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Common use of Taking Annual Leave Clause in Contracts

Taking Annual Leave. 29.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ notice to the Employee. 29.3.2 An Employee is required to provide at least one (1) months’ notice of a request to take annual leave however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year. 29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 3 contracts

Samples: Employee Agreement, Employee Agreement, Employee Agreement

Taking Annual Leave. 29.3.1 28.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ days notice to the Employee. 29.3.2 28.3.2 An Employee is required to provide at least one (1) months’ month’s notice of a request to take annual leave leave, however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it 28.3.3 The Employer may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 28.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ weeks notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year. 29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 2 contracts

Samples: Employer Greenfields Agreement, Employee Collective Agreement

Taking Annual Leave. 29.3.1 The Employer and a. An Employee shall seek be granted four weeks (150 hours) annual leave per annum for each year of continuous service. b. Employee may request and the Company may agree to reach agreement on cash out a mutually convenient time (having regard to overall operational and staffing requirements portion of the Company) for Employee’s accrued annual leave with any request to be taken by the Employeemade in writing. Employees must retain an entitlement to at least four (4) weeks paid annual leave following cashing out of any Annual Leave. c. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six accrual exceeds four (64) months or less from weeks, the date when Company will in the right to take annual leave has accrued, after giving at least fourteen (14) days’ notice first instance consult with the Employee regards to the Employee. 29.3.2 An Employee is required to provide at least one (1) months’ notice taking of a request to take annual leave however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall Should a reasonable arrangement not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to themreached within a reasonable timeframe, the Company may then direct the Employee to take annual leave by providing a minimum to which the Company shall provide the Employee four (4) weeks’ notice in writing notice. In all circumstances the Employee must retain an entitlement to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down at least four (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year. 29.3.6 If a public holiday (as prescribed in this Agreement4) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's weeks paid annual leave. 29.3.7 An d. Where practicable, the Company shall give an Employee at least three (3) months’ notice of the date on which annual leave is to commence, provided that where there are particular operational requirements, the Company may direct an employee to take annual leave at a time or times necessary to meet those requirements. e. Subject to sub-clause 14c herein, annual leave shall be taken at such a time as may be mutually agreed between the Company and the Employee and in default of agreement within six (6) months of leave falling due. f. In each year of continuous service an Employee shall not offer their Service to any other Employer during the period the Employee is on paid take one planned absence from work of at least ten (10) consecutive working days, made up of annual leave anddays, the Employer and/or days accrued or rostered paid days off arrangement which may apply from time to time. g. A public holiday falling within a period of annual leave shall not engage an Employee who is on paid annual be counted as part of that leave.

Appears in 2 contracts

Samples: Service Stream Gas Industry Agreement, Service Stream Gas Industry Agreement

Taking Annual Leave. 29.3.1 30.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ days notice to the Employee. 29.3.2 30.3.2 An Employee is required to provide at least one (1) months’ month’s notice of a request to take annual leave leave, however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it 30.3.3 The Employer may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 30.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ weeks notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year. 29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 2 contracts

Samples: Employee Collective Agreement, Employee Collective Agreement

Taking Annual Leave. 29.3.1 27.3.1. The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an the Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ days notice to the Employee. 29.3.2 27.3.2. An Employee is required to provide at least one (1) months’ month’s notice of a request to take annual leave leave, however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it 27.3.3. The Employer may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 27.3.4. Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ weeks notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 27.3.5. The Company may direct Employees an Employee to take any accrued annual leave during the Company’s annual close down (i.e., i.e. Christmas/New Year period). Employees that do If the Employee does not apply for leave during this period they may be required to take annual leave. Where Employees have leave or, where the Employee has not yet accrued such annual leaveleave take annual leave in lieu where industry/operational requirements demand. Where leave is taken in lieu, any future accrued annual leave shall be deducted in accordance with the amount of leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each yearduring the close down. 29.3.6 27.3.6. If a public holiday (as prescribed in this Agreement) falls within an the Employee's annual leave and, is on a day which would have been an nominal ordinary working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 An Employee . Employees shall not offer their Service services to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 1 contract

Samples: Employee Collective Agreement

Taking Annual Leave. 29.3.1 30.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ days notice to the Employee. 29.3.2 30.3.2 An Employee is required to provide at least one (1) months’ month’s notice of a request to take annual leave leave, however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it 30.3.3 The Employer may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 30.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year. 29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.four

Appears in 1 contract

Samples: Employee Collective Agreement

Taking Annual Leave. 29.3.1 The Employer and Employee shall seek to reach agreement 20.2 Leave accrues on a mutually convenient time (having regard to overall operational pro-rata basis and staffing requirements of the Company) for annual leave to may be taken by the Employee. Where an Employee at their initiative following such agreementaccrual, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ notice subject to the Employeeagreement of their manager. 29.3.2 An Employee is required to provide at least one (1) months’ notice of a request to take annual leave however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it 20.3 Telstra may allow direct an Employee to take annual leave before provided the right to take it direction is reasonable. Examples of a reasonable direction include: (a) where Telstra is shutting down all or part of its business for a period (such as over Christmas/New Year); (b) where an Employee has accrued, but where such leave is taken, a further period accrued in excess of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where six weeks' annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the will not be required twelve (12) months service, and the amount paid by the Employer to the Employee for the decrease their annual leave taken exceeds the amount the Employer balance below four weeks. (c) where an Employee who is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee eligible for an extra week’s leave under clause 20.7 as a continuous shift worker has accrued in excess of seven weeks' annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employmentwill not be required to decrease their annual leave balance below five weeks. 29.3.4 Where 20.4 If the period during which an Employee takes paid annual leave includes a period of any other paid leave (eg. personal/xxxxx’s leave), the Employee is taken not to be on paid annual leave for that period of other paid leave. 20.5 If an Employee has five weeks’ or more than eight (8) weeks annual leave entitlement accrued to themaccrued, the Company Employee may direct the Employee choose to take annual leave by providing a minimum four (4) weeks’ notice in writing to the employee. Such direction shall only apply cash out up to a maximum of one quarter of two weeks’ annual leave, provided that the leave credits owing Employee’s remaining accrued entitlement to the employee. 29.3.5 The Company may direct Employees to take any accrued paid annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do would not apply for leave during this period may be required to take result in being less than four weeks’ annual leave. The request to cash out their annual leave must be in writing. Telstra Policy applies to the payment of the benefit and procedures for requesting the benefit. 20.6 An Employee may apply to forego payment of part of their Actual Salary (Category 1 Employees) or Fixed Remuneration (Category 2 Employees), and where approved Telstra will credit the Employee with additional annual leave. The request to buy extra annual leave must be in writing. Telstra Policy applies to the payment of the benefit and procedures for requesting the benefit. 20.7 If an Employee is a seven day shift worker, that is, they are rostered to and work shifts regularly on Sundays and Public Holidays, they will be eligible for an additional week's annual leave after 10 Sundays worked as part of a seven day shift. Where Employees have not yet accrued such fewer than 10 Sundays are worked as part of a seven day shift roster, additional leave will be proportionate (ie. ½ day for each Sunday worked). Where a seven day shift worker works an overtime shift on a Sunday, that work will constitute Sunday work for the purposes of this clause, provided that the overtime shift must be no less than the normally rostered shift hours. The additional week's leave will be for seven consecutive days and includes non-working days. 20.8 For information in relation to the payment of annual leave, the please refer to clause 52 for Category 1 Employees and clause 73 for Category 2 Employees. 21. Personal/carer’s leave 21.1 An Employee will receive 15 days’ personal leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year, which may be taken as either sick leave or a combination of sick leave and carer’s leave. Any unused personal leave accumulates. 29.3.6 If 21.2 Paid personal/carer’s leave is available for absence: (a) due to personal illness or injury; or (b) where an Employee is required to care for an immediate family or household member who is sick. 21.3 An Employee will be entitled to up to a public holiday total of five days’ paid personal/carer’s leave in any calendar year without medical or other supporting evidence. However, medical or other supporting evidence must be provided: (as prescribed a) for absences after the first five days' paid personal/xxxxx's leave in this Agreementthe calendar year; or (b) falls within where a period of personal/xxxxx’s leave exceeds three consecutive days; or (c) where an Employee's annual leave and, is on supervisor requests medical or other supporting evidence within a day which would have been of an nominal working day, then extra Employee resuming work. 21.4 If: (a) an Employee's supervisor requests medical or other supporting evidence; and (b) an Employee has not sought medical evidence; and (c) the absence is one of the first five days of paid personal/xxxxx’s leave in the calendar year, 22. Bereavement/compassionate leave 22.1 An Employee will receive up to three days’ paid bereavement/compassionate leave per occasion: (a) to spend time equivalent to the public holiday shall be added to with a person who is a member of the Employee's annual ’s immediate family or household who has either: (i) sustained a personal injury that poses a serious threat to that person’s life; or (ii) contracted or developed a personal illness that poses a serious risk to that person’s life; or (b) after the death of a member of the Employee’s immediate family or household. 22.2 If Telstra so requests, the Employee must produce evidence of the requirement to take bereavement/compassionate leave. 29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 1 contract

Samples: Enterprise Agreement

Taking Annual Leave. 29.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ notice to the Employee. 29.3.2 An Employee is required to provide at least one (1) months’ notice of a request to take annual leave however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months months’ notice about this closure each year. 29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 1 contract

Samples: Employee Agreement

Taking Annual Leave. 29.3.1 30.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ days notice to the Employee. 29.3.2 30.3.2 An Employee is required to provide at least one (1) months’ month’s notice of a request to take annual leave leave, however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it 30.3.3 The Employer may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 30.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ weeks notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 30.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., ie Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where leave or, where Employees have not yet accrued such annual leaveleave take annual leave in lieu where industry/operational requirements demand. Where leave is taken in lieu, any future accrued annual leave shall be deducted in accordance with the amount of leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each yearduring the close down. 29.3.6 30.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 30.3.7 An Employee shall not offer their Service services to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 1 contract

Samples: Employee Collective Agreement

Taking Annual Leave. 29.3.1 32.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ notice to the Employee. 29.3.2 32.3.2 An Employee is required to provide at least one (1) months’ notice of a request to take annual leave leave, however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it 32.3.3 An Employer may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 32.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ notice in writing to the employeeEmployee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year. 29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 1 contract

Samples: Single Enterprise Agreement

Taking Annual Leave. 29.3.1 26.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ notice to the Employee. 29.3.2 26.3.2 An Employee is required to provide as much notice as possible and preferably at least one (1) months’ notice of a request to take annual leave however, final approval shall lie with the Company. 29.3.3 26.3.3 At the Company’s discretion, it may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 26.3.4 Where an Employee has more than eight six (8) 6) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 26.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., i.e. Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year. 29.3.6 26.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 26.3.7 An Employee shall not offer their Service services to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 1 contract

Samples: Enterprise Agreement

Taking Annual Leave. 29.3.1 30.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ days notice to the Employee. 29.3.2 30.3.2 An Employee is required to provide at least one (1) months’ month’s notice where practical of a request to take annual leave leave, however, final approval shall lie with the Company. 29.3.3 At the Company’s discretion, it 30.3.3 The Employer may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment. 29.3.4 30.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ weeks notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee. 29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year. 29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave. 29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.

Appears in 1 contract

Samples: Employee Collective Agreement