Common use of Excessive Annual Leave Accruals Clause in Contracts

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with annual leave accruals by agreement (b) Employer may direct that excessive annual leave be taken (i) An Employee has an excessive annual leave accrual if:  the Employee has accrued more than eight weeks’ paid annual leave; or  the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) Where the Employer has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a)), the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii);  require the Employee to take any period of leave of less than one week;  require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes in relation to the operation of clause 41.6

Excessive Annual Leave Accruals. 41.1 This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) 41.2 Dealing with annual leave accruals by agreement (b) 41.2.1 Where an Employee’s accrued annual leave entitlement has not been taken by the end of the calendar year following the calendar year in which it accrued, the Employer and Employee must genuinely try to agree upon steps that will be taken to reduce or eliminate that leave accrual. 41.2.2 This agreement must be attempted before an Employer can direct that leave be taken under clause 41.3. 41.3 Employer may direct that excessive annual leave be taken (i) 41.3.1 An Employee has an excessive annual leave accrual if:  if the Employee has accrued more than eight weeks’ paid annual leave; or  the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) 41.3.2 Where the Employer has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a))41.2, the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:  : (a) result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, agreed or that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(iitake);  ; (b) require the Employee to take any period of leave of less than one week;  ; (c) require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  ; (d) require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  or (e) be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) 41.3.3 If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) 41.3.4 The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) 41.4 Employee may require that leave be granted (i) 4.1 This clause 41.6(c) 41.4 applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes in relation to the operation of clause 41.6

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with . Where an Employee’s accrued annual leave accruals entitlement has not been taken by agreement (b) the end of the calendar year following the calendar year in which it accrued, the Employer may and Employee must genuinely try to agree upon steps that will be taken to reduce or eliminate that leave accrual. This agreement must be attempted before an Employer can direct that excessive annual leave be taken (itaken under clause 41.6(b)(ii) or an Employee can give notice of leave to be granted under clause 41.6(c)(ii). An Employee has an excessive annual leave accrual if:  the Employee has accrued more than eight weeks’ paid annual leave; or  the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) . Where the Employer has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a)), the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii);  require the Employee to take any period of leave of less than one week;  require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) . An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) . If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) . The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) . This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) . If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) . The maximum amount of leave that an Employee can give notice of under this clause is: (iv) : four weeks’ leave in any 12 month period; or five weeks’ leave in any 12 month period if the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a). The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes A dispute in relation to the operation of this clause 41.6may be dealt with in accordance with clause 12 (Resolution of Disputes).

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with . Where an Employee’s accrued annual leave accruals entitlement has not been taken by agreement (b) the end of the calendar year following the calendar year in which it accrued, the Employer may and Employee must genuinely try to agree upon steps that will be taken to reduce or eliminate that leave accrual. This agreement must be attempted before the Employer can direct that excessive annual leave be taken (itaken under clause 45.6(b)(ii) or an Employee can give notice of leave to be granted under clause 45.6(c)(ii). An Employee has an excessive annual leave accrual if:  the Employee has accrued more than eight weeks’ paid annual leave; or  the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a45.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) . Where the Employer has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a45.6(a)), the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii45.6(c)(ii);  or require the Employee to take any period of leave of less than one week;  or require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employeeEmployee;  or require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) . An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) . If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) . The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes in relation to the operation of clause 41.6

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with annual leave accruals by agreement (b) Employer may direct that excessive annual leave be taken (i) An Employee employee has an excessive annual leave accrual if:  the Employee has if they have accrued more than eight weeks’ (8) weeks paid annual leave; leave (or  the Employee is a Shift Worker who is entitled to an additional week of ten (10) weeks paid annual leave in accordance for a shiftworkers). (b) If an employee has an excessive annual leave accrual, Xxxxx Xxxxxx Village or the employee may seek to confer with clause 41.2(athe other and genuinely reach agreement on how to reduce or eliminate the excessive annual leave accrual. (c) and If Xxxxx Xxxxxx Village has accrued genuinely tried to reach agreement with an employee under subclause (b) above, but agreement is not reached (including because the employee refused to confer), Xxxxx Xxxxxx Village may direct the employee to take one or more than 10 weeks’ paid periods of annual leave. (iid) Where the Employer If an employee has an excessive annual leave accrual genuinely tried to reach agreement with Xxxxx Xxxxxx Village under sub clause (and b) above, but agreement has is not been reached under clause 41.6(a)(including because Xxxxx Xxxxxx Village refused to confer), the Employer employee may give Xxxxx Xxxxxx Village a written direction to the Employee notice requesting to take a period one or more periods of paid annual leave. Such a direction must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has This notice may only be given notice of under clause 41.6(c)(ii);  require the Employee to take any period of leave of less than one week;  require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c) applies if an Employee employee has had an excessive annual leave accrual balance for more than six (6) months at the time of giving the notice and the Employer employee has not been given a direction under clause 41.6(b)(iisubclause (c) that will eliminate the Employee’s excessive above. Xxxxx Xxxxxx Village must grant paid annual leave accrualrequested by a notice under this subclause. (iie) If agreement The maximum period of annual leave entitled to be requested by notice under subclause (d) above in a 12-month period is not reached under clause 41.6(a), the Employee may give five (5) weeks or six (6) weeks for shiftworkers. (f) The following provisions will apply to both a written notice to the Employer that the Employee wishes direction to take a period annual leave given by Xxxxx Xxxxxx Village, or periods of paid notice requesting to take annual leave. Such a notice must not:  result in leave by an employee: (i) the Employeeemployee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing must be more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes in relation to the operation of clause 41.6six

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with . Where an Employee’s accrued annual leave accruals entitlement has not been taken by agreement (b) the end of the calendar year following the calendar year in which it accrued, the Employer may and Employee must genuinely try to agree upon steps that will be taken to reduce or eliminate that leave accrual. This agreement must be attempted before the Employer can direct that excessive annual leave be taken (itaken under clause 50.6(b)(ii) or an Employee can give notice of leave to be granted under clause 50.6(c)(ii). An Employee has an excessive annual leave accrual if:  the Employee has accrued more than eight weeks’ paid annual leave; or  the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a50.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) . Where the Employer Employee has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a50.6(a)), the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii50.6(c)(ii);  or require the Employee to take any period of leave of less than one week;  or require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employeeEmployee;  or require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) . An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) . If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) . The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes in relation to the operation of clause 41.6

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with annual leave accruals by agreement (b) Employer may direct that excessive annual leave be taken (i) An Employee employee has an excessive annual leave accrual if:  the Employee has if they have accrued more than eight weeks’ (8) weeks paid annual leave; leave (or  the Employee is a Shift Worker who is entitled to an additional week of ten (10) weeks paid annual leave in accordance for shiftworkers). (b) If an employee has an excessive annual leave accrual, PSVCAC or the employee may seek to confer with clause 41.2(athe other and genuinely reach agreement on how to reduce or eliminate the excessive annual leave accrual. (c) and If PSVCAC has accrued genuinely tried to reach agreement with an employee under subclause (b) above, but agreement is not reached (including because the employee refused to confer), PSVCAC may direct the employee to take one or more than 10 weeks’ paid periods of annual leave. (iid) Where If an employee has genuinely tried to reach agreement with PSVCAC under sub clause (b) above, but agreement is not reached (including because PSVCAC refused to confer), the Employer employee may give PSVCAC a written notice requesting to take one or more periods of annual leave. This notice may only be given if the employee has had an excessive annual leave accrual balance for more than six (6) months at the time of giving the notice and agreement the employee has not been reached given a direction under clause 41.6(asubclause (c) above. PSVCAC must grant paid annual leave requested by a notice under this subclause. (e) The maximum period of annual leave entitled to be requested by notice under subclause (d) above in a 12-month period is four (4) weeks (or five (5) weeks for shiftworkers)), the Employer may give . (f) The following provisions will apply to both a written direction to the Employee take annual leave given by PSVCAC, or notice requesting to take a period or periods of paid annual leave. Such a direction must not:  result in leave by an employee: (i) the Employeeemployee’s remaining accrued entitlement to paid annual leave at any time being less must be more than six (6) weeks (taking into account all when any other paid annual leave that has been agreed, that entitlements are taken into account. (ii) the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii);  require the Employee to take any minimum period of annual leave of less than will be one (1) week;  require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) the period of annual leave must commence at least eight (8) weeks, but not more than 12 months, after the direction or notice is given. (iv) the direction or notice must not be inconsistent with any annual leave arrangement agreed by PSVCAC and the employee. (g) An Employee to whom a direction employee who has been given under this clause a direction in accordance with subclause (c) above, may make a request to take a period of paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) If leave is agreed after a direction is issued and the direction would then This may result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed ceasing to have been withdrawneffect. (vi) The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes in relation to the operation of clause 41.6

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with annual leave accruals by agreement (b) Employer may direct that excessive annual leave be taken (i) An Employee has an excessive annual leave accrual if:  if the Employee has accrued more than eight weeks’ paid annual leave; or  the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) Where the Employer Employee has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a)45.5(a), the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:  • result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii45.5(c)(ii);  • require the Employee to take any period of leave of less than one week;  or • require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  or • require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  • be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016. (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c45.5(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii45.5(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a45.5(a), the Employee may give a written notice to the Employer that the Employee wishes they wish to take a period or periods of paid annual leave. Such a notice must not:  • result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  or • provide for the Employee to take any period of leave of less than one week;  or • provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  or • provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  • be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is:is four weeks’ leave in any 12 month period. (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70. (d) Disputes in relation to the operation of clause 41.645.5

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with annual leave accruals by agreement (b) Employer may direct that excessive annual leave be taken (i) An Employee has an excessive annual leave accrual if:  the Employee has accrued more than eight weeks’ paid annual leave; or  the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) Where the Employer has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a)), the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii);  require the Employee to take any period of leave of less than one week;  require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016. (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70. (d) Disputes in relation to the operation of clause 41.6

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with annual leave accruals by agreement (b) Employer may direct that excessive annual leave be taken (i) An Employee employee has an excessive annual leave accrual if:  the Employee has if they have accrued more than eight (8) weeks paid annual leave (or ten (10) weeks’ paid annual leave; or  the Employee is leave for a Shift Worker who is entitled to shiftworkers). (b) If an additional week of employee has an excessive annual leave in accordance accrual, Xxxxxxxxxx or the employee may seek to confer with clause 41.2(athe other and genuinely reach agreement on how to reduce or eliminate the excessive annual leave accrual. (c) and If Xxxxxxxxxx has accrued genuinely tried to reach agreement with an employee under subclause (b) above, but agreement is not reached (including because the employee refused to confer), Xxxxxxxxxx may direct the employee to take one or more than 10 weeks’ paid periods of annual leave. (iid) Where If an employee has genuinely tried to reach agreement with Xxxxxxxxxx under sub clause (b) above, but agreement is not reached (including because Xxxxxxxxxx refused to confer), the Employer employee may give Xxxxxxxxxx a written notice requesting to take one or more periods of annual leave. This notice may only be given if the employee has had an excessive annual leave accrual balance for more than six (6) months at the time of giving the notice and agreement the employee has not been reached given a direction under clause 41.6(asubclause (c) above. Xxxxxxxxxx must xxxxx paid annual leave requested by a notice under this subclause. (e) The maximum period of annual leave entitled to be requested by notice under subclause (d) above in a 12-month period is four (4) weeks (or five (5) weeks for shiftworkers)), the Employer may give . (f) The following provisions will apply to both a written direction to the Employee take annual leave given by Xxxxxxxxxx, or notice requesting to take a period or periods of paid annual leave. Such a direction must not:  result in leave by an employee: (i) the Employeeemployee’s remaining accrued entitlement to paid annual leave at any time being less must be more than six (6) weeks (taking into account all when any other paid annual leave that has been agreed, that entitlements are taken into account. (ii) the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii);  require the Employee to take any minimum period of annual leave of less than will be one (1) week;  require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) the period of annual leave must commence at least eight (8) weeks, but not more than 12 months, after the direction or notice is given. (iv) the direction or notice must not be inconsistent with any annual leave arrangement agreed by Xxxxxxxxxx and the employee. (g) An Employee to whom a direction employee who has been given under this clause a direction in accordance with subclause (c) above, may make a request to take a period of paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) If leave is agreed after a direction is issued and the direction would then This may result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed ceasing to have been withdrawneffect. (vi) The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  provide for the Employee to take any period of leave of less than one week;  provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes in relation to the operation of clause 41.6

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals. (a) Dealing with annual leave accruals by agreement (b) Employer may direct that excessive annual leave be taken (i) An Employee has an excessive annual leave accrual if:  • the Employee has accrued more than eight weeks’ paid annual leave; or  • the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) Where the Employer has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a)), the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:  • result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(ii);  • require the Employee to take any period of leave of less than one week;  • require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  • require the Employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employee; or  • be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) The Employee must take paid annual leave in accordance with a direction complying with this clause. (c) Employee may require that leave be granted (i) This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive leave accrual. (ii) If agreement is not reached under clause 41.6(a), the Employee may give a written notice to the Employer that the Employee wishes to take a period or periods of paid annual leave. Such a notice must not:  • result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);  • provide for the Employee to take any period of leave of less than one week;  • provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  • provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the Employer; or  • be inconsistent with any leave arrangement agreed between the Employer and Employee. (iii) The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70 (d) Disputes in relation to the operation of clause 41.6

Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with 9.4.1 An Employee has an excessive paid annual leave accruals.accrual if: (a) the Employee is not a shift worker and has accrued more than eight weeks paid annual leave; or (b) the Employee is a shift worker and has accrued more than 10 weeks paid annual leave. 9.4.2 Eliminating excessive leave accruals Dealing with annual excessive leave accruals by agreement (a) Before the Company can direct that leave be taken under subclause 9.4.2(b) of this Agreement or an Employee can give notice of leave to be granted under subclause 9.4.2(c) of this Agreement, the Company or Employee must request a meeting and must genuinely try to agree upon steps that will be taken to reduce or eliminate the Employee’s excessive leave accrual. (b) Employer The Company may direct that excessive annual leave be taken (i) An . This subclause applies if an Employee has an excessive annual leave accrual if:  the Employee has accrued more than eight weeks’ paid annual leave; or  the Employee accrual. If agreement is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a) and has accrued more than 10 weeks’ paid annual leave. (ii) Where the Employer has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a)subclause 9.4.2(a), the Employer Company may give a written direction to the Employee to take a period or periods of paid annual leave. The direction must state that it is a direction given under subclause 9.4.2(b) of this Agreement. Such a direction must not:  : (i) result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under clause 41.6(c)(iisubclause 9.4.2(c);  ) of this Agreement; (ii) require the Employee employee to take any period of leave of less than one week;  ; (iii) require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;  Employee; (iv) require the Employee employee to take any period of leave commencing more than 12 months after the day the direction is given to the Employeeemployee; or  or (v) be inconsistent with any leave arrangement agreed between the Employer Company and Employee. (iii) . An Employee to whom a direction has been given under this clause subclause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016 (iv) The Employer Company is not to take the direction into account in deciding whether to agree to such a request. Note: The NES state that the Company must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. (v) . If leave is agreed after a direction is issued and the direction would then result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn. (vi) . The Employee must take paid annual leave in accordance with a direction complying with this clausesubclause. (c) Employee may require that leave be granted (i) granted This clause 41.6(c) subclause applies if an Employee employee has had an excessive annual leave accrual for more than six months and the Employer Company has not given a direction under clause 41.6(b)(iisubclause 9.4.2(b) that will eliminate the Employee’s excessive leave accrual. (ii) . If agreement is not reached under clause 41.6(asubclause 9.4.2(a), the Employee employee may give a written notice to the Employer Company that the Employee wishes to take a period or periods of paid annual leave. The notice must state that it is a notice given under subclause 9.4.2(c) of this Agreement. Such a notice must not:  : (i) result in the Employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, agreed that the Employee employee has been directed to take or that the Employee employee has given notice of under this clausesubclause);  ; (ii) provide for the Employee to take any period of leave of less than one week;  ; (iii) provide for the Employee to take any period of leave commencing less than eight weeks after the day the notice is given to the Employer;  Company; (iv) provide for the Employee to take any period of leave commencing more than 12 months after the day the notice is given to the EmployerCompany; or  or (v) be inconsistent with any leave arrangement agreed between the Employer Company and Employee. (iii) . The maximum amount of leave that an Employee can give notice of under this clause is: (iv) The Employer Company must grant the Employee paid annual leave in accordance with a notice complying with this clause. Victorian Public Service Enterprise Agreement 2016 41.7 42. 42.1 42.2 43. 43.1 43.2 43.3 70subclause. (d) Disputes in relation Dispute resolution Without limiting the dispute resolution clause of this award, the Company or an Employee may refer the following matters to the operation of clause 41.6FWC under the dispute resolution clause: (i) a dispute about whether the Company or Employee has requested a meeting and genuinely tried to reach agreement under subclause 9.4.2(a); (ii) a dispute about whether the Company has unreasonably refused to agree to a request by the Employee to take paid annual leave; and (iii) a dispute about whether a direction to take leave complies with subclause 9.4.2(b) or whether a notice requiring leave to be granted complies with subclause 9.4.2(c).