Payment for long service leave. 28.3.1 The employer must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken. 28.3.2 However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer must pay the employee at the higher rate. 28.3.3 The Company must not reduce an employee's usual rate, before an employee starts long service leave, with intent to avoid the employer's obligation under subsection 28.3.2. 28.3.4 If satisfied the Company has done so, the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave. 28.3.5 If, during the employee's leave-- (a) the ordinary rate is increased above the higher rate--the employer must pay the employee at the increased rate for the part of the leave period that the increased rate applies to; or (b) the ordinary rate is reduced--the employer may pay the employee at the reduced rate for the part of the leave period that the reduced rate applies to. 28.3.6 An employee and employer may agree on the times when, and the way in which, the employee will be paid for long service leave. 28.3.7 The commission may decide any matter relating to payment for long service leave that the employee and employer can not agree on. 28.3.8 An amount payable for long service leave becomes payable at a time agreed between the employee and employer or, if they can not agree, at a time decided by the commission.
Appears in 2 contracts
Samples: Employee Collective Agreement, Collective Agreement
Payment for long service leave. 28.3.1 7.5.3.1 The employer must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken.
28.3.2 7.5.3.2 However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer must pay the employee at the higher rate.
28.3.3 7.5.3.3 The Company must not reduce an employee's usual rate, before an employee starts long service leave, with intent to avoid the employer's obligation under subsection 28.3.27.5.3.2.
28.3.4 7.5.3.4 If satisfied the Company has done so, the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.
28.3.5 7.5.3.5 If, during the employee's leave--
(a) the ordinary rate is increased above the higher rate--the employer must pay the employee at the increased rate for the part of the leave period that the increased rate applies to; or
(b) the ordinary rate is reduced--the employer may pay the employee at the reduced rate for the part of the leave period that the reduced rate applies to.
28.3.6 7.5.3.6 An employee and employer may agree on the times when, and the way in which, the employee will be paid for long service leave.
28.3.7 7.5.3.7 The commission may decide any matter relating to payment for long service leave that the employee and employer can not agree on.
28.3.8 7.5.3.8 An amount payable for long service leave becomes payable at a time agreed between the employee and employer or, if they can not agree, at a time decided by the commission.
Appears in 1 contract
Samples: Enterprise Collective Agreement
Payment for long service leave. 28.3.1 29.3.1 The employer must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken.
28.3.2 29.3.2 However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer must pay the employee at the higher rate.
28.3.3 29.3.3 The Company must not reduce an employee's usual rate, before an employee starts long service leave, with intent to avoid the employer's obligation under subsection 28.3.229.3.2.
28.3.4 29.3.4 If satisfied the Company has done so, the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.
28.3.5 29.3.5 If, during the employee's leave--
(a) the ordinary rate is increased above the higher rate--the employer must pay the employee at the increased rate for the part of the leave period that the increased rate applies to; or
(b) the ordinary rate is reduced--the employer may pay the employee at the reduced rate for the part of the leave period that the reduced rate applies to.
28.3.6 29.3.6 An employee and employer may agree on the times when, and the way in which, the employee will be paid for long service leave.
28.3.7 29.3.7 The commission may decide any matter relating to payment for long service leave that the employee and employer can not agree on.
28.3.8 29.3.8 An amount payable for long service leave becomes payable at a time agreed between the employee and employer or, if they can not agree, at a time decided by the commission.
Appears in 1 contract
Samples: Collective Agreement
Payment for long service leave. 28.3.1 21.3.1 The employer Company must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken.
28.3.2 21.3.2 However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer Company must pay the employee at the higher rate.
28.3.3 21.3.3 The Company must not reduce an employee's usual rate, before an employee starts long service leave, with intent to avoid the employerCompany's obligation under subsection 28.3.2clause 21.3.2.
28.3.4 21.3.4 If satisfied the Company has done so, the commission may order the employer Company to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.
28.3.5 21.3.5 If, during the employee's leave--leave -
(ai) the ordinary rate is increased above the higher rate--the employer Company must pay the employee at the increased rate for the part of the leave period that the increased rate applies to; or
(bii) the ordinary rate is reduced--reduced - the employer Company may pay the employee at the reduced rate for the part of the leave period that the reduced rate applies to.
28.3.6 21.3.6 An employee and employer the Company may agree on the times when, and the way in which, the employee will be paid for long service leave.
28.3.7 21.3.7 The commission Commission may decide any matter relating to payment for long service leave that the employee and employer Company can not agree on.
28.3.8 21.3.8 An amount payable for long service leave becomes payable at a time agreed between the employee and employer Company or, if they can not agree, at a time decided by the commission.
Appears in 1 contract
Samples: Collective Agreement