Cashing out of Annual Leave. (a) Paid Annual Leave must not be cashed out except in accordance with an agreement under clause 41.8.
(b) Each cashing out of a particular amount of paid Annual Leave must be the subject of a separate agreement under clause 41.8.
(c) The 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 this clause must state:
(i) the amount of Annual Leave to be cashed out and the payment to be made; and
(ii) the date on which the payment is to be made.
(d) An agreement under clause 41.8 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.
(e) The payment must not be less than the amount that would have been payable had the Employee taken the Annual Leave at the time the payment is made.
(f) An agreement must not result in the Employee’s remaining accrued entitlement to paid Annual Leave being less than four (4) weeks.
(g) The Employer must keep a copy of any agreement under clause 41.8 as an Employee record.
Cashing out of Annual Leave. (a) Annual leave credited to an employee may be cashed out by agreement, subject to the following conditions:
(i) 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
(ii) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee; and
Cashing out of Annual Leave. (a) Annual leave credited to an employee may be cashed out by agreement, subject to the following conditions: (refer to section 93 of the Act)
(i) 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
(ii) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee; and
(iii) 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.
Cashing out of Annual Leave. An Employee who has accrued at least 12 months service with the Employer and providing the Employer authorizes the Employee to forgo the amount of leave, an Employee may elect (in writing) to cash out up to 2 weeks annual leave, paid as a lump sum.
Cashing out of Annual Leave. (a) Annual leave credited to an employee may be cashed out, subject to the following conditions:
(i) the employee must elect in writing to receive pay in lieu of an amount of annual leave;
(ii) during each 12 month period, an employee is not entitled to forgo an amount of annual leave that is equal to more than 1/26 of the ordinary hours worked by the employee during the period;
(iii) the employer has agreed to the employee cashing out the annual leave; and
(iv) the payment in lieu of the amount of annual leave shall be at a rate that is no less than the employee’s ordinary pay at the time that the election is made.
(b) Cashing out of Annual Leave accrued prior to the Act
Cashing out of Annual Leave. (a) Paid annual leave must not be cashed out except in accordance with an agreement under this subclause.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement.
(c) 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.
(d) The agreement under this subclause must:
(i) state the amount of leave to be cashed out and the payment to be made to the employee for it;
(ii) state date on which the payment is to be made; and
(iii) be signed by the Employer and Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian.
(e) 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.
(f) An agreement under this subclause must not result in the Employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(g) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(h) The Employer must keep a copy of any agreement under this subclause as an employee record.
Cashing out of Annual Leave. 60.1 An Employee may, with the consent of the Employer, choose to cash out paid annual leave in accordance with this clause 60.
Cashing out of Annual Leave. 40.1 Annual leave must not be cashed out except in accordance with this clause.
40.2 The Employer and an Employee may agree to the Employee cashing out a particular amount of the Employee’s accrued annual leave provided that the following requirements are met:
40.2.1 the cashing out of a particular amount of accrued annual leave must be by agreement between the Employer and the Employee which must:
(a) be in writing and retained as an employee record;
(b) state the amount of accrued leave to be cashed out and the payment to be made to the Employee;
(c) state the date on which the payment is to be made; and
(d) be signed by the Employer and Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;
40.2.2 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 it is cashed out;
40.2.3 annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to annual leave being less than four weeks; and
40.2.4 an Employee may only cash out annual leave on one occasion during the term of this Agreement.
Cashing out of Annual Leave. An employee may cash out up to two weeks of the employee’s annual leave credit where that credit has exceeded two years accumulated leave subject to the following:
Cashing out of Annual Leave. 59.1 An Employee may, with the consent of the Employer, choose to cash out paid annual leave in accordance with this clause.
(a) Written request and written agreement
(b) Terms of agreement must comply with terms
(i) paid annual leave must not be cashed out if the cashing out would result in the Employee having less than six weeks of accrued annual leave; and
(ii) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the Employer and the Employee; and
(iii) 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, including annual leave loading and superannuation to the Employee’s nominated Fund; and
(iv) an Employee cannot cash out more than 2 weeks paid annual leave in any 12-month period.
(c) Payments made in accordance with this clause extinguish an Employee's right to access annual leave or receive further payment for the period of annual leave paid out.
59.2 Part-time Employees – cashing out of annual leave where contracted EFT fraction has reduced
(a) the requirement that paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid leave being less than six weeks calculated using the new EFT fraction; and
(b) the limit on cashing out no more than 2 weeks annual leave will not apply. A part-time Employee recently reduced their contracted EFT from 32 hours per week to 16 hours per week. The Employee wishes to take two weeks annual leave. The Employee's payment for annual leave taken would be 32 hours' pay (16 hours per week multiplied by 2), plus annual leave loading. The Employee has 160 hours of accrued annual leave (ie 5 weeks leave at their previous EFT, or 10 weeks' leave at their new EFT), before taking or cashing out any annual leave. Subject to the Employee complying with this clause, the Employee may elect to cash out an additional 32 hours annual leave (plus annual leave loading), at the same time as taking annual leave, so that the total paid to the Employee during the period of leave is:
(a) 32 hours' pay (16 hours per week multiplied by 2), plus annual leave loading, for annual leave taken; plus
(b) 32 hours' pay, plus annual leave loading, for annual leave cashed out.
(c) At the end of the annual leave period, the Employee retains 6 weeks' annual leave, at the Employee's part time hours. That is, the Employee will...
