Common use of Excessive Annual Leave Clause in Contracts

Excessive Annual Leave. (a) An Employee has an excessive leave accrual if the Employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by the Award). (b) If an Employee has an excessive leave accrual, the Employer or the Employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual. (c) If an Employer has genuinely tried to reach agreement with an Employee under this clause but agreement is not reached (including because the Employee refuses to confer), the Employer may direct the Employee in writing to take one or more periods of paid annual leave. (d) However, a direction by the Employer under this clause: (i) is of no effect if it would result at any time in the Employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under this clause or otherwise agreed by the Employer and Employee) are taken into account; and (ii) must not require the Employee to take any period of paid annual leave of less than one week; and (iii) must not require the Employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and (iv) must not be inconsistent with any leave arrangement agreed by the Employer and Employee. (e) The Employee must take paid annual leave in accordance with a direction under this clause that is in effect. (f) An Employee to whom a direction has been given may request to take a period of paid annual leave as if the direction had not been given.

Excessive Annual Leave. (a) An Employee has an excessive leave accrual if the Employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by the AwardShift Worker). (b) If an Employee has an excessive leave accrual, the Employer or the Employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual. (c) If an Employer has genuinely tried to reach agreement with an Employee under this clause but agreement is not reached (including because the Employee refuses to confer), the Employer may direct the Employee in writing to take one or more periods of paid annual leave. (d) However, a direction by the Employer under this clause:paragraph 31.12(c): (i) is of no effect if it would result at any time in the Employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under this clause or otherwise agreed by the Employer and Employee) are taken into account; and (ii) must not require the Employee to take any period of paid annual leave of less than one week; and (iii) must not require the Employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and (iv) must not be inconsistent with any leave arrangement agreed by the Employer and Employee. (e) The Employee must take paid annual leave in accordance with a direction under this clause paragraph 31.12(c) that is in effect. (f) An Employee to whom a direction has been given under paragraph 31.12(c) may request to take a period of paid annual leave as if the direction had not been given.

Excessive Annual Leave. (a) An Employee has an excessive leave accrual if the Employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by the Award). (b) If an Employee has an excessive leave accrual, the Employer or the Employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual. (c) If an Employer has genuinely tried to reach agreement with an Employee under this clause but agreement is not reached (including because the Employee refuses to confer), the Employer may direct the Employee in writing to take one or more periods of paid annual leave. (d) However, a direction by the Employer under this clause:paragraph 28.8(c): (i) is of no effect if it would result at any time in the Employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under this clause or otherwise agreed by the Employer and Employee) are taken into account; and (ii) must not require the Employee to take any period of paid annual leave of less than one week; and (iii) must not require the Employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and (iv) must not be inconsistent with any leave arrangement agreed by the Employer and Employeeemployee. (e) The Employee employee must take paid annual leave in accordance with a direction under this clause paragraph 28.8.(c) that is in effect. (f) An Employee employee to whom a direction has been given under paragraph c) may request to take a period of paid annual leave as if the direction had not been given.

Excessive Annual Leave. (a) An Employee has an excessive leave accrual if the Employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by the Award)leave. (b) If an Employee has an excessive leave accrual, the Employer or the Employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual. (c) If an Employer has genuinely tried to reach agreement with an Employee under this clause but agreement is not reached (including because the Employee refuses to confer), the Employer may direct the Employee in writing to take one or more periods of paid annual leave. (d) However, a direction by the Employer under this clause:paragraph 28.8(c): (i) is of no effect if it would result at any time in the Employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under this clause or otherwise agreed by the Employer and Employee) are taken into account; and (ii) must not require the Employee to take any period of paid annual leave of less than one week; and (iii) must not require the Employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and (iv) must not be inconsistent with any leave arrangement agreed by the Employer and Employeeemployee. (e) The Employee employee must take paid annual leave in accordance with a direction under this clause paragraph 28.8.(c) that is in effect. (f) An Employee employee to whom a direction has been given under paragraph c) may request to take a period of paid annual leave as if the direction had not been given.