case of part-time employees, exclusive of public holidays. Annual annual leave accumulates monthly accrues on a pro rata basis. Annual leave does not accrue during any period of unpaid leave or unauthorised absence.
17.2 14.4 Annual leave can be taken by agreement between the Employer and Employee following a request by the Employee to take accrued annual leave. Leave approval is subject to the operational requirements of the workplace but will not be unreasonably withheld.
14.5 The Employer may also require an Employee to take accrued annual leave:
(a) by giving a minimum of two (2)
(b) where the Employer shuts down all or any part of the business; providing that the requirement to take leave is reasonable in the circumstances.
14.6 If an Employee is reasonably required to take leave under cl 13.5, and the Employee does not have sufficient accrued paid leave, the Employer and Employee may agree for the Employee to take leave without pay during the relevant period. All time the employee takes as leave without pay pursuant to this clause is deemed to be service.
14.7 Any untaken annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksis paid out on termination.
17.3 The time of giving and taking of 14.8 Annual leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made is paid at the relevant minimum flat hour rate of pay in clause 19 – Minimum wages, plus a 6 CLASSIFICATIONS AND WAGE RATES. An Employee is not entitled to annual leave loading of 17.5 per cent on that rate of payas it has been incorporated into the flat hourly rate.
17.7 The Company 14.9 By written agreement with the Employer, an Employee may allow elect to cash out part of his/her accrued annual leave entitlement each twelve (12) months, provided that:
(a) remaining accrued entitlement to paid annual leave being less than four (4) weeks;
(b) each cashing out of a particular amount of paid annual leave must be by a separate written agreement in writing between the Employer and the Employee; and
(c) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken by an employee before the right thereto has accrued dueleave.
17.8 An employee has no entitlement 14.10 This clause does not apply to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementa casual Employee.
17.9 Where leave has been granted to an employee before 15.1 The same definitions as provided for in the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration NES is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.read into
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 All full time weekly hired employees shall on completion of 48 weeks of work of forty hours each with the employer, be entitled to four weeks' leave paid for at the ordinary time rate of pay as prescribed by this Award for the employee’s classification. Subject to clause 27.3 hereof, annual leave shall be given and taken at such time and in such periods as are required by the employer provided that other than by mutual consent annual leave shall be given in one continuous period of four weeks or not more than two periods one of which shall be not less than two weeks in duration. Where the employer intends temporarily to close (or reduce to nucleus) an establishment or a section thereof for the purposes of allowing annual leave to the employees concerned or a majority of them he/she may give in writing to such employees one month's notice (or in the case of any employees engaged after giving of such notice, notice on the date of the employee's engagement) that he/she elects to apply the provisions of this clause, and thereupon: • any such employee who at the date of closing is entitled to annual leave shall be given such annual leave commencing on and from the date of closing and, in addition, shall be paid holiday pay and proportionate annual leave loading for any period of employment after the accrual of his or her right to the annual leave and up to but excluding the date of closing; • any such employee who at the date of closing is not entitled to annual leave shall be given leave without pay as on and from the date of closing and shall be paid holiday pay and proportionate annual leave loading for that period of employment since the date of commencement or the accrual of his or her last annual holiday (whichever is the later) and up to but excluding the date of closing, together with pay for any public holiday during such leave for which the employee is entitled to payment; and • the next annual leave qualifying period of employment for every such employee shall commence as on and from the date of closing. In clause 27.3 “date of closing” in relation to each employee means the first day of annual leave or unpaid leave pursuant to clause 27.3. Annual leave shall be in addition to public holidays provided for in clause 31 – Public Holidays. An employee whose services are terminated shall be entitled to four weeks annual all accrued leave for each twelve months’ service with or payment in lieu thereof. In respect of the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual time worked since the employee's last leave entitlement for each part time employee day leave shall be calculated pro rata according in the proportion which that period bears to a calendar year. A shift worker permanently engaged on continuous rostered shifts or engaged on permanent night shifts for the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period whole of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable year in respect of the period of such which leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a five weeks leave in lieu of four as provided in clause 27.1 above and pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the any period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyless than one year.
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
Annual Leave. 17.1 An employee shall The holiday year runs from 1st April to 31st March. Holiday is accrued on the basis of completed days of service and holiday balances are available on the HR system. The number of days holiday increases with length of service. The increase in number of days off applies from 1st April following the date on which the colleague has the required length of service. A minimum of two consecutive or single weeks of this annual entitlement must be entitled taken between the 1st May and 15th October in each year, by mutual agreement. In special circumstances, and subject to four weeks the needs of the business, this two week holiday may be allowed outside the normal period, subject to agreement between the line manager and colleague. The remainder of a colleague’s holiday entitlement will be made up of a reasonable balance of ‘odd’ days and consecutive days of holiday and subject to local agreement and the needs of the business. Note that during busy periods such as December/January managers may need to restrict holidays to ensure that we can be there for our clients. In order to minimise business disruption and to avoid a build-up of untaken holidays at the holiday year end (ie February - March) colleagues must plan their annual leave for each twelve months’ service entitlement at the earliest opportunity with their line manager. Holidays cannot be carried over into the Companyfollowing year, exclusive nor can payment be made in lieu of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut downHoliday Pay Calculation - Effective from 6th April 2020, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of holiday pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate basis of a colleague’s average earnings over the rolling previous 52 weeks or their Basic Salary, whichever the higher. If a colleague has less than 52 weeks service, holiday pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall will be entitled to a pro rata payment calculated on his or her relevant minimum rate the basis of pay in clause 19 – Minimum wages, for a colleague’s average earnings over the period in respect total number of weeks during which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who they have been employed with Co-op, or their Basic Salary, whichever the higher. When colleagues leave the Co-op, they’re entitled to receive payment for any accrued but untaken holidays. This is calculated by taking the amount of holiday accrued since the previous 1st April and deducting any holidays already taken. If a minimum 12 months colleague has taken more holidays than they have accrued at the point they leave the Co-op, then the Co-op will deduct the salary equivalent (calculated as above) for the overtaken holidays from the colleagues’ final pay. Please see appendix D which sets out the pay elements which are currently included in the holiday pay calculation referred to above. Please note that these elements may be reviewed from time to time, to ensure that we are complying fully with the Companyour legal and contractual obligations.
Appears in 1 contract
Samples: National Agreement on Pay, Allowances and Terms and Conditions of Employment
Annual Leave. 17.1 20.1 This clause applies to Employees, other than casual Employees.
20.2 Annual leave entitlements are provided for in the NES. This clause supplements those entitlements.
20.3 An employee shall be Employee is entitled to four weeks Annual leave, in addition to the amount provided for in the NES, such that the Employee’s total entitlement to annual leave pursuant to the NES and this Agreement for each twelve months’ service with the Company, exclusive year of public holidays. Annual leave accumulates monthly on employment is a pro rata basiscumulative total of 175 ordinary hours (five weeks).
17.2 The 20.4 An Employee defined as a shiftworker is entitled annually to an additional 35 ordinary hours (one week) of annual leave.
20.5 For each period of annual leave entitlement for each part time employee shall be calculated pro rata according to taken the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall each shift that would have been worked by an Employee will be by mutual arrangement between deducted from the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employeeEmployee’s accrued annual leave entitlement exceeds 8 weeksentitlement.
17.6 20.6 Payment for annual Annual Leave Annual leave shall will be made at paid using either:
(i) the relevant minimum employee’s ordinary rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on 20% of that rate rate; or
(ii) the employee’s rostered earnings for the period of payannual leave which includes all rostered overtime and rostered public holidays (but does not include shift allowances other than for shiftworkers); whichever is the greater.
17.7 20.7 Employees on annual leave will be paid on the same date as all other Employees.
20.8 To the extent permitted by the Act, the Employee may elect, with the agreement of the Company, to cash out accrued annual leave at the rate that would have been payable had the annual leave been taken. Annual leave cannot be cashed out if the cashing out results in the Employee's remaining accrued entitlement to paid annual leave being less than four (4) weeks. Each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and employee.
20.9 Annual Leave will be granted unless in the opinion of the Company the operations will be adversely affected by the granting of Annual Leave at that time requested.
20.10 The Company may allow require an Employee to take a period of annual leave to be taken by an employee before under particular circumstances, but only where the right thereto has accrued duerequirement is reasonable.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee (a) Employee’s entitlement to leave
(i) Employees shall be entitled to four weeks 4 weeks’ annual leave in respect of any 12 months service.
(ii) Such annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
(b) Employee taken to not be on paid annual leave at certain times
(i) If the period during which an employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.
(ii) Where other periods of leave occur (other than unpaid parental leave), or a period of absence from employment for community service leave, the employee is taken not to be on paid annual leave for each twelve months’ service with the Companyperiod of that other leave or absence.
(c) Effect of termination on annual leave
(i) An employee who leaves or is dismissed before completing a full qualifying twelve-month period shall, exclusive in lieu of public holidays. Annual leave accumulates monthly on annual leave, receive a pro rata basispayment based on the amount payable for the leave prescribed herein for a full twelve months continuous service, and the period actually served, and shall include leave loading.
17.2 (ii) The annual leave entitlement for each part time employee loading payable on termination shall be calculated pro rata according a loading equal to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter 17.5% of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment wage pursuant to Appendix 1 for annual leave shall be made his or her normal weekly number of hours calculated at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of ordinary pay.
17.7 The Company (d) Payment for leave Employees shall receive their ordinary pay during all periods of annual leave. Employees may allow annual request that before going on leave, such leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly paid in advance, until an entitlement accrues due and otherwise the loading is then payable leave will be paid in respect of the normal pay fortnights for the period of such leave leave. Provided that ordinary pay for the purposes of this Clause 25(d) shall, in addition to ordinary pay, include:
(i) either
(1) over agreement payments for ordinary hours of work;
(2) shift work premiums, according to roster or projected roster;
(3) Saturday and is Sunday premiums, according to roster or projected roster; and
(4) in-charge allowances; or
(ii) a loading equal to 17.5% of the Employee’s wage pursuant to Appendix 1 for his or her normal weekly number of hours calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing ordinary pay whichever is the higher.
(e) Seven day shift workers For the purposes of the entitlement.
17.9 Where additional weeks’ annual leave has been granted to an employee before provided by the leave has accrued dueNES for shiftworkers, the Company may deduct following shall apply:
(i) A shift worker who during the balance of the payment to the employee for that leave period from whatever remuneration is payable to him year in which his or her upon the cessation of employment.annual leave accrues is rostered to work for four hours or more on 10 or more weekends in that year; and/or
17.10 An employee whose employment (ii) A shift worker who is terminated by the Company or who lawfully leaves the employment regularly rostered to work Sundays and public holidays shall be entitled to one week’s (seven consecutive days) annual leave in addition to the leave prescribed in clause 25(a).
(f) Time of taking leave
(i) Paid annual leave may be taken for a pro rata payment calculated on his period agreed between the employee and employer. The employer will not unreasonably refuse to agree to a request by the employee to take paid annual leave.
(ii) Where an employee has accrued more than 10 weeks’ paid annual leave (or her relevant minimum rate 12 weeks’ paid annual leave for shiftworkers (as defined at clause 25(e)) such employee has an excessive leave accrual (Excess Leave).
(1) In the circumstances of Excess Leave, the Employer may direct the employee to take a period of annual leave (Direction) by giving not less than 8 weeks and not more than 12 months’ notice to the employee (Notice), subject to the following:
(A) the Employee will first be given a reasonable opportunity to submit a plan to reduce their total annual leave accrued balance to not more than six weeks within a period of six months (leave reduction plan);
(B) the Employer will not unreasonably refuse to agree to an Employee’s annual leave reduction plan which includes saving leave for an extended vacation within 12 months of the date of agreement to the leave reduction plan. The agreement is to be in writing and signed by both the Employer and Employee.
(C) the Direction cannot result in the Employee being directed to reduce the accrued leave to less than six weeks.
(g) Pay in lieu of an amount of annual leave
(i) Upon receipt of a written request by an Employee, the Employer may authorise the Employee to receive pay in lieu of an amount of annual leave.
(1) Paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and
(2) Where an Employee forgoes an entitlement to take an amount of annual leave, the employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone.
(3) Where an Employee forgoes an entitlement to take an amount of annual leave, the Employer will give the Employee the amount of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the Employee is entitled to receive in lieu of the amount of annual leave, plus leave loading in clause 17.6 shall only that would otherwise have been payable within two weeks of the request being made.
(4) Superannuation guarantee contributions will be paid in respect relation to the amount of paid out annual leave and annual leave loading for employees who have been employed for which payment is received in lieu.
(5) Any agreement reached between the Employee and Employer in relation to the cashing out of annual leave must be recorded in writing. Each cashing out agreement must be subject to a minimum 12 months with the Companyseparate written agreement.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be 12.1 Full time employees are entitled to four 4 weeks annual leave for each twelve months’ service with the Company, exclusive of public holidaysper 12 months continuous service. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part Part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be employees are entitled to a pro rata payment calculated entitlement based on his or her relevant minimum the average number of ordinary hours worked per week.
12.2 An Employee’s entitlement to annual leave accrues on the basis of the rate of pay in clause 19 – Minimum wages1/13 of the number of ordinary hours worked during each 4 week period of continuous service. Annual leave is credited on a monthly basis.
12.3 Annual leave does not accrue during any period of unpaid leave or unpaid absences greater than 20 consecutive working days.
12.4 Annual leave can be taken by employees requesting to take some or all of the annual leave which has been credited to them subject to authorisation by the City. The City will not unreasonably refuse a request to take annual leave credited to an Employee, for however authorisation is subject to the period operational requirements of the workplace.
12.5 An Employee before going on leave shall be paid the ordinary salary they would have received in respect of which the ordinary time they would have worked had they not been on leave during the relevant period.
12.6 During a period of annual leave has not been takenan Employee shall receive a loading of 17.5% or the appropriate shift loading, provided that whichever is the loading in clause 17.6 greater, calculated on the rate of ordinary salary prescribed by this Agreement.
12.7 An Employee shall only be paid in respect of paid out entitled to additional annual leave for employees who have been employed for a minimum after the completion of 12 months with service if they are required to work in a section of the CompanyCity where:
12.7.1 Shifts are continuously rostered 24 hours a day for 7 days a week; and
12.7.2 The Employee is regularly rostered to work these shifts; and
12.7.3 The Employee regularly works on Sundays and Public Holidays; The additional annual leave shall accrue on the basis of 1/52 of the Employee’s ordinary hours worked as a shift worker throughout the 12 month period. For an Employee working on the basis of a 38 hour week the additional annual leave shall be 38 hours. The additional leave is only available to be taken by the Employee after 12 months service.
12.8 Women’s Refuge employees and Security Patrol Officers who are required to work ordinary hours after 6.00pm and on Saturday and Sunday shall be entitled to 5 additional days leave.
Appears in 1 contract
Annual Leave. 17.1 An 14.1 Each employee is entitled to four week’s leave after every 12 months of continuous service.
14.2 Leave accrues pro rata on a weekly basis.
14.3 If any public holiday falls within an employee's period of annual leave and is on a day that the employee would have been working, a day shall be added to the leave for each public holiday during that period.
14.4 Any time an employee is absent from work on unpaid leave will not count towards accumulating annual leave and long service leave entitlements.
14.5 In addition to payment for annual leave an employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus paid a loading of 17.5 per cent percent calculated on that rate of payhis/her ordinary wage for four weeks.
17.7 14.6 The Company loading shall not apply to incomplete years of service upon termination.
14.7 Any leave accrued and not taken by the employee prior to termination shall be paid in lieu, unless the employee has been justifiably dismissed for misconduct, and the misconduct for which he/she had been dismissed occurred prior to the completion of that qualifying period.
14.8 With the consent of the employer and the employee, annual leave may be taken in more than one period of leave.
14.9 No employee shall be required to proceed on annual leave unless at least two weeks’ prior notice is given. The employer shall, as far as practicable, allow annual leave to suit the convenience of the employee, with the exception of Guaranteed Hours Trainers and Part- Time Assistant Trainers who will be required to take two weeks annual leave entitlement during the Christmas/New Year close down period.
14.10 At the request of the employee, and with the consent of the employer, annual leave may be taken by before the completion of 12 months continuous service.
14.11 On termination, if an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual taken more leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued duethan they have accrued, the Company employee shall be liable to pay the amount representing the difference including any leave loading paid. The employer may deduct the balance of the payment this amount from monies due to the employee for that leave period from whatever remuneration is payable to him or her upon at the cessation time of employmenttermination.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be 14.12 Part time employees are entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been takenon a pro-rata basis. Where a part-time employee is required to work in excess of their ordinary hours (as stipulated in their contract), provided that the loading in clause 17.6 employee shall only be paid in respect of paid out have their annual leave entitlement adjusted according to the additional hours worked up to 37.5 hours in each week.
14.12.1 The calculation for employees who have been employed for a minimum this additional entitlement will be calculated as at the 30th of June each year and be based on the average hours worked in excess of an employee's ordinary hours in the preceding 12 months with the Companymonths.
14.12.2 Additional hours calculations will include preparation and maintenance time, where appropriate.
14.12.3 The additional annual leave entitlement will attract annual leave loading up to 37.5 hours per week.
Appears in 1 contract
Samples: Collective Workplace Agreement
Annual Leave. 17.1 An employee shall be 8.1 Full-time and part-time employees are entitled to annual leave in accordance with this clause and the National Employment Standards.
8.2 For each year of completed service with the Company employees are entitled to four weeks of paid annual leave for each twelve months’ service with the Company, exclusive of public holidays. leave.
8.3 Annual leave accumulates monthly accrues on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata continuing basis according to the ordinary hours he worked but does not accrue during any period of unauthorised absence, unpaid leave or she actually worksunpaid authorised absence (other than community service leave or period of stand down) or during a period where an employee is absent from work and receiving workers compensation payments.
17.3 The 8.4 Any untaken leave in one year cumulates to the next year. Untaken annual leave is paid out on termination.
8.5 Annual leave is paid at the employee’s base rate of pay for the employee’s ordinary hours of work in the period. Annual leave will be paid at the time payment is made in the normal course of giving and taking the employment, unless the employee requests to be paid before leave commences.
8.6 Employees are not entitled to annual leave loading, which has been incorporated into the minimum rates of pay.
8.7 Where an employee is entitled to a public holiday, or other period of leave under the NES (other than unpaid parental leave), which falls during a period of annual leave that day (or part day) shall not be considered to be part of the period of annual leave.
8.8 Annual leave may be taken by mutual arrangement agreement between the employee and the Company, provided that it will not unreasonably refuse a request to take accrued annual leave. When requesting to take annual leave employees should provide a minimum of two weeks notice prior to the intended start date. Unless otherwise agreed between the Company and the employee concernedemployee, annual leave should be taken within 12 months of it accruing.
17.4 The 8.9 Notwithstanding the above, the Company may direct an employee at a mutually agreeable time to take:
a) up to a third of their accrued annual leave entitlement where the employee has accrued more than six weeks annual leave;
b) leave where it shuts down all or part of the business to a maximum of three days provided that if an employee does not have sufficient accrued leave he/she may be required to take annual leave during any shut down, including any in advance or leave without pay where such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut downrequirement is reasonable.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee 27.1 Full-time and part-time employees, not being shift workers, shall be entitled to four weeks paid annual leave at the completion of each twelve months continuous service with his/her employer. Annual leave is in addition to all other leave specified in this award and shall be exclusive of any public holidays falling within the annual leave period.
27.1.1 Each week of annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part part-time employee shall be calculated pro rata according to on the average weekly ordinary hours he or she actually worksfor the twelve months over which the leave accrued.
17.3 The time 27.2 An employee who works shift work during a full year of giving and taking of employment, shall be entitled to five weeks paid annual leave.
27.3 An employee on leave shall be paid at the ordinary base rate, as per clause 14.6, for the hours he/she would have received had they not been on leave during the relevant period.
27.4 Should an employee not complete twelve months service, he/she shall on the termination of his/her employment, be entitled to receive payment in lieu of annual leave on a pro rata basis for each completed month of service at the appropriate rate of wage prescribed by mutual arrangement between 27.3 in respect of leave which has not been granted under this clause.
27.5 Annual leave shall be taken at a time mutually agreed upon by the Company employer and the employee concernedemployee, or in the absence of agreement at a time fixed by the employer within a period not exceeding six months from the due date of entitlement to annual leave and after no less than six weeks of notice to the employee.
17.4 The Company may direct 27.6 Payment in lieu of annual leave shall not be made by an employer nor accepted by an employee except in accordance with all the requirements of this clause. An employee shall not offer his/her services to take any other employer during the period he/she is on paid annual leave during any shut downand an employer shall not engage an employee who is on paid annual leave.
27.7 Where an employer normally pays wages by direct transfer into employees’ accounts, including any such shut down over the Christmas and New Year period, provided the an employee has an accrued will have their annual leave balance that will at least cover entitlements paid into their account on the normal pay day or days which occur during the period of the shut downannual leave.
17.5 The Company may direct 27.8 Before an employee to take up to a quarter of his or her total accrued proceeds on annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave they can request to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement paid all monies due to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable them in respect of the annual leave being taken, or which may accrue to them during the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementleave.
17.9 Where leave has been granted to an employee before 27.9 Notwithstanding the leave has accrued due, the Company may deduct the balance provisions of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wagesthis clause, for the period in respect purposes of which this award the quantum of annual leave has to which an employee is entitled shall not been taken, provided be less than that to which an employee is entitled under the loading in clause 17.6 shall only be paid in respect provisions of paid out annual leave for employees who have been employed for a minimum 12 months with the CompanyA.C.T. Annual Holidays Act 1973 as amended.
Appears in 1 contract
Samples: Employee Collective Agreement
Annual Leave. 17.1 An employee shall be 7.2.1 In accordance with the NES, Full-time and Part-time employees are entitled to four weeks weeks' annual leave per year of employment.
7.2.2 Continuous Shift Workers are entitled to an additional week of annual leave per year of employment. The Company acknowledges that Traffic Control Room Operators are Continuous Shift Workers as at the time of making this Agreement. Further, and to avoid doubt:
(a) an Employee who meets the definition of a Continuous Shift Worker under clause 41.3 of the Manufacturing and Associated Industries and Occupations Award 2010, clause 19.3 of the Professional Employees Award or clause 23.2 of the Miscellaneous Award 2010, is considered a Continuous Shift Work for each twelve months’ service the purposes of this Agreement and is therefore entitled to an additional week’s annual leave under this clause 7.2.2; and
(b) other than Part B employees, Employees who are Continuous Shift Workers will be paid an annualised salary which ensures they receive, on an annual basis, more remuneration than they would have received had they been paid in accordance with the Companyrelevant modern award including any shift, exclusive of weekend and public holidays. Annual leave accumulates monthly on a pro rata basisholiday penalties under the applicable modern employment award that covers their .
17.2 7.2.3 The annual leave entitlement for each part time employee shall be calculated pro rata according Employer and Employees agree that they will work together to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee ensure, where possible that Employees are able to take annual leave during any shut downat a mutually convenient time. The taking of annual leave, including any such shut down over the Christmas direction to take annual leave, shall be in accordance with the Fair Work Xxx 0000.
7.2.4 Employees recognise that annual leave should generally be taken as it accrues. Where an Employee accrues excessive annual leave of eight weeks or more, leave must be taken as determined by the Employer in consultation with the Employee. Where after consultation the Employer and New Year periodEmployee cannot agree, provided the employee has an Employer may require the Employee to take excessive accrued annual leave balance that will at least cover by the period giving of the shut down.
17.5 no less than 4 weeks’ notice. The Company may direct Employer cannot require an employee Employee to take up to a quarter of his or her total accrued Transurban Queensland Enterprise Agreement 202017 13 more annual leave than would result in the Employee's accrued entitlement if the employee’s accrued to annual leave entitlement exceeds 8 falling below 4 weeks.
17.6 Payment for annual leave shall be made 7.2.5 The Employer may agree (at the relevant minimum rate of pay in clause 19 – Minimum wages, plus its absolute discretion) to a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken request by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement Employee to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid cash out annual leave for employees who have been employed for a minimum 12 months with if:
(a) the CompanyEmployee's request and the Employer's agreement are in writing; and
(b) the Employee's accrued entitlement to annual leave will be at least four weeks after the cash out.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be 13.1 The School holiday year runs from 1 September to 31 August (the
13.2 Full time employees are entitled to four weeks annual leave for each twelve months’ service with as detailed below, which excludes the Company, exclusive of public holidayseight Bank/Public Holidays currently recognised in England and Wales. Annual leave accumulates monthly 4 to21 24 days 22 to 25 26 days 26 to34 27 days 35 to 54 29 days Part-time employees are entitled to the above on a pro rata basisbasis based on the hours he/she works. Where the School is closed on a Bank/Public Holiday and the part-time employee has exhausted his/her pro-rated annual Bank/Public Holiday entitlement, the Employee will be required to apply and take leave from his/her remaining annual entitlement on that day.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to 13.3 Once the ordinary hours he or Employee has achieved five years continuous service, he/she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a further five days annual leave in addition to the entitlement shown in clause 13.2. Part-time employees are entitled to the above on a pro rata payment basis based on the hours he/she works.
13.4 During the first Holiday Year of employment, annual holiday entitlement accrues at the rate of one twelfth of the Employee’s full annual leave entitlement, on the 1st of each month, in advance, and is deemed to be taken as accrued on the first available days of the next School Closure Period. During subsequent Holiday Years, the full annual leave entitlement is available to be taken from 1 September and is deemed to be taken on the first available day of the next School Closure Period.
13.5 The Employee will not be permitted to take annual leave at any time during the Normal Working Weeks. As you are working less than 52 weeks per year, you will not be entitled to take your annual leave during the school term time, but will be paid a sum in lieu of holiday entitlement. Your annual salary has therefore been calculated on his or the basis of [NUMBER] weeks per year, to be paid in 12 equal monthly payments
13.6 If an Employee takes unauthorised annual holiday, he/she will be subject to disciplinary action up to and including summary dismissal in accordance with the School’s Disciplinary Policy and Procedure.
13.7 The Employee will be paid at the hourly rate equivalent of his/her relevant minimum basic rate of pay in clause 19 – Minimum wages, for the period salary in respect of which periods of annual holiday. Any overtime worked by the Employee does not count towards and is excluded from calculations of annual holiday.
13.8 On termination of the Employee’s employment, he/she will be entitled to any outstanding holiday pay due for annual holiday accrued but not taken as at the date of termination of employment.
13.9 If on termination of employment, the Employee has taken more annual holiday than he/she has accrued in that Holiday Year as at the date of termination of employment, an appropriate deduction will be made from the Employee’s final pay. In signing this Agreement the Employee consents to the School making deductions from his/her salary for this purpose.
13.10 Employees are not permitted to carry over accrued annual holiday from one Holiday Year to the next save in exceptional circumstances and with the prior written consent of the Headteacher.
13.11 If the Employee is ill during a period of authorised annual holiday, provided he/she follows the normal sickness absence notification and certification procedures as set out in the School’s Sickness Absence Policy and Procedure on the relevant days of sickness, the Employee may make a request to the School to take the days of annual leave has not been taken, provided that during which the loading in clause 17.6 shall only be paid in respect of paid out Employee was sick as annual leave for employees who have been employed for days at a minimum 12 months with subsequent and mutually agreed time later in the CompanyHoliday Year.
13.12 The School may require the Employee to take all or part of any outstanding holiday entitlement during a period of notice to terminate employment.
Appears in 1 contract
Samples: Employment Agreement
Annual Leave. 17.1 An A full-time permanent employee shall be is entitled to four 4-weeks paid annual leave for each twelve months’ service with completed year of service, up to 2 weeks of which may be cashed out at the Companywritten election of the employee. A part-time permanent employee is entitled to pro-rate of 4-weeks paid annual leave for each completed year of service, exclusive up to 2 weeks of public holidayswhich may be cashed out at the written election of the employee. The calculation of the actual amount of annual leave will be determined based on the actual number of hours the employee works per week. The pay rate for annual leave is the employee's ordinary base rate at the time the annual leave is taken, plus a 17.5% Annual Leave Loading. Annual leave accumulates monthly on must be taken at a pro rata basis.
17.2 time mutually agreed by the employer with a minimum notice period of 2-weeks given. The annual leave entitlement for each part time employee shall is cumulative, i.e. unused balances carry over from year to year. Annual leave should be calculated pro rata according to taken within 12-months of the ordinary hours he or she actually works.
17.3 The time entitlement; a maximum accrual of giving and taking of 8 weeks applies. If the leave shall be by mutual arrangement between is not taken within 12-months, the Company and the employee concerned.
17.4 The Company employer may direct an the employee to take leave giving one month's notice. Employees with Annual Leave balances greater than those stipulated by Clause 31.6, 31.7 & 31.8 of the Building and Construction General On-site Award [MA000020] will be consulted on how to reduce those balances. Any agreement to cash out annual leave during any shut downwill be in accordance with the Fair Work Act 2009 – Section 93, including any such shut down over specifically:
(a) Paid annual leave must not be cashed out if the Christmas cashing out would result in the employee's remaining accrued entitlement to paid annual leave being less than 4 weeks; and
(b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and New Year period, provided the employee; and
(c) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone. If an eligible employee leaves their employment, or is dismissed for any reason, they will receive on termination, a payment in lieu of any accrued annual leave, which will include any applicable leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wagesloading applied, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for as though the period in respect of which annual employee had taken the leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyemployee has forgone.
Appears in 1 contract
Samples: Multi Enterprise Agreement
Annual Leave. 17.1 An 18.1. The Employee will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until the Employee has completed 12 months of continuous service, except where the Company agrees to allow the Employee to take Annual Leave in advance of this.
18.2. Payment for Annual Leave will be made at the rate of an Employee’s Base Weekly Agreement rate plus 21.3%.Leave Loading.
18.2.1. The Leave Loading has been calculated on the employee doing 70% Local work and 30% Long Distance work.
18.2.2. If an employee is identified as a Permanent Part-Time employee in their Letter of Appointment, the employee is already paid in advance for their Annual Leave and Leave Loading entitlements as part of the Holiday Loading set out in clause 9.3.
18.3. The employee shall be entitled paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service and that they were not dismissed as a result of their behaviour or performance before completing 12 months continuous service. Leave Loading is not payable on unused Annual Leave entitlements when they are paid out at the end of the employees’ employment.
18.4. The Employee must, subject to four weeks annual leave for the Act, take at least half of their Annual Leave accrual each twelve months’ service with year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the Annual Leave that they accrue in any one year, subject to the Company’s agreement. The maximum amount of Annual Leave that can be cashed-out in any one year is two weeks for a full-time employee. Cashed-out Annual Leave will be paid at the Annual Leave rate of pay applicable at the time that the Employee makes the election to cash-out that amount of Annual Leave. If the Employee chooses to cash-out some Annual Leave under this Clause, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall this payment will be calculated pro rata according made to the ordinary hours he or she actually works.
17.3 The Employee within a reasonable time of giving and taking of leave shall be by mutual arrangement that is agreed between the Company and the employee concernedEmployee at the time that the Employee makes the election to cash-out that amount of Annual Leave.
17.4 The Company 18.4.1. A Permanent Part-time employee may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year ‘cash out’ Annual Leave under this clause so they can do paid work for that period, provided but they would already have been paid for that Annual Leave and Leave Loading through the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay Holiday Loading set out in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to 9.3 and therefore shall not be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable paid additionally in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement‘cashed out’ leave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the 18.5. The Company may deduct require the balance Employee to take some or all of their accrued Annual Leave, in accordance with the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated Act, as and when nominated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with Company gives the CompanyEmployee at least 14 days notice.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. 17.1 An employee shall be 21.1 Employees are entitled to four (4) weeks annual leave for each twelve months’ (12) months completed service in accordance with this clause 21.
21.2 Subject to this clause 21, each Employee's entitlement to annual leave accrues on the Company, exclusive basis of public holidays. 1/13 of the number of Nominal Hours Worked during each fortnight.
21.3 Each fortnight the Employer will credit to an Employee the amount (if any) of annual leave accrued by the Employee under clause 21.2 since the Employer last credited to the employee an amount of annual leave accrued under that clause.
21.4 Annual leave accumulates monthly on a pro rata basisdoes not accrue during any period of unpaid leave.
17.2 The 21.5 Employees may take accrued annual leave entitlement for each part time employee shall be calculated pro rata according either:
(a) by the Employee requesting to take some or all annual leave which has been credited to them, subject to authorisation by the ordinary hours he or she actually worksEmployer; or
(b) the Employer directing the Employee to take accrued annual leave by giving a minimum of two (2) weeks' notice.
17.3 The time of giving and taking of 21.6 FIFO Cycle Employees may only take annual leave shall be by mutual arrangement between the Company and the employee concernedFIFO cycles.
17.4 21.7 The Company may direct an employee Employer will not unreasonably refuse a request to take annual leave during any shut down, including any such shut down over credited to an Employee however authorisation is subject to the Christmas and New Year period, provided operational requirements of the employee has an accrued workplace.
21.8 Any untaken annual leave balance that will at least cover in one year accumulates to the next year.
21.9 Each twelve month period Employees may cash out up to two (2) weeks' annual leave by written agreement with the Employer.
21.10 Subject to clause 21.11 shift workers are also entitled to accrue an additional amount of paid annual leave, for each completed 12 month period of continuous service with an employer, of 1/52 of the shut downnumber of Nominal Hours Worked by the employee, for the Employer, as a shift worker during that 12 month period.
17.5 The Company may direct 21.11 For the purposes of clause 21.10 shift worker means an employee who:
(a) is employed in a business unit in which shifts are continuously rostered twenty (24) hours a day for seven (7) days a week; and
(b) is regularly rostered to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weekswork those shifts; and
(c) regularly works on Sundays and public holidays.
17.6 Payment 21.12 For Basic Rate System Employees, payment for annual leave shall will be made at the relevant minimum rate Basic Rate of pay Pay applicable at the time the personal/carer's leave was taken in clause 19 – Minimum wages, plus a addition to annual leave loading calculated at 17.5% of 17.5 per cent on that rate the applicable Basic Rate of payPay.
17.7 The Company may allow 21.13 For Composite Rate System Employees, payment for annual leave to will be taken by an employee before the right thereto has accrued duemade in accordance with clause 25.2.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Employment Agreement
Annual Leave. 17.1 An Amount – full time employees
12.1 If you are a full time employee shall you will be entitled to four weeks annual 20 days paid leave for in respect of each twelve months’ service with completed 12 months continuous service. Annual leave shall be taken at a time determined by mutual agreement between you and the CompanyGMHC subject to the provisions of Clause 12.5.
12.2 If you are a part time employee you will be entitled to 20 days leave after each completed 12 months continuous service. You will be paid pro rata based on the number of ordinary hours worked each week, provided that the pro rata calculation will be according to the average of your weekly ordinary hours worked over the qualifying period if those actually worked vary from week to week.
12.3 Annual leave as provided by clause 12.1 is exclusive of public holidaysholidays provided for in clause 22 of this Agreement. Annual If a public holiday falls during a period in which you are taking annual leave accumulates monthly on a pro rata basisyou may either extend you leave by the length of the public holiday or apply to have you annual leave credited for the required time.
17.2 The 12.4 If you are ill or suffer an injury whilst you are on annual leave entitlement you may have your annual leave recredited and your sick leave debited for each part time employee shall be calculated pro rata according the relevant period subject to the ordinary hours he or she actually works.
17.3 The time provision of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover a medical certificate covering the period of the shut downillness or injury.
17.5 12.5 The Company GMHC recognise the benefits to you of utilising annual leave on a regular basis and will, wherever practicable, encourage leave to be taken as it accrues and avoid accumulation of leave. Consistent with this objective the GMHC may direct an employee require you to take up leave so as to a quarter of his or her total accrued annual ensure that leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeksaccrual does not exceed 20 days.
17.6 Payment for annual 12.6 Annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow will apply to annual leave to be taken by an employee before always providing that the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then maximum allowance payable in respect of any one year’s service does not exceed the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing equivalent of the entitlement.
17.9 Where leave has been granted to an employee before Australian Statistician’s average weekly earnings per male employed unit for the September quarter of the year preceding the year in which the leave has accrued falls due, the Company may deduct the balance . The loading will apply to pro rata leave on termination except where such termination is made for serious misconduct in accordance with clause 6.6. If your regular pattern of work includes ordinary hours on a weekend you will be entitled whilst on annual leave to receive an average of the payment to penalty payments you would have received had you been working in lieu of the employee leave loading provided for in Clause 12.6. Provided that leave period from whatever remuneration is where the average penalty payments are less than the amount which would be payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall under clause 12.6 you will be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyhigher amount.
Appears in 1 contract
Samples: Employment Agreement
Annual Leave. 17.1 29.1 An employee Employee, other than a casual Employee, shall be entitled to four weeks annual leave for each twelve months’ service with upon· completion of 12 months continuous service. ·
29.2 Should the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according employment cease prior to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee completing 12 months service, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment Employee shall be entitled to a pro rata payment portion of four weeks determined by the length of service as against 12 months.
29.3 A leave loading of 17.5% is payable on annual leave calculated on his or her relevant minimum an Employee’s normal rate of salary for a maximum of four weeks’ annual leave shall be paid to Employees on the first pay period in December in the calendar year in which the leave accrues. ·
29.4 The maximum payment for the loading provided for in clause 19 – Minimum wages29.1 shall not exceed a rate equivalent to 17.5% of four weeks' salary of a level 8.1 Employee as per Schedule 2 - General Division Salaries of the Public Service and Government Officers CSA General Agreement 2017, for or its replacement, as at 1 January in the period . calendar year in respect which the leave accrues.
29.5 The leave loading to be paid to Employees who are in the service of which the Employer prior to or engaged after 1 January each year shall be the leave loading anticipated to be due on 31 December of that year.
29.6 Part time Employees shall be paid a proportion of the annual leave has not been takenloading at the salary rate applicable, provided that the maximum loading payable shall be calculated in accordance with the following:
(a) The loading is calculated on the rate or the normal fortnightly salary, including any allowances which are paid as a regular fortnightly or annual amount.
(b) Any allowance paid to an Employee for undertaking higher duties is only included if the allowance is payable during any period of leave taken during the calendar year as provided under clause 18 – Higher Duties Allowance of this Agreement
29.8 An Employee must refund any leave loading paid in December if the Employee resigns, or ceases employment, or where the Employee is dismissed prior to 31 December of that year. This provision does not apply in the event of death of an Employee or if the Employee retires.
29.9 Where payment in lieu of accrued or pro rata annual leave is made on the death or retirement of an Employee, a loading calculated in accordance with the terms of this clause is to be paid on accrued and pro rata annual leave.
29.10 An Employee may accrue annual leave up to a maximum equivalent to two years entitlement. At that time an employee must take at least such annual leave to ensure that the Employee at no time has in excess of two years annual leave entitlement. Provided that more than two years annual leave entitlement may be accrued by agreement between the parties.
29.11 An Employee shall endeavour to give eight weeks' notice of commencement of annual leave, unless otherwise agreed between the Employee and VenuesWest.
29.12 Annual leave shall be taken at a time mutually agreed by VenuesWest and the Employee.
29.13 Annual leave shall be given and taken in consecutive weeks or in lesser periods if VenuesWest and the Employee so agree.
29.14 Employees must take a minimum of two weeks annual leave during each period of 12 months commencing from operation of this Agreement, unless approval is granted by VenuesWest to carry leave over.
29.15 Where an Employee's employment terminates and the Employee has become entitled to annual leave, VenuesWest shall pay to the Employee, in addition to all other amounts due to the Employee, the wages for the period of leave due plus leave loading as set out in clause 17.6 shall only be paid in respect of paid out 29.1.
29.16 The process for rostering annual leave will be as detailed below:
(a) Where possible annual leave will be taken at times mutually agreed between the Employer and the Employee and subject to operational requirements.
(b) To assist operational requirements a roster for employees who have been employed leave will be developed at the beginning of each year. Employees will be able to make an application for leave detailing dates required for such leave and must submit it two weeks prior to the end of the year for the ensuing year. All leave requests will attempt to be accommodated, however applications for dates will be treated on a minimum 12 months first come first served basis. The Employer will then post a roster annually showing the names of the Employees, and the dates on which leave is to be taken.
(c) The Employer may require Employees to take leave at times other than set out in clause 29.16(b) above, subject to agreement with the CompanyEmployee concerned.
(d) Should an Employee need to alter their rostered leave, they shall notify the Employer at least four weeks in advance and subject to operational requirements such leave will be granted.
Appears in 1 contract
Samples: General Agreement
Annual Leave. 17.1 a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work any time on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) An Employee is terminated by required to give one weeks’ notice of a request to take well-being leave. The Company cannot refuse a request for an Employee to take well-being leave.
(v) On termination the Company or who lawfully leaves the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate an Employee.
(vi) Accruals for Well-being leave will commence from 1/5/2023.
(vii) For the purposes of pay in this clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companycalendar year is January through to December.
Appears in 1 contract
Samples: Construction Agreement
Annual Leave. 17.1 An employee 9.1 Full-time employees are entitled to 20 days’ paid annual leave per annum. The leave accrues on a pro-rata basis after each 4-week period of continuous service and is cumulative.
9.2 Part-time employees are entitled to paid annual leave on a pro-rata basis.
9.3 Annual leave is paid at your ordinary rate of pay. During a period of annual leave you shall receive a payment of 17.5% annual leave loading based on your ordinary rate of pay. This loading shall not apply to proportionate annual leave paid out on the termination of your employment or to any period of leave that you elect to cash in under clause 9.8 below.
9.4 Where your employment terminates you shall be entitled to four weeks be paid any untaken accrued annual leave for each twelve months’ service with that has been credited to you.
9.5 Annual leave can be taken:
a) by you requesting to take some or all of the annual leave which has been credited to you, subject to authorisation by the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee will not unreasonably refuse a request to take annual leave during any shut downcredited to you, including any such shut down over however, authorisation is subject to the Christmas and New Year period, provided operational requirements of the employee has an workplace;
b) by the Company directing you to take accrued annual leave balance that will by giving a minimum of 2 weeks notice.
9.6 When requesting to take annual leave you must provide the Company at least cover two weeks notice before you wish to commence leave, provided that annual leave will not be normally be granted during stock take. Generally your annual leave is to be taken no later than 12 months after it accrues.
9.7 Where the period Company shuts down all or any part of the shut downbusiness you may be required to take accrued annual leave. If you do not have any annual leave accrued you will be required to take leave without pay.
17.5 The Company 9.8 You may direct an employee to take cash out up to a quarter two weeks of his or her total accrued annual leave entitlement if the employee’s accrued per annum. If you want to cash in your annual leave entitlement exceeds 8 weeksyou must give the Company written notice of your intention and the Company must approve this request.
17.6 Payment for 9.9 If you elect to cash out a period of annual leave, you will receive pay in lieu of the amount of annual leave shall be made at the relevant minimum ordinary rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable applicable at the accruing time of the entitlementgiving notice.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Employee Collective Agreement
Annual Leave. 17.1 An employee Section 16.1 Employer agrees that Employees of the bargaining unit shall be entitled to four weeks earn paid annual leave for each twelve months’ service with the Company, exclusive of public holidaysas follows: No.Yrs. Service 7 Day Work Period 40 hour Employees Mo.Accrual/Annual leave accumulates monthly on 27 Day Work Period 24 hour shift Employees Mo.Accrual/Annual Less than 6 9.67 hrs/116 hrs 24 hrs/12 shifts 6 through 15 12.67 hrs/152 hrs 28 hrs/14 shifts 16 through 24 17.34 hrs/208 hrs 34 hrs/17 shifts 25 and over 19.00 hrs/228 hrs 36 hrs/18 shifts
Section 16.2 For Employees who work a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year 27 day work period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for 24 hour shift schedule, annual leave shall be made granted in consideration of both vacation leave and for those holidays defined in Article 17 of this Agreement.
Section 16.3 Employees who work the 27 day work period, 24 hour shift schedule, may accrue annual leave up to thirty-six (36) times their current monthly accrual rate at the relevant minimum rate time of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow scheduling annual leave for the following year and shall not have more than thirty-six (36) times their monthly accrual rate on December 31st each year. This shall be done in such a manner that it will be possible for an Employee to be taken by an employee before actually have forty-eight (48) times his/her monthly accrual rate unexpended until such time the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual scheduled leave is taken wholly or partly by the Employee during the current year. However, under no circumstances will more than twenty-four (24) times the monthly accrual rate be paid upon separation from the Tulsa Fire Department as provided for in advanceSection 16.10 of this Article. Annual leave shall be accrued on a completed calendar month basis.
Section 16.4 Employees who work the 7 day work period, until an entitlement accrues due and the loading is then payable in respect of the period of such 40 hour work schedule, may accrue annual leave and is calculated on the relevant minimum up to forty-six (46) times their current monthly accrual rate of pay in clause 19 – Minimum wages, payable at the accruing time of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out scheduling annual leave for employees who the following year and shall not have been employed more than forty-six (46) times their monthly accrual rate on December 31st each year. This shall be done in such a manner that it will be possible for a minimum 12 months with an Employee to actually have fifty-eight (58) times his/her monthly accrual rate unexpended until such time the Company.scheduled leave is taken by the Employee during the current year. However, under no circumstances will more than thirty-four (34) times the monthly accrual rate be paid upon separation from the Tulsa Fire Department as provided for in Section
Appears in 1 contract
Samples: Collective Bargaining Agreement
Annual Leave. 17.1 An employee shall (a) All permanent employees will be entitled to four weeks annual leave for each twelve months4weeks’ service paid Annual Leave per year in accordance with the Company, exclusive provisions of public holidays. Annual leave accumulates monthly on a pro rata basisthe Australian Fair Pay and Conditions Standard (as amended) of the Workplace Relations Act.
17.2 The annual leave entitlement (b) Employees must apply for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksAnnual Leave in writing by completing a Leave Request Form.
17.3 The time of giving and taking of leave shall (c) Annual Leave should be by mutual arrangement between taken within a period not exceeding 12 months from the Company and the employee concerneddate it accrues.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company (d) Barbeques Galore may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement their Annual Leave if they have accumulated more than 8 weeks of Annual Leave, on the employee’s accrued annual leave entitlement exceeds 8 giving of 4 weeks’ notice.
17.6 Payment (e) An employee may request, in writing, to have up to 2 weeks of accrued Annual Leave paid out in each calendar year. Barbeques Galore will consider each request on its merits and will determine each request on a case-by-case basis. In order for annual leave shall Annual Leave to be made at cashed out approval must be granted by the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of payRegional Manager and National Human Resources Manager.
17.7 The Company may allow annual leave (f) As a result of Christmas trading demands no Annual Leave is available from 1 November to 31 January although no Annual Leave requests will be unreasonably refused.
(g) Where any Public Holiday for which the permanent employee is entitled to payment occurs during any period of Annual Leave taken by an employee, the period of Annual Leave will be increased by one day in respect of that Public Holiday.
(h) An employee before going on Annual Leave that has become due will be paid the right thereto has accrued due.
17.8 An employee has no entitlement to the payment amount of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable wages they would have received in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementAnnual Leave had they been working.
17.9 Where leave has been granted (i) Any accrued Annual Leave entitlements will be paid to an a permanent employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation termination of employment.
17.10 An employee whose employment is terminated by (j) With effect from the Company or who lawfully leaves commencement of this Agreement, the employment shall value equivalent to 17.5% Annual Leave Loading will be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay included in base salaries contained in clause 19 – Minimum wages, for the period in respect of which 4.2 (b) and there will no longer be any separate Annual Leave Loading entitlement. Any Annual Leave Loading owing on accrued but unpaid annual leave has not been taken, provided that as at the loading in clause 17.6 shall only date of commencement of this Agreement will be cashed out and paid in respect the first pay period after the commencement of paid out annual leave for employees who have been employed for a minimum 12 months with the Companythis Agreement.
Appears in 1 contract
Samples: Employee Collective Agreement
Annual Leave. 17.1 An 17.1.1 All eligible full-time and part-time employees are entitled to annual leave. For each year of service with their Employer, an employee is entitled to 4 weeks of annual leave. The employee shall be entitled to four weeks accrue paid annual leave for each twelve months’ service with the Company, exclusive progressively during a year of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata servic e according to the ordinary employee’s agreed hours he or she actually worksof work, and this shall accumulate from year to year.
17.3 The time of giving and taking of 17.1.2 Any accrued untaken annual leave shall be by mutual arrangement between the Company and the employee concernedpaid out on termination.
17.4 17.1.3 An employee is entitled to take an amount of annual leave during a particular period if:
(a) The Company may direct an amount of annual leave is credited to the employee; and
(b) The employee has provided a minimum of two weeks’ notice; and
(c) The Employer has authorised the employee to take annual leave during that period. This authorisation by the Employer is subject to the operational requirements of the workplace, but the Employer shall not unreasonably refuse or revoke and authorisation.
17.1.4 Employees shall receive an annual leave loading of 17.5% in addition to the entitlements to annual leave contained within this clause.
17.1.5 Paid annual leave must not be cashed out except in accordance with this clause.
(a) An Employer and an Employee may agree to the Employee cashing out a particular amount of the Employee’s accrued paid annual leave provided that the following requirements are met:
(b) each cashing out of a particular amount of accrued paid annual leave must be by a separate agreement between the Employer and the Employee which must:
(i) be in writing and retained as an Employee record;
(ii) state the amount of accrued leave to be cashed out and the payment to be made to the Employee;
(iii) state the date on which the payment is to be made, and
(iv) be signed by the Employer and Employee and, if the Employee is under 18 years of age, the Employees’ parent or guardian;
(c) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave at the time that is cashed out;
(d) paid annual leave must not be cashed out more than two weeks’ accrued annual leave in any shut down, including any such shut 12-month period.
17.1.6 The Employer may close the business down over during the Christmas and – New Year period, provided the employee has an accrued . The Employer may direct employees to take accumulated annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual unpaid leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay during this time in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months accordance with the CompanyRelevant Award.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee Section 16.1 Employer agrees that Employees of the bargaining unit shall be entitled to four weeks earn paid annual leave for each twelve months’ service with the Company, exclusive of public holidaysas follows: No.Yrs. Service 7 Day Work Period 40 hour Employees Mo.Accrual/Annual leave accumulates monthly on 27 Day Work Period 24 hour shift Employees Mo.Accrual/Annual Less than 6 9.67 hrs/116 hrs 23 hrs/11.5 shifts 6 through 15 12.67 hrs/152 hrs 27 hrs/13.5 shifts 16 through 24 17.34 hrs/208 hrs 33 hrs/16.5 shifts 25 and over 19.00 hrs/228 hrs 35 hrs/17.5 shifts
Section 16.2 For Employees who work a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year 27 day work period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for 24 hour shift schedule, annual leave shall be made granted in consideration of both vacation leave and for those holidays defined in Article 17 of this Agreement.
Section 16.3 Employees who work the 27 day work period, 24 hour shift schedule, may accrue annual leave up to thirty-six (36) times their current monthly accrual rate at the relevant minimum rate time of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow scheduling annual leave for the following year and shall not have more than thirty-six (36) times their monthly accrual rate on December 31st each year. This shall be done in such a manner that it will be possible for an Employee to be taken by an employee before actually have forty-eight (48) times his/her monthly accrual rate unexpended until such time the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual scheduled leave is taken wholly or partly by the Employee during the current year. However, under no circumstances will more than twenty-four (24) times the monthly accrual rate be paid upon separation from the Tulsa Fire Department as provided for in advanceSection 16.10 of this Article. Annual leave shall be accrued on a completed calendar month basis.
Section 16.4 Employees who work the 7 day work period, until an entitlement accrues due and the loading is then payable in respect of the period of such 40 hour work schedule, may accrue annual leave and is calculated on the relevant minimum up to forty-six (46) times their current monthly accrual rate of pay in clause 19 – Minimum wages, payable at the accruing time of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out scheduling annual leave for employees the following year and shall not have more than forty-six (46) times their monthly accrual rate on December 31st each year. This shall be done in such a manner that it will be possible for an Employee to actually have fifty-eight (58) times his/her monthly accrual rate unexpended until such time the scheduled leave is taken by the Employee during the current year. However, under no circumstances will more than thirty-four (34) times the monthly accrual rate be paid upon separation from the Tulsa Fire Department as provided for in Section 16.10 of this Article. Annual Leave shall be accrued on a completed calendar month basis.
Section 16.5 The parties agree maximum annual leave accrual amounts established herein shall apply to Employees while on Injury Leave. Employees who have been employed for a minimum 12 months were unable to schedule and/or utilize annual leave due to Injury Leave timeframes shall be allowed to reschedule annual leave with their District Chief with final approval by the CompanyFire Chief or his/her designee.
Section 16.6 New Employees shall be eligible to expend annual leave after completion of six
Appears in 1 contract
Samples: Collective Bargaining Agreement
Annual Leave. 17.1 a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) 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.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment is terminated by employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) On termination or when resigning or at completion of the Company or who lawfully leaves project the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, an Employee.
(v) Accruals for the period in respect of which annual Well-being leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companywill commence upon Lodgement .
Appears in 1 contract
Samples: Union Agreement
Annual Leave. 17.1 An employee shall be 10.1 Full time and part time employees are entitled to four annual leave in accordance with the National Employment Standard (NES).
10.2 In summary the NES provides for:
a) For each year of completed service with the Company employees are entitled to:
(i) 4 weeks of paid annual leave; or
(ii) 5 weeks of paid annual leave for each twelve months’ a seven day shift worker, being a shift worker who is rostered to regularly work on Sundays and public holidays.
b) Annual leave accrues on a weekly basis but does not accrue during any period of unauthorised absence, unpaid leave or unpaid authorised absence (other than community service with leave or period of stand down).
c) Any untaken leave in one year cumulates to the next year. Untaken annual leave is paid out on termination at the amount that the employee would have received had they taken the leave.
d) Where an employee is entitled to a public holiday, or other period of leave under the NES (other than unpaid parental leave), which falls during a period of annual leave that day (or part day) shall not be considered to be part of the period of annual leave.
10.3 Annual leave is paid at the employee’s base rate of pay for the employee’s ordinary hours of work in the period. Annual leave will be paid at the time payment is made in the normal course of the employment, unless the employee requests to be paid before leave commences.
10.4 Employees are not entitled to annual leave loading, which has been incorporated into the minimum rates of pay.
10.5 Annual leave may be taken by agreement between the employee and the Company, exclusive provided that the Company will not unreasonably refuse a request to take accrued annual leave. When requesting to take annual leave employees should provide a minimum of public holidays. Annual leave accumulates monthly on a pro rata basis2 weeks notice prior to the intended start date.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to 10.6 Notwithstanding the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between above, the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.take:
17.5 The Company may direct an employee to take a) up to a quarter of his or her total their accrued annual leave entitlement where the employee has accrued more than 8 weeks annual leave;
b) leave where it shuts down all or part of the business provided that if an employee does not have sufficient accrued leave he/she may be required to take leave without pay;
c) accrued annual leave by giving 2 weeks notice due to the employee’s operational requirements of the Company.
10.7 By written agreement with the Company, an employee may elect to cash out part of his/her accrued annual leave entitlement exceeds 8 weeksin accordance with the NES (which currently provides that the employee must maintain a minimum of 4 weeks accrued leave).
17.6 Payment for annual leave 10.8 The provisions of this clause shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of paynot apply to casual employees.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 21.1 Employees are entitled to annual leave in accordance with and subject to the provisions of the National Employment Standards.
21.2 Employees other than casual employees will be paid leave loading for periods of annual leave at the rate of 17.5% of the employee's base salary for the period of the leave.
21.3 An employee shall may be entitled to four accrue a maximum of eight (8) weeks annual leave for each twelve at any one time. An employee may be entitled to accrue leave in excess of eight (8) weeks if agreed to by the employee and the Chief Executive Officer or their nominee, and the maximum amount of accrual is determined in advance. In the event an employee accrues more than eight (8) weeks of annual leave, the Chief Executive Officer may direct the employee to commence a period of leave with at least one (1) months’ service ' notice.
21.4 Annual leave may not be taken in periods of less than one (1) day unless approved by the Chief Executive Officer or their nominee.
21.5 Accrued annual leave may only be "cashed out" in accordance with the Company, exclusive provisions of public holidays. Annual leave accumulates monthly on a pro rata basis“the Award”.
17.2 The 21.6 Other than as specified at clause 21.4 there is no maximum or minimum limit on the amount of annual leave entitlement for each part time employee shall be calculated pro rata according to that the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company employer may direct authorise an employee to take take, provided that authorisation by the employer will not be withheld unreasonably for an amount of annual leave during credited to an employee.
21.7 By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. If leave is taken in advance and the employment terminates before the entitlement has accrued, the employer may make a corresponding deduction from any money due to the employee on termination.
21.8 Annual shut down, including any such shut down over
(a) An annual shutdown period may occur during the Christmas and New Year period. The annual shut down arises where the employer closes down the business, provided or any part of the business in which the employee has works.
(b) The employer will provide employees with at least one month of notice before an accrued intended annual shutdown period.
(c) During a shutdown period the employee may, at their discretion, take either approved special leave, annual leave balance that will at least or accrued time in lieu. If the employee does not have a sufficient amount of special leave, annual leave or accrued time in lieu to cover the period of shutdown period, the shut down.
17.5 The Company employee may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of without pay.
17.7 (d) The Company may allow annual employer may, at its discretion, decide to grant an additional day or days of leave to be taken by an employee before the right thereto has accrued dueemployees during this period.
17.8 (e) An individual employee has no entitlement may seek approval to the payment work during some or all of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementshutdown period.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be (a) Employees are entitled to four weeks annual leave of four (4) weeks per annum (exclusive of Public Holidays observed on a working day) which will accrue to each employee proportionately each pay period.
(b) Annual leave entitlements accrued up to 30 June each year will be taken in the ensuing financial year. However:
(i) In special circumstances the employee’s manager may approve an employee to accrue annual leave up to a maximum of thirty-five (35) days.
(ii) In special circumstances, an employee may seek approval to accrue annual leave beyond the maximum of thirty-five (35) days so that, for each twelve months’ example, they may take a prolonged overseas holiday. The approval of such request will be at the sole discretion of the authorised Manager but will not unreasonably be refused. Should the request be granted, the employee is required to return their Annual Leave balance to a maximum of thirty-five (35) days within a twelve-month period, or alternatively, a mutually agreed timeframe.
(i) Annual leave for Salaried employees will be taken at the salary the employee was receiving immediately prior to the taking of the leave except where the employee takes such leave immediately following a period of relief in a higher classification. In these circumstances the employee will be paid at the salary the employee would have received if the employee were carrying out normal duties.
(ii) A Salaried employee who takes Annual Leave during a period of relief (i.e. where a continuous period of relief is interrupted by the taking of Annual Leave) will be paid for such leave at the relieving rate.
(iii) The rate of pay for a Wages employee on annual leave will be the employees “ordinary rate of pay” (see sub-clause (4) of Clause W2 Wages) for the employee’s ordinary hours of work in the period.
(d) Where an employee ceases service with the Company, exclusive Corporation the employee will be paid the cash equivalent of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The all accrued but untaken annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate date of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 resignation or retirement. The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period cash value of such leave and is will be calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to salary the employee for that leave period from whatever remuneration is payable was receiving immediately prior to him cessation [e.g. resignation or her upon the cessation of employmentretirement].
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Employees Enterprise Agreement
Annual Leave. 17.1 An employee 14.1 Annual leave is provided for in the NES.
14.2 For each year of service, the NES entitles Employees to:
(a) 4 weeks of paid annual leave; or
(b) 5 weeks of paid annual leave if the Employee is a continuous shift worker.
14.3 For the purposes of this Agreement a continuous shift worker shall be entitled defined as an Employee engaged to four weeks annual leave for work in a system of consecutive shifts throughout the 24 hours of each twelve months’ service with of at least six (6) consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the Company, exclusive control of public holidays. Annual leave accumulates monthly on a pro rata basisthe Employer) and who is regularly rostered to work those shifts.
17.2 14.4 The annual amount to be paid to an Employee prior to going on leave entitlement must be worked out on the basis of the greater of:
(a) the amount the Employee would have been paid for each part time employee shall be calculated pro rata according to the working ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if including loadings, penalties and allowances paid for all purposes; but excluding payments in respect of overtime, or any other payment which might have been payable to the employeeEmployee as a reimbursement for expenses incurred; or
(b) the Employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, for ordinary hours under Clause 7; plus a an annual leave loading of 17.5 per cent on that rate of pay17.5%.
17.7 14.5 An Employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave. The Company may allow amount to be paid must be worked out in accordance with Clause 14.4.
14.6 Where an Employee works in a remote location or on cycle work made up of working days and non-working days, a period of paid annual leave to be includes the working days and the non-working days during the period.
14.7 Where an Employee works in a remote location or on cycle work made up of working days (on-duty period) and non-working days (off-duty period), the Employer may reasonably require that:
(a) any period of annual leave taken by an employee the Employee is a multiple of the on-duty period and/or the off-duty period under the Employee’s work cycle; or
(b) the Employee takes annual leave in accordance with the work cycle.
14.8 An Employer and Employee may agree in writing to the Employee taking a period of paid annual leave before the right thereto Employee has accrued due.
17.8 An employee has no an entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementleave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Samples: Mining Enterprise Agreement
Annual Leave. 17.1 (a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES. Casual Employees shall have no entitlement to annual leave. XXXXXX ELECTRICAL SERVICES PTY LTD Single Enterprise Agreement 2023
(b) Employees will be entitled to four weeks paid annual leave per annum. Where an Employee is engaged in continuous Shift Work, including as a Shift worker for each twelve months’ the purpose of the NES, such an Employee shall be entitled to five weeks paid annual leave per annum.
(c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for lost opportunities for working overtime.
(d) 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.
(e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and xxxxxxx requirements of the Company. An Employee is required to provide at least one month's notice of a request to take annual leave; however, final approval shall lie with the Company.
(f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee's pro-rata accrued annual leave entitlement.
(g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
(h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks' notice to the Employee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
(i) Provided an Employee receives 4 weeks-notice, the Company may direct an Employee to take any accrued annual leave during the Company's annual close down, e.g., the Christmas/ New Year period. Close-down shall be deemed to mean a period of not less than two consecutive weeks, inclusive of public holidays, provided that the close-down period may not extend for longer than three consecutive weeks, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.,
Appears in 1 contract
Samples: Single Enterprise Agreement
Annual Leave. 17.1 An employee shall be 37.1 A full-time Employee is entitled to four weeks 152 hours annual leave, accrued proportionately every 4 week period and credited to the Employee monthly, for each completed year of service at their Ordinary Rate of Pay.
37.2 A part-time Employee is entitled to annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro pro-rata basis.
17.2 The 37.3 Any untaken annual leave entitlement shall accumulate from year to year.
37.4 The payment for each part time employee annual leave is conditional on the Employee completing at least four (4) week’s continuous employment with the Employer.
37.5 During a period of annual leave taken by an Employee, the Employee shall be calculated pro rata according paid a loading of 17.5% in addition to the ordinary hours he or she actually workstheir Ordinary Rate of Pay.
17.3 The time 37.6 Where an Employee who would have worked Shift Work had they not been on leave, takes a period of giving and taking of leave annual leave, they shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee paid in addition to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover their Ordinary Rate of Pay for the period of the shut downleave taken, the higher of the applicable Shift Allowance or the 17.5% leave loading, whichever is the higher, but not both.
17.5 The Company may direct 37.7 No loading is payable to an employee to take up to a quarter of his or her total accrued Employee who takes annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, provided that, if the employment of such an Employee continues until an entitlement accrues due and the day when they would have become entitled to the annual leave, the loading is then becomes payable in respect of the period of such leave.
37.8 Annual leave shall be given and is calculated on taken at a time mutually acceptable to both the relevant minimum rate of pay in clause 19 – Minimum wages, payable Employer and the Employee.
37.9 Any untaken accumulated annual leave will be paid out to the Employee at the accruing termination of their employment.
37.10 Where the Employer conducts shut down/s of the entitlement.
17.9 Where Berkeley Vale Workplace, affected Employee(s) shall be required to take up to two (2) weeks of their accrued annual leave per year. Employees are responsible for ensuring adequate leave has been granted accrued to cover shut down periods. Employees with insufficient leave accruals to cover this will take leave without pay.
37.11 An Employee must take an employee before amount of annual leave if:
(a) they are directed to do so by the leave has accrued dueEmployer; and
(b) at the time the direction is given, the Company may deduct the balance of the payment to the employee for that Employee has annual leave period from whatever remuneration is payable credited to him or her upon of more than 8 weeks; and
(c) the cessation amount of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect Employee is directed to take is less than, or equal to, ¼ of paid out the amount of credited annual leave for employees who have been employed for a minimum 12 months with of the CompanyEmployee at the time that the direction is given.
Appears in 1 contract
Samples: Employee Collective Agreement
Annual Leave. 17.1 An employee 10.1 In addition to the public holidays specified in this Agreement, an Employee shall be entitled to leave of absence on full pay for a period equal to four working weeks annual leave for each continuous twelve months’ months service (less the period of recreation leave) with the Company.
10.2 Employees on shift work shall, on completion of each twelve months continuous service, be entitled to leave of absence on full pay for a period equal to five working weeks exclusive of public holidays.
10.3 An Employee, before going on leave, shall be paid in advance the wages which would have ordinarily been accrued during the currency of the leave, had the Employee not been on leave during the relevant period.
10.4 Each Employee shall, where applicable, have the amount of wages for annual leave calculated at the rate prescribed to be the applicable classification under this Agreement; and any additional rate to which the Employee is otherwise entitled in accordance with the Employee’s contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reason as or is paid in lieu of those payments prescribed by this agreement; and
10.5 In the case of an Employee carrying out work under any scheme of payment by results including a bonus or any other system of payments at the rate which is the weekly average of payments made to the Employee under such scheme for a period actually worked by the latter during ordinary hours over the last three monthly period in respect of which such payments have been calculated prior to the time of going on leave or termination of employment as the case may be; or if the Employee worked under such scheme for a lesser period immediately prior to going on leave, at the rate which is the weekly average of payments made during such lesser period; provided that in circumstances where the amount of payment which the Employee would have received if not on leave is ascertainable the rate so calculated shall be appropriately adjusted;
10.6 In the case of an Employee who would have been engaged for more than one quarter of the period of leave, had the Employee not been on leave, the duties in ordinary time carrying a higher rate than the Employee’s ordinary, classification, payment shall be at the higher rate for the period of leave.
10.7 This subclause shall not operate so as to entitle an Employee in respect of a public holiday occurring during his or her period of leave, to any additional payment calculated as though the Employee had worked on that day.
10.8 For the purposes of this clause, the ordinary time an Employee would have worked had the latter not been on leave during the relevant period shall be determined by the roster which covers such period at a time immediately prior to the commencement of leave or the termination of employment, as the case may be.
10.9 Provided that where a rostered day off falls during the period of recreation leave, payment of accrued entitlements for such day shall be made in addition to recreation leave payments prescribed in this clause.
10.10 Continuous employment, means constant weekly employment until the termination of an engagement. Annual Absences up to one month owing to illness covered by a medical certificate after two days absence, or an absence with a medical certificate extending beyond one month in the case of an Employee with an accumulation of sick leave accumulates monthly to the extent of such accumulation; three months owing to injury received in the course of employment; or one month owing to other causes for which leave has been granted by the Company concerned, shall not be deemed to break the continuity of employment.
10.11 Any Employee who has been continuously employed for at least one month but has not completed twelve months service on the termination of employment, is entitled to pay on a pro rata basisbasis for each completed month of service at the appropriate rate of wage.
17.2 The annual 10.12 In the computation of pro rata leave, the period of any previous recreation leave entitlement for each part time employee which may be involved shall be calculated pro rata according computed as a period of service.
10.13 Recreation leave shall be taken at a time mutually agreed upon by Company and Employee, and in the absence of agreement at a time fixed by the Company, within a period not exceeding six months from the date when the right to recreation leave accrued due and after not less than six weeks notice to the ordinary hours he or she actually worksEmployee.
17.3 The time 10.14 Recreation leave shall be taken in a continuous period, or, in the event of giving an agreement between the Company and taking an Employee, in two separate periods and not otherwise.
10.15 In cases where the Company and an Employee have agreed on two separate periods of leave, one of the periods shall be not less than two consecutive weeks exclusive of any public holiday or holidays which may occur during such period of leave. Any such periods of leave shall be by mutual arrangement between granted to an Employee within six months from the Company and date when the employee concernedright to recreation leave occurred.
17.4 The 10.16 A principal Company may direct an employee to take annual leave during any shut downin writing exhibited on a noticeboard in the Company’s establishment, including any such shut down over project or business declare that the Christmas and establishment, project or business, shall observe a complete Christmas/New Year period, provided the employee has an accrued annual leave balance that will at least cover the “close-down” period of the shut downnext following Christmas/New Year.
17.5 The 10.17 For the purposes of this subclause a close-down shall be deemed to mean a period of not less than one working week, inclusive of public holidays and shall commence on the last working day prior to Christmas Day.
10.18 Where the Company may direct an employee decides to take “close-down” for any period in excess of one working week and up to and including four working weeks, the Company shall give two months notice in writing exhibited on a quarter of his noticeboard in the employer’s establishment, project or her total accrued annual leave entitlement if business. Notwithstanding anything elsewhere contained in this subclause, an employer may require any Employee to work in unforeseen or emergency circumstances during the employee’s accrued annual leave entitlement exceeds 8 weeks“close-down” period.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 10.19 The Company may allow annual recreation leave to be taken by an employee Employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual due but where leave is taken wholly or partly in advance, such a case a further period of recreation leave shall not commence to accrue until an entitlement accrues due and after the loading is then payable expiration of the twelve months in respect of the period of such which recreation leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementhad been taken before it accrued.
17.9 10.20 Where leave has been granted to an employee Employee pursuant to this subclause before the leave right thereto has accrued due, due and the Employee subsequently leaves or is discharged from the service of the Company before completing the twelve months continuous service in respect of which the leave was granted the Company may deduct the balance for each one complete month of the payment to qualifying period of twelve months not served by the employee for that leave period Employee deduct from whatever remuneration is payable to him or her upon the cessation termination of employmentthe employment 1/12th of the amount of wage paid on account of the recreation leave, which amount shall not include any sums paid for any of the public holidays prescribed by this Agreement.
17.10 An employee whose employment is terminated 10.21 Payment in lieu of recreation leave shall not be made by the Company nor accepted by an Employee in accordance with all the requirements of this clause. An Employee’s services shall not be offered to any other employer during the period the Employee is on paid recreation leave and an employer shall not engage an Employee who is on paid recreation leave.
10.22 The Company shall keep or who lawfully leaves cause to be kept a recreation leave showing the employment date of commencement of employment, the date on which the last leave became due, and the date upon which the last leave was taken.
10.23 Before proceeding on recreation leave an Employee shall be entitled paid any moneys due in respect of recreation leave being taken, or which may accrue due to the Employee during the period of leave.
10.24 During a period of annual leave an Employee shall receive a loading calculated on the applicable wage rate as follows:
(a) Day workers - an Employee who would have worked on day work only a loading of 17-1/2%;
(b) Shift workers - an Employee who would have worked on shift work a loading of 17-1/2%.
10.25 Provided that where the Employee would have received shift loading had leave not been taken during the relevant period and such loadings would have brought an entitlement to a pro rata payment calculated on his or her relevant minimum greater amount than the loading of 17-1/2%, then the shift loadings shall be added to the rate of pay wage prescribed by 33.3.1 in clause 19 – Minimum wageslieu of the 17-1/2% loading.
10.26 The loading prescribed by this subclause shall not apply to proportionate leave on termination except where the termination is by the Company for reasons other than misconduct.
10.27 Notwithstanding the provisions of this clause, for the period in respect purposes of which the Agreement the quantum of annual leave has to which an Employee is entitled shall be not been taken, provided less than that to which an Employee is entitled under the loading in clause 17.6 shall only be paid in respect provisions of paid out annual leave for employees who have been employed for a minimum 12 months with the CompanyAnnual Leave Act 1973 as amended.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee A. Employees covered by this agreement shall be entitled to four weeks accumulate annual leave for each twelve months’ service in accordance with the Company, exclusive following schedule based on years of public holidays. Annual leave accumulates monthly on a pro rata basis.continuous service: 0 through 4 10.58 Hours More than 4 through 12 12.12 Hours More than 12 through 20 13.66 Hours More than 20 through 26 14.89 Hours More than 26 16.12 Hours
17.2 B. The annual leave entitlement for each part time accrual rates listed in the table immediately above include the accrual of the annual leave referred to in Section 17, Holidays and Holiday Pay.
C. The annual leave accruals will be capped at the following levels
1. Employees hired before February 1, 2009, are eligible to accumulate annual leave up to the amount which can be accumulated in four (4) years.
2. Employees hired on or after February 1, 2009, are eligible to accumulate annual leave up to the amount which can be accumulated in three (3) years.
D. Effective January 1, 1997, No employee shall be calculated pro rata according allowed to accrue annual leave above the maximum allowed accumulation from all sources of annual leave accrual at any time unless one of the following exceptions is granted by the Director of Human Resource City Manager, or designate:
1. An exception shall be granted by the Director of Human Resources City Manager or his/her designate in the event that an injury or illness to the ordinary hours he employee, or she actually works.
17.3 the employee serving on jury duty precludes that employee from using accrued annual leave. To be considered for this exception, the Director of Human Resources City Manager must be informed of the circumstances surrounding the need to allow for the exception before an employee's annual leave accumulation reaches the maximum. The time of giving and taking of leave employee shall be by mutual arrangement between paid for any accrual in excess of the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave maximum which occurs during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of time the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued was precluded from using annual leave entitlement if due to the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 circumstances listed above. Payment for such annual leave shall be made at the relevant minimum rate of employee's current pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of payrate.
17.7 2. The Company may allow Director of Human Resources City Manager, or designate, shall grant an exception in cases where an employee's scheduled annual leave to was canceled by the Chief of Police. To be taken by an employee before considered for this exception the right thereto has accrued due.
17.8 An employee has no entitlement to the payment Director of Human Resources City Manager must be informed of the loading, when circumstances surrounding the need to allow for the exception before an employee's annual leave is taken wholly or partly accumulation teaches the maximum. The employee shall be paid for any accrual in advance, until an entitlement accrues due and the loading is then payable in respect excess of the period of such leave and is calculated on maximum caused by the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing cancellation of the entitlement.
17.9 Where leave has been granted to an employee before scheduled annual leave. In no circumstance, shall the leave has accrued due, amount of payment exceed the Company may deduct the balance amount of the payment to the employee for vacation that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated was canceled by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate Chief of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the CompanyPolice.
Appears in 1 contract
Samples: Memorandum of Understanding
Annual Leave. 17.1 An employee shall be Full time and part time employees are entitled to four weeks 4 weeks' paid annual leave for in each twelve months’ service with the Companyyear of employment, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisto be taken at times agreed between you and your employer.
17.2 The Annual leave accrues on a pro-rata basis throughout the year, is cumulative and is paid out upon termination of employment.
17.3 When you take annual leave entitlement leave, you will be paid at your Ordinary Wage Rate for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concernedyou would have otherwise worked during that period.
17.4 The Company may direct an employee If you would like to take annual leave, please apply to us as soon as possible and no later than 4 weeks prior to the anticipated leave. We will only refuse your request to take annual leave during any shut downon reasonable business grounds. Cashing out of annual leave
17.5 If you make a request to receive payment instead of taking annual leave, including any such shut down over we can agree in writing to the Christmas and New Year period, cashing out of your annual leave provided the employee has an accrued that your annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 after any cashing out is no less than 4 weeks.
17.6 Payment for Any agreement to cash out an amount of annual leave shall must state the amount of annual leave to be cashed out, the payment to be made at to the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent employee and the date on that rate of paywhich the payment will be made.
17.7 The Company may allow maximum amount of annual leave to that may be taken by cashed out in any 12 month period is 2 weeks. Excess Leave Accruals
17.8 If an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment an excess accrual of the loading, when paid annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is (being more than 8 weeks’ annual leave) then payable in respect of the we can direct you to take a period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementannual leave.
17.9 Where A direction to take a period of annual leave has been granted to an employee before must not be for a period of less than 1 week, commence sooner than 8 weeks or later than 12 weeks from the direction date, or result in your remaining leave has accrued due, accrual being less than 6 weeks at the Company may deduct time of you taking the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employmentdirected leave.
17.10 An No annual leave loading is payable under this Agreement as it has been incorporated into the Ordinary Wage Rates in the Minimum Wage Rate Schedule of this Agreement.
(a) A direction to take a period of annual leave must not:
(i) Require the employee whose employment to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is terminated given; and
(ii) Be inconsistent with any leave arrangement agreed by the Company employer and the employee.
17.11 If you have an excessive leave accrual, then either you or who lawfully leaves the employment shall be entitled employer can confer with the other and genuinely try to a pro rata payment calculated reach an agreement on his how to reduce or her relevant minimum rate eliminate the excessive leave accrual.
17.12 You may only give notice to the employer to request to take one or more periods of pay in clause 19 – Minimum wages, for the period in respect of which paid annual leave has if you have genuinely tried and failed reach an agreement under clause 17.11 and if:
(a) You have had an excessive leave accrual for more than 6 months at the time of giving notice; and
(b) You have not been takengiven a direction in line with clause 17.11 that when any other paid annual leave arrangements are taken into account, provided that the loading in clause 17.6 shall only be paid in respect would eliminate your excessive leave accrual. Additional week of paid out annual leave for employees NES shiftworkers
17.13 For the purpose of the NES, a shiftworker means an employee who have been employed regularly works on a Sunday or a public holiday ("regularly" means more than 34 Sundays and 6 public holidays in a year) in a workplace where shifts are continuously rostered 24 hours a day for 7 days a minimum 12 months with the Companyweek.
Appears in 1 contract
Samples: Family Trust Enterprise Agreement
Annual Leave. 17.1 An employee shall be Full time and part time employees are entitled to four weeks 4 weeks' paid annual leave for in each twelve months’ service with the Companyyear of employment, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisto be taken at times agreed between you and your employer.
17.2 The Annual leave accrues on a pro-rata basis throughout the year, is cumulative and is paid out upon termination of employment.
17.3 When you take annual leave entitlement leave, you will be paid at your Ordinary Wage Rate for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concernedyou would have otherwise worked during that period.
17.4 The Company may direct an employee If you would like to take annual leave, please apply to us as soon as possible and no later than 4 weeks prior to the anticipated leave. We will only refuse your request to take annual leave during any shut downon reasonable business grounds. Cashing out of annual leave
17.5 If you make a request to receive payment instead of taking annual leave, including any such shut down over we can agree in writing to the Christmas and New Year period, cashing out of your annual leave provided the employee has an accrued that your annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 after any cashing out is no less than 4 weeks.
17.6 Payment for Any agreement to cash out an amount of annual leave shall must state the amount of annual leave to be cashed out, the payment to be made at to the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent employee and the date on that rate of paywhich the payment will be made.
17.7 The Company may allow maximum amount of annual leave to that may be taken by cashed out in any 12 month period is 2 weeks. Excess Leave Accruals
17.8 If an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment an excess accrual of the loading, when paid annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is (being more than 8 weeks’ annual leave) then payable in respect of the we can direct you to take a period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementannual leave.
17.9 Where A direction to take a period of annual leave has been granted to an employee before must not be for a period of less than 1 week, commence sooner than 8 weeks or later than 12 weeks from the direction date, or result in your remaining leave has accrued due, accrual being less than 6 weeks at the Company may deduct time of you taking the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employmentdirected leave.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which No annual leave loading is payable under this Agreement as it has not been taken, provided that incorporated into the loading Ordinary Wage Rates in clause 17.6 shall only be paid in respect Minimum Wage Rate Schedule of paid out this Agreement. Additional week of annual leave for employees NES shiftworkers
17.11 For the purpose of the NES, a shiftworker means an employee who have been employed regularly works on a Sunday or a public holiday ("regularly" means more than 34 Sundays and 6 public holidays in a year) in a workplace where shifts are continuously rostered 24 hours a day for 7 days a minimum 12 months with the Companyweek.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall
15.1 Other than the provisions set out in this clause the provisions relating to Annual Leave and how and when it is to be taken will be in accordance with the NES and the Award.
15.2 Full-time Employees are entitled to four weeks paid annual leave for each twelve months’ year of service with the CompanyEmployer. For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, exclusive of a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays. Annual leave accrues throughout the year and accumulates monthly from year to year.
15.3 Employees will receive an annual leave loading of 17.5% on the applicable ordinary rates in addition to the entitlements to annual leave. The loading is payable for the lost opportunity to work overtime and will be paid on accrued leave on termination of Employment.
15.4 Part-time Employees are entitled to annual leave calculated on a pro pro-rata basisbasis according to their ordinary hours work.
17.2 The 15.5 Casual Employees are not entitled to annual leave entitlement as the casual loading compensates them for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksannual leave.
17.3 The time 15.6 Employees may request and with the written agreement of giving and taking of the Employer, to cash out accrued annual leave shall provided no less than 4 weeks annual leave is retained to be by mutual arrangement between the Company and the employee concernedtaken as annual leave.
17.4 The Company may direct an employee 15.7 Cashed out annual leave will be paid at the rate of pay that the Employee would have received had they taken the annual leave. Annual leave loading will be paid on cashed out annual leave entitlement.
15.8 Direction to take annual leave during any shut down, including any such a compulsory shut down over will be in accordance with the Christmas and New Year periodAward
15.9 If, provided on the employee termination of the Employee’s employment, the Employee has not accrued an accrued entitlement to all of a period of paid annual leave balance that will at least cover already taken in accordance with an agreement, the period of the shut down.
17.5 The Company Employer may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable deduct from any money (other than payments in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment NES) due to the employee for Employee on termination an amount equal to the amount that leave period from whatever remuneration is payable was paid to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period Employee in respect of which any part of the period of annual leave taken in advance to which an entitlement has not been taken, provided that the loading in clause 17.6 shall only be paid in respect accrued.
15.10 Permanent Employees are entitled to an additional Picnic / Family day of paid out annual leave for employees who have been employed for a minimum 12 months each year. In consultation with the Companyemployees, and taking into account operational requirements, the day each year will be determined by management. This additional day does not accumulate nor is it payable upon termination.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks 37.1 Employees will accrue 20 working days annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly per year (on a pro rata basisbasis where the employee is employed part time) which can be accessed as it accrues.
17.2 The 37.2 Annual leave accrues daily from the commencement date and counts as service for all purposes. An employee receiving workers compensation for more than 45 weeks will accrue annual leave entitlement on an hours actually worked basis. Annual leave will not accrue for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking periods of leave shall without pay that do not count as service. Annual leave cannot be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee used to take break periods of long service leave. Where a public holiday occurs during a period of annual leave during any shut downleave, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued public holiday is not deducted from the annual leave entitlement if and the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made public holiday is paid at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that normal rate of pay.
17.7 The Company may allow 37.3 In accordance with Section 93 of the Fair Work Act, the cashing out of annual leave will be unlimited provided that: the employee must have accumulated sufficient annual leave entitlement; the amount of annual leave entitlement paid out must not result in the employee’s accumulated leave entitlement reducing to below four weeks; the ability to cash out leave is conditional upon the employee having taken at least 10 days actual annual leave in the 12 months prior to accessing this provision; and for each particular amount of annual leave the employee wishes to cash out, the employee and the Chair must have a written agreement in place before the amount can be cashed out.
37.4 Annual leave cashed out under this provision will be paid for at the full amount that would have been payable had the employee taken the leave to be foregone. Organisational responsibility allowances being received at the time will be taken by into account when calculating the payment. Employees should consider any taxation implications prior to making an employee before the right thereto has accrued dueelection to cash out annual leave.
17.8 An employee has no entitlement 37.5 The parties to the payment Agreement agree that in the interests of the loadingemployee health and wellbeing, when employees will, wherever practicable, take regular annual leave.
37.6 Any annual leave entitlement in excess of 60 days is taken wholly called ‘excess annual leave’.
37.7 By 1 February in a year the ACMA will inform employees who are likely to exceed 60 days entitlement at 30 June in that year. These employees will be required to consult with their manager to arrange a leave plan to utilise the potential excess annual leave by 30 June.
37.8 Where suitable arrangements are not made, employees may be directed to use the potential excess annual leave by 30 June.
37.9 Unused annual leave entitlement will be paid out to an employee, or partly in advancewhere appropriate an organisation nominated by the employee, until an entitlement accrues due and at the loading is then payable in respect time of resignation, retirement or termination of employment, using the period of such leave and is calculated on employee’s final salary to calculate the relevant minimum payment. Final salary comprises the employee’s basic rate of pay in clause 19 – Minimum wages, payable at the accruing time of resignation, retirement or termination of employment and any additional payment being received as a result of temporary assignment of duties that would have continued to be received but for the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueresignation, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him retirement or her upon the cessation termination of employment.
17.10 37.10 If an employee dies or is presumed to have died on a particular date, payment may be made to the dependants or partner or legal representative of the former employee of an amount that would have been paid if the employee had ceased employment by resignation or retirement.
37.11 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled can apply to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which take annual leave has not been takenat half pay. If this option is exercised, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with entitlement will be reduced by half the Companynumber of days absent. That is, 10 days annual leave at half pay will reduce the leave entitlement by five days.
Appears in 1 contract
Samples: Enterprise Agreement