Request by Employee for Leave. If the Employee has genuinely tried to reach agreement with the Employer under subclause 57.4(b) but agreement is not reached (including because the Employer refuses to confer) the Employee may give a written notice to the Employer requesting to take one or more periods of paid annual leave. However, a notice under this subclause 57.5(b):
(i) may only be given if the Employee has had an excess leave accrual for more than 6 months at the time of giving the notice;
(ii) may only be given if the Employee has not been given a direction under subclause 57.5(a) that, when any other paid annual leave arrangements are taken into account would eliminate the Employee's excess accrual;
(iii) must not, if granted, result in the Employee's remaining accrued entitlement to paid annual leave being, at any time, less than 6 weeks when other paid annual leave arrangements are taken into account;
(iv) must not provide for the employee to take any period of paid annual leave of less than one week;
(v) must not provide for the employee to take a period of paid annual leave beginning less than 8 weeks or more than 12 months, after the notice is given;
(vi) must not be inconsistent with any leave arrangement agreed by the Employer and Employee; and
(vii) must not be for more than 1 full year's entitlement to annual leave as prescribed by 57.1 and 57.2 above.
Request by Employee for Leave. (i) If an employee has genuinely tried to reach agreement with an employer under subclause 20.8(ii) but agreement is not reached, the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(ii) A notice given by an employee under paragraph (i) must not:
(A) provide for the employee to take any period of paid annual leave of less than one week; or
(B) provide for the employee to take a period of paid annual leave beginning less than eight weeks, or more than 12 months, after the notice is given; or
(C) be inconsistent with any leave arrangement agreed by the employer and employee.
(iii) The employer must grant paid annual leave requested by a notice under paragraph (i).
Request by Employee for Leave. 19.6.1. If an Employee has genuinely tried to reach agreement with the Company but agreement is not reached (including because the Company refuses to confer), the Employee may give a written notice to the Company requesting to take one or more periods of paid annual leave. However, an Employee may only give a notice to the Company if:
(a) the Employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
19.6.1. (b) the Employee has not been given a direction under clause 19.5.2 that would eliminate the Employee's excessive leave accrual.
19.6.2. A notice given by an Employee in accordance with clause 19.6.1 must not: 19.6.2.(a) if granted, result in the Employee’s remaining accrued entitlement to paid annual leave being at any time less than 210 hours (6 weeks) when any other paid annual leave arrangements are taken into account; or
Request by Employee for Leave. I. If an employee has genuinely tried to reach agreement with Xxxxxx under clause 34.5.1(II)) but agreement is not reached (including because Xxxxxx refuses to confer), the employee may give a written notice to Xxxxxx requesting to take one or more periods of paid annual leave.
II. However, an employee may only give a notice to Xxxxxx under clause 34.5.3(I) if:
III. the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
IV. the employee has not been given a direction under clause 34.5.2(I) that, when any other paid annual leave arrangements (whether made under clause 34.5.1, 34.5.2 or 34.5.3 or otherwise agreed by Xxxxxx and employee) are taken into account, would eliminate the employee’s excessive leave accrual.”
V. A notice given by an employee under clause 34.5.3(I) must not:
(a) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 34.5.1, 34.5.2 or 34.5.3 or otherwise agreed by Xxxxxx and employee) are taken into account; or
(b) provide for the employee to take any period of paid annual leave of less than one week; or
(c) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(d) be inconsistent with any leave arrangement agreed by Xxxxxx and employee.
VI. An employee is not entitled to request by a notice under clause 34.5.3(I) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 34.2 Seven day shiftworkers) in any period of 12 months.
VII. Xxxxxx must xxxxx paid annual leave requested by a notice under clause 34.5.3(I).
