Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis. 17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works. 17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned. 17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down. 17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks. 17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay. 17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due. 17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement. 17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment. 17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 10 contracts
Sources: Employer Greenfields Agreement, Employer Greenfields Agreement, Employer Greenfields Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays1. Annual leave accumulates monthly is prorated and allocated on a pro rata basisan hourly basis per pay period not to exceed the pay period accrual designation. Effective with the implementation of the Banner HR Payroll System employees will be credited with .080875 of an hour annual leave per hour up to the allowable maximum of 6.47 hours per bi-weekly pay period.
17.2 The 2. Annual leave eligibility is accrued during actual time worked, authorized sick leave, annual leave, holidays, leave with pay, or approved union leave with pay.
3. Maximum accruals may not exceed 252 hours.
4. Employees will not be paid for any annual leave entitlement for each part time employee shall be calculated pro rata according accrual upon termination prior to the ordinary hours he or she actually workscompletion of three (3) months of employment.
17.3 The 5. While annual leaves are normally scheduled in accordance with the employee's wishes, the University reserves the right to approve an employee's annual leave in accordance with the needs of the University. Should the needs of the University's business limit the time and/or number of giving employees to be granted annual leave at any specific time, seniority in the department and taking of leave position title shall determine which employees may be by mutual arrangement between the Company and the employee concernedgranted such annual leave.
17.4 The Company 6. Employees may direct an employee be given the opportunity to take utilize all of their accrued vacation in a single instance subject to the provisions of paragraph 5 above.
7. Employees requesting more than two (2) days of annual leave during any shut downwill be required to provide not less than five (5) working days advance written request to their supervisor. The Employer will respond to the request for more than two (2) days of annual leave within two (2) working days of receipt. Employees who request less than two (2) days of annual leave will be required to provide not less than twenty-four (24) hours advance written request to their supervisor. The Employer will respond to request for less than two (2) days of annual leave as soon as practicable. The Employer will respond to the request for annual leave in writing, including any such shut down over providing the Christmas and New Year periodreason for denial, if applicable. In the event of an emergency which precludes giving prior notification, the advance notification requirement may be waived by the University, provided the employee has supplies justification as to why the waiver should be granted.
8. When holidays fall during an employee's annual leave, that day shall be charged to holiday pay rather than to the employee's accrued annual leave balance that will at least cover the period of the shut downtime.
17.5 The Company may direct an employee to take up to a quarter of his 9. Upon separation from employment for reasons other than retirement, death, or her total accrued involuntary termination, employees are paid for unused annual leave entitlement if the credits based on employee’s accrued straight time rate of pay, subject to paragraph 4 above.
10. The maximum credits for which employees may be paid will not exceed 168 Hours.
11. Upon termination for reasons of retirement, death, or involuntary termination, employees or their estate in the case of death may be paid for unused annual leave entitlement exceeds 8 weekscredits not to exceed 252 Hours. Retirement is defined under the provisions of The New Mexico Educational Retirement Act.
17.6 Payment 12. The minimum increment of annual leave submitted for approval shall be one-tenth (1/10) of an hour but may be subject to reduction if there are future computer systems changes.
13. Unless otherwise specified in this Agreement, payment for annual leave taken shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of payemployee's straight-time rate.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 9 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Annual Leave.
17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 7 contracts
Sources: Employer Greenfields Agreement, Employer Greenfields Agreement, Employer Greenfields Agreement
Annual Leave. 17.1 An employee shall be entitled to 32.1 Annual leave is provided for in the NES. This clause supplements the NES provisions. (Note: The NES provides for four weeks annual leave for each twelve months’ service 12 months of service; or five weeks annual leave for some shift workers for each 12 months of service)
32.2 Annual leave shall be given and taken during the non-term weeks following the end of term four in each school year unless otherwise agreed in writing.
32.3 Where, in accordance with the Companyrequirements of the Act, exclusive annual leave is to be recredited this shall occur and the leave be deemed to be taken during the next available non-term weeks other than in the case of public holidaysan employee who is not required to work during the relevant non- term period and is in receipt of averaged pay for that period pursuant to clause 13.2.
32.4 Annual leave loading
(a) During a period of annual leave, an employee will receive a loading calculated on the rate of wage prescribed in clause 17—Minimum wages/salary of this Agreement. Annual leave accumulates monthly loading is payable on a pro rata basis.leave accrued on the following bases:
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the (i) employees who would have worked on day work only had they not been on leave—17.5% of their ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company (ii) employees who would have worked on shiftwork had they not been on leave— 17.5% of their ordinary rate of pay or the applicable shift loading, whichever is the greater.
(b) Except that an employer may, at its election, pay:
(i) annual leave loading to the employee with each salary payment throughout the school year by increasing the annual rate of pay as at the commencement of the school year, or as subsequently varied, by 1.3426%. Where an employer elects to pay annual leave loading with each salary payment throughout the school year, the employer must advise the employee in writing; or
(ii) annual leave loading in respect of the school year to the employee with the first salary payment in December of that school year at the rate of pay applicable on 1 December of that school year.
32.5 Paid leave in advance of accrued entitlement
(a) An employer may agree to allow an employee, whose pay is not averaged pursuant to sub-clause 13.2 of this Agreement, to take annual leave either wholly or partly in advance before the employee has accrued an entitlement to the leave.
(b) Such an agreement shall be in writing and:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(i) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(c) The employer shall keep a copy of any agreement under this sub-clause 32.5 (c) as an employee before the right thereto has accrued duerecord.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 (d) Where paid leave has been granted to an employee in excess of the employee’s accrued entitlement, and the employee subsequently leaves or is discharged from the service of the employer before completing the required amount of service to account for some or all of the leave has accrued dueprovided in advance, with the authorisation of the employee, the Company employer may deduct the balance of the payment from any remuneration payable to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation termination of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled an amount equal to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period amount that was paid to the employee in respect of which any part of the period of annual leave taken in advance to which an entitlement has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyaccrued.
Appears in 5 contracts
Sources: Enterprise Agreement, Enterprise Agreement, Act Christian Schools General Staff Multi Enterprise Agreement 2018 2021
Annual Leave. 17.1
a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) Annual leave will accrue progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) An Employee is terminated by required to give one weeks’ notice of a request to take well-being leave. The Company cannot refuse a request for an Employee to take well-being leave.
(v) On termination the Company or who lawfully leaves the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyan Employee.
Appears in 5 contracts
Sources: Construction Agreement, Construction Agreement, Construction Agreement
Annual Leave. 17.1 An employee This clause applies to persons engaged by the week as defined in the definitions clause of this Agreement.
34.1 All Employees shall be entitled to four weeks weeks’ annual leave in respect of each calendar year of service. Such leave to be paid at the Total Negotiated Rate and before the employee commences the period of leave.
34.2 Such annual leave shall accrue from the first day of employment for rehearsals.
34.3 Where any public holiday falls within such period of leave then an additional day for each twelve months’ service with such public holiday shall be added to the Company, exclusive period of public holidays. Annual leave accumulates monthly on a pro rata basisleave.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of 34.4 Annual leave shall be given at a time fixed by mutual arrangement between the Company Employer within a period not exceeding three months from the date when the right to annual leave accrued and after as much notice as is practicable and in any case not less than three weeks’ notice to the employee concernedEmployee.
17.4 The Company may direct an employee to take annual leave during any shut down34.5 Unless otherwise mutually agreed upon, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall not be made at taken whilst the relevant minimum rate Employee is away from his/her place of pay in clause 19 – Minimum wages, plus a loading residence. If annual leave is given to the Employee whilst on tour the Employer shall provide air (economy) travel to his/her place of 17.5 per cent on that rate residence. Such travelling time shall be outside the Employee's period of payleave.
17.7 The Company 34.6 Annual leave may, by mutual agreement, be given and taken in two separate periods. No such period shall be less than one week.
34.7 If so requested by an Employee the Employer may allow annual leave to be taken by an employee Employee before the right thereto has accrued but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.
34.8 Where an Employee's engagement terminates and the Employee has become entitled to annual leave the Employer shall be deemed to have given the annual leave (or such portion of it as has not been taken by the Employee) from the date of termination of the engagement and shall forthwith pay to the Employee, in addition to all other amounts due to them, his/her Total Negotiated Rate for the period of leave due.
17.8 An employee 34.9 In respect of any period of employment which is less than twelve months such period being computed from the date of the commencement of the engagement (or, where the Employee has no entitlement during the engagement become entitled to annual leave, computed from the date on which he/she became entitled to annual leave), the Employer shall forthwith pay to the payment Employee, in addition to all other amounts due to the Employee an amount equal to one-twelfth of the loading, when his/her Total Negotiated Rate for such period of employment.
34.10 Each Employee before going on annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of shall be paid wages for the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of Total Negotiated Rate ordinary weekly rate being paid to the entitlementEmployee.
17.9 34.11 The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by Subclauses 34.7 and 34.8 above, payment shall not be made or accepted in lieu of annual leave.
34.12 Where annual leave has been granted to an employee Employee pursuant to subclause 34.7 hereof before the leave right thereto has accrued due, due and the Company may deduct Employee subsequently leaves or is discharged from the balance service of the payment to Employer before completing the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period twelve months’ continuous service in respect of which the annual leave has not been takenwas granted, provided that the loading in clause 17.6 shall only be paid in respect Employer may deduct the amount of paid out annual leave for employees who have been employed for a minimum 12 months with such excess from any remuneration payable to the CompanyEmployee under Subclause 34.9 above.
Appears in 4 contracts
Sources: Performers’ Collective Agreement, Performers’ Collective Agreement, Performers’ Collective Agreement
Annual Leave.
17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 3 contracts
Sources: Employer Greenfields Agreement, Employer Greenfields Agreement, Employer Greenfields Agreement
Annual Leave. 17.1 An employee shall be entitled 14.1 Paid Annual Leave entitlements under this Clause apply to four weeks Full-time and Part- time Employees.
14.2 Employees will accrue annual leave for in respect of ordinary hours which are:
(a) worked by the Employee; and/or
(b) taken as authorised leave by the Employee (authorised leave includes Personal Leave, Compassionate Leave and annual leave but does not include periods of Parental Leave.
14.3 Full-time Employees will accrue a maximum of twenty days of annual leave during each twelve months’ service with the Company, exclusive year of public holidays. Annual leave accumulates monthly on continuous service.
14.4 Part-time Employees will accrue a pro rata basisamount of annual leave.
17.2 The 14.5 Payment during a period of annual leave entitlement will be at the Ordinary Rate of Pay with an additional Annual Leave Loading of 17.5%
14.6 Annual leave that an Employee has accrued but not taken will be paid out on termination of employment. Such payment will be at the Ordinary Rate of Pay with an additional Annual Leave Loading of 17.5%.
14.7 An Employee must give the Company not less than two weeks notice of their intention to take Annual Leave. The Company must give the Employee not less than two weeks notice when the Company requires the Employee to take Annual Leave.
14.8 Where the Company agrees, an Employee can take annual leave they have not yet accrued. If an Employee’s employment is terminated for each part time employee shall be calculated pro rata according any reason, the Employee must pay the Company an amount equal to any annual leave taken by the Employee, which they had not yet accrued. Alternatively, at its election, the Company can deduct an amount in lieu of such leave from any monies owing to the ordinary hours he or she actually worksEmployee on termination of the Employee’s employment.
17.3 The time of giving and taking of leave shall be by mutual arrangement between 14.9 An Employee must take Annual Leave within the calendar year in which the Annual Leave is accrued. Where the Company and agrees, an Employee can take Annual Leave within the employee concernedfirst three months of the following calendar year.
17.4 The 14.10 An Employee may only take a maximum period of ten consecutive Annual Leave days in any one period. Where the Company may direct agrees, an employee Employee can take an Annual Leave period that is longer than ten consecutive Annual Leave days.
14.11 Where the Company conducts plant shutdown periods, Employees are required to take annual leave during any shut downthese periods. For the purpose of Annual Leave, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that plant shutdown periods will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up be limited to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weekstwo per year. An Employee will be given one months notice of any intended plant shutdown periods.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 3 contracts
Sources: Concrete Batching Plant Workers’ Agreement, Raw Material Delivery Drivers' Agreement, Concrete Delivery Drivers’ Agreement
Annual Leave. 17.1 An A salaried employee shall be entitled has an entitlement to four weeks annual leave 28 days Company Annual Leave during each holiday year, for each twelve months’ service with employees who are contracted to work less than 161 offshore days the Company, exclusive of public holidaysentitlement is pro-rata. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each forms part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of paid onshore leave and is factored into the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 general work cycle. Payment for annual leave shall be made at is paid in addition to salary, in equal instalments throughout the relevant minimum rate of pay year unless an employee does not carry out the contracted working days offshore in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow which case the annual leave is accrued. Where salaried employees are paid additional payments over and above their annual salary (in line with Salaries and Appendix I), excluding travel allowance, they will be entitled to be taken by an employee before the right thereto has accrued due.
17.8 additional 11.83% holiday pay to provide compensation for average holiday pay. An employee has the right to make an application in writing to designate 28 days per year or their pro rata’d days per year, during the onshore period, as Company Annual Leave. A period of Company Annual Leave cannot be taken in blocks of more than 2 weeks. If an application for Company Annual Leave is approved by the employer, the Salaried Employee will not be required to be available for work or to attend training, medicals or offshore survival courses during that period. Annual leave will continue to be paid as above. The employer has the right to accept or decline an application for Annual Leave in accordance with business or client needs. The employer also has the right to dictate when Company Annual Leave must be taken, should it wish to do so. Unless with prior written agreement, or under the Regulations, there is no entitlement to carry forward any unused entitlement to Company Annual Leave from one year to the payment next. The holiday year is from 1st September until 31st August. In the event of temporary down ▇▇▇▇▇▇▇, salaried employees are obliged to work on any installation, vessel covered by this Agreement or other location onshore as the loadingemployer directs. In the event of a requirement to reduce the number of employees at any work site the employee may be required to work at a different worksite, when annual only once the normal onshore leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted taken. After the normal onshore leave period has been taken the employee must be contactable and available to an employee before the leave has accrued duemobilise. That work may be on a different rota or other work pattern. In that event, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall will not be entitled to a pro rata loss of leave payment calculated under the clause below. The employer will endeavour, so far as reasonably practicable, to offer work based on his the same rota or her relevant minimum rate of pay in clause 19 – Minimum wagesits nearest equivalent. When the employee is temporarily downmanned from the unit to which he/she is assigned, for the period in respect of which annual leave has and redundancy does not been takenapply, provided that the loading in clause 17.6 shall only their normal salary and appropriate allowances will continue to be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companypayable.
Appears in 3 contracts
Sources: Joint Memorandum of Understanding, Joint Memorandum of Understanding, Joint Memorandum of Understanding
Annual Leave. 17.1 An (a) Annual Leave Entitlement - General Full time employees accrue the equivalent of four weeks’ paid annual leave per year. Part-time employees accrue paid annual leave on a pro-rata basis. Annual leave is credited for each completed four week period. Annual leave shall be given and taken in accordance with the following rules:
(i) Annual holiday shall be given and taken either in one consecutive period or two periods which shall be of three weeks’ and one week respectively, or if the employee shall and the employer so agree, three or more separate periods.
(ii) If the employee and the employer agree, leave may be taken wholly or partly in advance of the entitlement being credited to the employee. If the employee is given leave in advance, that employee shall: A not be entitled to four weeks further leave until the amount that is credited to the employee equates to the amount of leave given in advance and the further amount of leave to be taken; B repay on termination of employment any amount of pay for leave given in advance or permit the employer to deduct that amount from any amount otherwise owing to the employee on termination.
(iii) Where the employer requires an employee to take any annual leave for each twelve months’ service with credited to him or her, the Company, exclusive employer shall give an employee at least one month’s notice of public holidays. Annual the date from which the employee’s annual leave accumulates monthly on a pro rata basisis required to be taken.
17.2 The annual leave entitlement for each (iv) In order to allow the temporary closure of part time employee shall be calculated pro rata according to or all of one of the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between employer’s establishments the Company and employer may require the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut downof up to 4 weeks, including to take leave in advance, in which case the employer shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required. Once in any such shut down over the Christmas and New Year 12 month period, provided an employee may elect in writing to forgo up to 2 weeks of accrued annual leave, and receive a monetary payment equal to the amount the employee has an would have received had the employee taken the accrued annual leave balance that will at least cover the period of the shut down.
17.5 leave. The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual will be reduced by the amount of leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employmentpaid out.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 3 contracts
Sources: Workplace Agreement, Workplace Agreement, Collective Agreement
Annual Leave. 17.1 An employee shall be entitled to 32.1 Annual leave is provided for in the NES. This clause supplements the NES provisions. (Note: The NES provides for four weeks annual leave for each twelve months’ service 12 months of service; or five weeks annual leave for some shift workers for each 12 months of service)
32.2 Annual leave shall be given and taken during the non-term weeks following the end of term four in each school year unless otherwise agreed in writing.
32.3 Where, in accordance with the Companyrequirements of the Act, exclusive annual leave is to be recredited this shall occur and the leave be deemed to be taken during the next available non-term weeks other than in the case of public holidaysan employee who is not required to work during the relevant non- term period and is in receipt of averaged pay for that period pursuant to clause 13.2.
32.4 Annual leave loading
(a) During a period of annual leave, an employee will receive a loading calculated on the rate of wage prescribed in clause 17ͶMinimum wages/salary of this Agreement. Annual leave accumulates monthly loading is payable on a pro rata basis.leave accrued on the following bases:
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the (i) employees who would have worked on day work only had they not been on leaveͶ17.5% of their ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company (ii) employees who would have worked on shiftwork had they not been on leaveͶ 17.5% of their ordinary rate of pay or the applicable shift loading, whichever is the greater.
(b) Except that an employer may, at its election, pay:
(i) annual leave loading to the employee with each salary payment throughout the school year by increasing the annual rate of pay as at the commencement of the school year, or as subsequently varied, by 1.3426%. Where an employer elects to pay annual leave loading with each salary payment throughout the school year, the employer must advise the employee in writing; or
(ii) annual leave loading in respect of the school year to the employee with the first salary payment in December of that school year at the rate of pay applicable on 1 December of that school year.
32.5 Paid leave in advance of accrued entitlement
(a) An employer may agree to allow an employee, whose pay is not averaged pursuant to sub-clause 13.2 of this Agreement, to take annual leave either wholly or partly in advance before the employee has accrued an entitlement to the leave.
(b) Such an agreement shall be in writing and:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(i) be signed by the employer and employee and, if the employee is under 18
(c) The employer shall keep a copy of any agreement under this sub-clause 32.5 (c) as an employee before the right thereto has accrued duerecord.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.(d) tŚĞƌĞ ƉĂŝĚ ůĞĂǀĞ ŚĂƐ ďĞĞŶ ŐƌĂŶƚĞĚ ƚŽ Ă
Appears in 3 contracts
Sources: General Staff Multi Enterprise Agreement, General Staff Multi Enterprise Agreement, General Staff Multi Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part 23.1 Every full-time employee shall be calculated pro rata according to at the ordinary end of each year of employment become entitled to:
23.1.1 Annual leave of 152 hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.'s ordinary time earnings;
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus 23.1.2 Plus a loading of 17.5 per cent on that rate of paythe appropriate rates prescribed in clause 9 for each of the four weeks up to a maximum total payment equivalent to one week of Average Weekly Earnings.
17.7 23.1.3 Pro-rata entitlements shall apply to part-time employees.
23.2 The Company may allow annual leave to shall be given and taken:
23.2.1 In four consecutive weeks or, if the employee and the employer agree, in such separate periods as are agreed; and
23.2.2 Before the expiration of six months after the leave right accrues, provided that leave may be deferred in whole or part by agreement between the employee and the employer.
23.3 If the employer and the employee agree, the annual leave may be taken by an employee in whole or in part in advance before the right thereto has accrued due.
17.8 An employee has no entitlement become entitled to the payment Annual Leave. In such circumstances accrual of further annual leave entitlements shall not commence until after the expiration of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect year of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been partly or wholly taken.
23.4 The employer must:
23.4.1 Give each employee at least seven (7) days' notice of the date from which annual leave shall be taken;
23.4.2 Pay the pay and loading entitlements for the leave period in advance to each employee before the employee's leave commences.
23.5 Where any public holiday for which the employee is entitled to payment occurs during a period of annual leave, provided that the loading in clause 17.6 period of leave shall only be paid increased by one day in respect of paid out that holiday.
23.6 Payment shall not be made by the employer to any Permanent Employee in lieu of any annual leave entitlement, nor shall such payment be accepted by the employee; provided that where employment is terminated the employer shall:
23.6.1 Pay to the employee all outstanding leave entitlements and pro-rata payments for employees who have been employed the partially completed current year;
23.6.2 Be entitled to make a deduction from any outstanding monies for any leave taken in advance of a minimum 12 months with period of uncompleted employment.
23.7 A year of employment shall be deemed to be unbroken notwithstanding:
23.7.1 Any annual or long service leave, personal or accident leave not exceeding fourteen days or work interruption brought about by the Companycompany - in such circumstances the periods shall be counted as part of the year of employment;
23.7.2 Any other leave which is granted, imposed or agreed to by the employer, or any other absence not involving termination of employment - in such circumstances the period shall not be counted as part of the year of employment.
Appears in 2 contracts
Sources: Market & Social Research Industry Agreement, Market & Social Research Industry Agreement
Annual Leave. 17.1 20.1 Employees covered by this Agreement shall earn annual leave in accordance with the following schedule: Effective January 1, 2012 Years of Service 1st year to 8th year 9th year to 16th year 17th year to 24th year 25th year to 32nd year 33rd year and upwards Entitlement for each completed month of continuous service 1-1/4 days per month (3 weeks) 1-2/3 days per month (4 weeks) 2-1/12 days per month (5 weeks) 2-1/2 days per month (6 weeks) 2-11/12 days per month (7 weeks) A completed month shall be a calendar month in which a minimum of ten (10) days' pay is received.
20.2 An employee retiring on account of age or disability shall be granted full Annual leave in that year.
20.3 An employee separated from the service of the Corporation in any way other than that provided in Article 20.2 shall be granted or paid for Annual leave accrued at the date of separation. Annual leave granted in excess of earned credits shall be retained from any amount payable to a separated employee.
20.4 Employees may carry over to the next calendar year ten (10) days or one-half (1/2) of the previous year's Annual leave entitlement, whichever is the greater. Any extension will require the approval of the Corporation.
20.5 Employees shall receive a vacation bonus in each year of $50.00 per week of vacation entitlement (excluding furlough and special leave credits transferred to Annual leave) for that year and payment shall be made in April. Any bonus paid in excess of entitlement shall be recovered from any amount payable to a separated employee other than a deceased employee.
20.6 Salary will be paid during Annual leave at the rate of an employee's regular classification or at his acting rate if it has been in force for at least fifteen (15) days, or if he is on acting rate as a result of a bulletined assignment.
20.7 Scheduled Annual leave shall only be cancelled for unforeseen circumstances. Prior cancellation of approved Annual leave will entitle the employee affected to reimbursement of any loss occasioned by the cancellation.
20.8 An employee recalled during his period of Annual or Compensatory Leave shall be paid during such recall at double his regular or acting rate and he shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut downmissed leave at a later date.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave 20.9 Employees covered by this Agreement shall be made at the relevant minimum rate advised in January of pay in clause 19 – Minimum wages, plus a loading each year of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the their balance of the payment to the employee for that Annual leave period from whatever remuneration is payable to him or her upon the cessation of employmentcredits.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. 17.1
a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES and as provided for by this agreement.
b) Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for the purpose of the NES, such an Employee shall be entitled to four five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for each twelve months’ lost opportunities for working overtime.
d) Annual leave will accrue progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and staffing requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisApproval shall not be unreasonably withheld.
17.2 The f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement for each part time employee shall be calculated pro rata according accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the ordinary hours he or she actually worksEmployee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
17.3 The time of giving and taking of leave shall be by mutual arrangement between i) Provided an Employee receives 4 weeks-notice, the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take any accrued annual leave during any shut the Company’s annual close down, including any such shut down over e.g., the Christmas and Christmas/ New Year period, provided .
j) Well-being leave
(i) In addition to the employee has an accrued annual leave balance that entitlement set out in clause 23 a), an Employee will at least cover the period accrue an additional 1.385 hours of the shut down.
17.5 The Company may direct an employee to take well-being leave on each occasion they perform work on a Saturday and/or Sunday up to a quarter maximum of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks5 days in any calendar year.
17.6 Payment for annual (ii) This well-being leave shall be made at shown on the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due Employee’s payslip and the loading is then payable in respect Employee must utilise this leave before accessing annual leave. Where functionality of payroll software prevents the period of such leave and is calculated Company from providing the above prescribed information on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee’s payslip, the Company may deduct the balance shall provide a summary of the payment well-being leave balance to the employee for that leave period from whatever remuneration is payable to him or her Employee upon the cessation of employmentrequest.
17.10 (iii) An employee whose employment employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) An Employee is terminated by required to give one weeks’ notice of a request to take well-being leave. The Company cannot refuse a request for an Employee to take well-being leave.
(v) On termination the Company or who lawfully leaves the employment value of any accrued but untaken well-being leave shall be entitled paid to a pro rata payment calculated on his or her relevant minimum rate an Employee.
(vi) Accruals for Well-being leave will commence from 1/5/2023.
(vii) For the purposes of pay in this clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companycalendar year is January through to December.
Appears in 2 contracts
Sources: Construction Agreement, Enterprise Agreement
Annual Leave. 17.1 19.1. The Employees will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until the Employee has completed 12 months of continuous service, except where the Company agrees to allow the Employee to take Annual Leave in advance of this.
19.2. The Cents Per Kilometre rates set out in the table in clause 9.1, include 1.5cpk as payment for an employee’s Annual Leave and Leave Loading. This amount is higher than the Award Entitlement and has been rounded up to 1.5cpk. The Company will withhold the 1.5cpk from the Employee’s weekly wage and the Employee will be paid this amount for their Annual Leave and Leave Loading at the time they take it.
19.3. An employee shall be entitled paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service and that they were not dismissed as a result of their behaviour or performance before completing 12 months continuous service. Leave Loading is not payable on unused Annual Leave entitlements when they are paid out at the end of the employees’ employment.
19.4. The Employees must, subject to four weeks annual leave for the Act, take at least half of their Annual Leave accrual each twelve months’ service with year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the Annual Leave that they accrue in any one year, subject to the Company’s agreement. The maximum amount of Annual Leave that can be cashed-out in any one year is two weeks for a full-time employee. Cashed-out Annual Leave will be paid at the Annual Leave rate of pay applicable at the time that the Employee makes the election to cash-out that amount of Annual Leave. If the Employee chooses to cash-out some Annual Leave under this Clause, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall this payment will be calculated pro rata according made to the ordinary hours he or she actually works.
17.3 The Employee within a reasonable time of giving and taking of leave shall be by mutual arrangement that is agreed between the Company and the employee concernedEmployee at the time that the Employee makes the election to cash-out that amount of Annual Leave.
17.4 19.5. The Company may direct require an employee Employee to take annual leave during any shut downsome or all of their accrued Annual Leave, including any such shut down over in accordance with the Christmas Act, as and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated nominated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with Company gives the CompanyEmployee at least 14 days notice.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. 17.1 An employee shall be (a) Full-time employees are entitled to four 4 weeks annual leave for each twelve months’ service with the Company, exclusive (20 days) of public holidays. paid Annual leave accumulates monthly Leave accruing pro rata by pay period.
(b) Part-time employees accrue Annual Leave on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according (c) Employees are expected to the ordinary hours he or she actually works.
17.3 The time provide reasonable notice of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee their intention to take annual leave during and approval is subject to work requirements at the time. In this regard, due consideration needs to be paid to the seasonal fluctuations of the business and leave arrangements will generally be structured to account for these.
(d) Employees are expected to utilise Annual Leave within 12 months of it accruing.
(e) The Employer may direct the Employee to take annual leave with the giving of one month’s notice.
(f) Annual Leave may not be paid out except on termination of employment or in the following circumstances:
(1) In any shut downyear, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee apply to take cash in up to a quarter 2 weeks of his or her total accrued their annual leave entitlement if provided that
(2) The employee has had at least 2 weeks off on Annual Leave in the previous year and, after deduction of the amount cashed in, retains a balance of at least 2 weeks of annual leave
(3) Once payment is effected in line with Clause 15(f)(1)-(2), the company’s obligations in relation to the amount of leave so paid out shall be fully satisfied and the employee shall make no further claim in relation to the amount of leave so paid out and
(4) The Company reserves the right to determine whether or not it agrees to the employee’s accrued request at the time it is made.
(5) The application to cash in Annual Leave must be in writing. Employee may elect to have annual leave entitlement exceeds 8 weeks.
17.6 Payment for in single day increments. Where an Employee elects to take such annual leave adequate notice shall be made at given to the relevant minimum rate of pay in clause 19 – Minimum wages, plus a Company. Annual leave loading of 17.5 per cent 17.5% shall be paid on that rate of pay.
17.7 The Company may allow all annual leave to be taken by an employee before the right thereto has accrued dueentitlements.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. 17.1 An employee shall be (1) Employees are entitled to annual leave as specified in the NES. The following paragraphs are to be read subject to the NES.
(2) Period of leave Full time employees accrue four (4) weeks paid annual leave for each twelve months’ year of service with the Company.
(a) An employee is considered a shift worker, for the purposes of the additional week of annual leave under the NES, if they are a seven (7) day shift worker who is regularly rostered on Sundays and public holidays.
(b) Annual leave accrues progressively during each year of service and is cumulative. However annual leave does not accrue during certain periods, including periods of unpaid leave or absence.
(3) Rate of payment The weekly rate of payment of annual leave (excluding casuals) will be either the average weekly earnings for the previous twelve (12) months (but excluding payments resulting from the ‘cashing out’ of Long Service Leave entitlements), or the ordinary weekly rate prescribed in the appropriate Wages Schedule plus 17.5%, whichever is the greater.
(4) Annual leave exclusive of public holidays. holidays Subject to this clause, the annual leave prescribed by this clause will be exclusive of any public holiday prescribed by this Agreement and if any such holiday falls within the employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there will be added to that period one (1) day for each such holiday falling as explained in this subclause.
(5) Calculation of month For the purpose of this clause a month will be reckoned as commencing with the beginning of the first day of the employment in question and as ending at the beginning of the day which in the latest month in question has the same date number as that which the commencing day had in its month and if there be no such day in such subsequent month will be reckoned as ending at the end of such subsequent month.
(6) Cashing out of annual leave An employee may cash out part of their accrued annual leave entitlements, provided:
(a) The employee has at least four (4) weeks accrued annual leave remaining after the cashing out of a portion of their annual leave;
(b) Each cashing out of a particular amount of annual leave must be by a separate agreement in writing between the employee and the Company; and
(c) The employee must be paid the full amount that would have been payable to the employee had the employee taken leave that the employee has forgone.
(7) Time of taking leave Annual leave accumulates monthly on is to be taken at a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement times agreed between the Company and the employee concernedemployee.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Sources: Enterprise Agreement, Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks Annual leave is accrued, in any annual leave for each twelve months’ service with the Companyyear, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The basis (at 8% of gross earnings, to date, given an annual leave entitlement of four weeks); • Each employee will receive a new entitlement to annual leave on the date of that employee’s anniversary of appointment; and • A new annual-leave year will begin, at that time, for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of that employee; • Annual leave shall be taken within the annual-leave year; • The granting of annual leave will be considered on the basis of any accrued entitlement; • The employer may grant annual leave in advance of the accrued entitlement; • Any request by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during in advance of accrued entitlement must be in writing; • The employer may seek repayment for any shut downannual leave granted in advance of accrued entitlement, including any such shut down over at a time where an employee leaves their employment with the Christmas and New Year period, provided centre; • There will be a period of closure for a minimum of two (2) weeks at the end of the each calendar year to allow for employees to take a minimum two (2) weeks uninterrupted weeks of leave. • The employer shall not agree that where an employee is sick or injured (or her/his partner or dependant is sick or injured) on a public holiday that the employee has an accrued annual leave balance that will at least cover can take the period of the shut down.
17.5 sickness or injury as sick leave; given • The Company may direct centre is not open on such public holidays; • The employer shall agree that where an employee to is sick or injured when on annual leave, the employee can take up to a quarter the period of his sickness or her total accrued injury as sick leave rather than annual leave entitlement if the employee’s accrued provided that all annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to can be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment end of the loading, annual –leave year; • The employer shall require a medical certificate for periods where and employee is sick or injured (or her/his partner or dependant is sick or injured) when on annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wagesleave, for the period in respect any such day or days, unless there are exceptional circumstances; otherwise • The employer shall require a medical certificate for periods of which annual absence on sick leave has not been takenexceeding three (3) days, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyunless there are exceptional circumstances.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. 17.1 An employee shall Employee (other than a casual Employee) will be entitled to four weeks paid annual leave of 4 weeks (for each twelve months’ service with 12-month period of continuous service) based on 36 hours per week at the Company, exclusive of public holidays. Annual Wage Rate applying to the Employee immediately prior to the leave accumulates monthly on a pro rata basis.
17.2 The plus an annual leave entitlement for each part time employee shall loading of 17.5% (plus Leading Hand allowance if applicable). For the period, if any, that an Employee is engaged as a continuous shift worker as defined by this Agreement, they will be calculated pro entitled to a pro-rata according accrual of 5 weeks (maximum) of annual leave per annum. An Employee who would have received shift loadings prescribed by this Agreement had they not been on annual leave, will forgo the annual leave loading and will be entitled to the ordinary hours he higher shift loadings. The loading prescribed in 7.1(a), will apply to accrued but untaken annual leave on termination. If the period during which an Employee takes paid annual leave includes a public holiday, the Employee is taken not to be on paid annual leave on that day. The Company may direct Employees to take accrued annual leave on one month's notice, the Company will generally close down the Project for one or she actually works.
17.3 The more weeks over the Christmas - New Year period and in these cases, Employees will generally be required to ensure that they have sufficient annual Leave remaining to enable them to take leave for the period of the shutdown. In the event that they do not have annual leave or RDO accruals, the Employee may be required to take leave without pay for such period or a combination of annual leave, RDO's and leave without pay. Except as directed, annual leave will be taken at a time of giving and taking of leave shall be by mutual arrangement agreed between the Company and the employee concerned.
17.4 The Company may direct an employee to take Employee. Unless otherwise agreed, one month's notice of the intended start of annual leave during will be given by the Employee. Annual leave may be taken in any shut down, including any such shut down over combination of days or weeks agreed between the Christmas Company and New Year period, provided the employee Employee. An Employee(s) going on leave will be paid their wages in accordance with the normal pay cycle unless alternative arrangements have been agreed to with the Company before the leave is taken. Where an Employee has an accrued exhausted their annual leave balance that entitlements, leave without pay may be considered by the Company and approval of such leave will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate Company's sole discretion. In circumstances where an Employee has used all types of leave accruals, for example; annual leave, sick leave, RDO etc, the Employee must make a formal request in writing for leave without pay in clause 19 – Minimum wages, plus providing a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual valid reason for such a request. If leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement without pay is granted to the payment Employee, the Employee will not accrue any entitlements for the duration of the loadingleave without pay. Accrued, when but untaken, annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated paid out on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation termination of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Sources: Project Agreement, Project Agreement
Annual Leave. 17.1 An employee shall be entitled A Salaried Employee has an entitlement to four weeks annual leave for 28 days Company Annual Leave during each twelve months’ service with the Company, exclusive of public holidaysholiday year. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each forms part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of paid onshore leave and is factored into the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 general work cycle. Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 is included within salary. An employee has the right to make an application in writing to designate 28 days per year, during the onshore period, as Company Annual Leave. A period of Company Annual Leave cannot be taken in blocks of more than 2 weeks. If an application for Company Annual Leave is approved by the employer, the Salaried Employee will not be required to be available for work or to attend training, medicals or offshore survival courses during that period. The employer has the right to accept or decline an application for Annual Leave in accordance with business or client needs. The employer also has the right to dictate when Company Annual Leave must be taken, should it wish to do so. Unless with prior written agreement, or under the Regulations, there is no entitlement to carry forward any unused entitlement to Company Annual Leave from one year to the payment next. The holiday year is from 1st September until 31st August. Salaried Employees will receive salary payments during periods of approved Company Annual Leave in the loadingusual way, when annual which shall be regarded as Company Annual Leave pay. In the event of temporary down ▇▇▇▇▇▇▇, Salaried Employees are obliged to work on any installation, vessel covered by this Agreement or other location onshore as the employer directs. In the event of a requirement to reduce the number of employees at any work site the employee may be required to work at a different worksite, only once the normal onshore leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted taken. After the normal onshore leave period has been taken the employee must be contactable and available to an employee before the leave has accrued duemobilise. That work may be on a different rota or other work pattern. In that event, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall will not be entitled to a pro rata loss of leave payment calculated under the clause below. The employer will endeavour, so far as reasonably practicable, to offer work on his the basis of the same rota or her relevant minimum rate of pay in clause 19 – Minimum wagesits nearest equivalent. During the temporary downman Salaried Employees will continue to receive salary. When the employee is temporarily downmanned from the unit to which he/she is assigned, for the period in respect of which annual leave has and redundancy does not been takenapply, provided that the loading in clause 17.6 shall only usual salary and appropriate allowances will continue to be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companypayable.
Appears in 2 contracts
Sources: Joint Memorandum of Agreement, Joint Memorandum of Agreement
Annual Leave. 17.1 23.1 The Employees will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until an Employee has completed 12 months of continuous service, except where ▇▇▇▇▇▇▇▇▇ agrees to allow an Employee to take Annual Leave in advance of this.
23.2 Payment for Annual Leave will be made at the rate of an employee’s Weekday Flat Hourly rate set out in the table in clause 16.1, for a maximum of 38 hours per week of leave, and is inclusive of Leave Loading.
23.3 An employee shall be entitled to four weeks annual leave for each twelve months’ paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service with the Company, exclusive and that they were not dismissed as a result of public holidays. Annual leave accumulates monthly on a pro rata basistheir behaviour or performance before completing 12 months continuous service.
17.2 23.4 The annual leave entitlement for each part time employee shall be calculated pro rata according Employees must, subject to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to Act, take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period half of their Annual Leave accrual each year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the shut down.
17.5 Annual Leave that they accrue in any one year, subject to ▇▇▇▇▇▇▇▇’▇ agreement. The Company may direct an employee to take up to maximum amount of Annual Leave that can be cashed- out in any one year is two weeks for a quarter of his or her total accrued annual leave entitlement if the full-time employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall . Cashed-out Annual Leave will be made paid at the relevant minimum Annual Leave rate of pay in clause 19 – Minimum wagesapplicable at the time that the Employee makes the election to cash-out that amount of Annual Leave. If the Employee chooses to cash-out some Annual Leave under this Clause, plus this payment will be made to the Employee within a loading reasonable time that is agreed between ▇▇▇▇▇▇▇▇▇ and the Employee at the time that the Employee makes the election to cash-out that amount of 17.5 per cent on that rate of payAnnual Leave.
17.7 The Company 23.5 Fletchers may allow annual leave require an Employee to be taken take some or all of their accrued Annual Leave, in accordance with the Act, as and when nominated by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, ▇▇▇▇▇▇▇▇▇ provided that ▇▇▇▇▇▇▇▇▇ gives the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the CompanyEmployee at least 14 days notice.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. 17.1 An Each employee of this Unit shall be entitled to four weeks accrue and accumulate annual leave for each twelve months’ at various rates as set forth below based on length of continuous service with the Company, exclusive of public holidayssuch employee. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according used to provide for paid time off on legal holidays which are normally scheduled work days and for other forms of personal paid leave including, but not limited to, employee development leave. Less than 2 years 30 days Two (2) years less than six (6) years 33 days Six (6) years less than eight (8) years 35 days Eight (8) years or more 40 days Employees may carry over a maximum of twenty (20) unused leave days from one fiscal year to the ordinary hours he next succeeding fiscal year. Employees who begin to work after the beginning of the fiscal year shall receive a proration of the annual accrual based on their start work date. Employees who leave prior to the end of the fiscal year shall receive an adjustment in their annual accrual based on their length of service in their final year. Employees who separate during the year and who have used more than their annual accrual, shall have a proportionate adjustment from their final paycheck. Any employee leaving prior to the end of the first full year of employment shall have no vested accrual. Employees who reach the maximum leave balance, inclusive of any carry over, shall cease to accrue any additional paid time off. Employees who now are provided with paid legal holidays or she actually works.
17.3 The other supplemental paid time of giving and taking of leave off benefits established by mutual agreement may continue to receive such benefits. However, in no case shall maximum annual accrual exceed 40 days. Any employee hired after September 24, 2002 shall be by mutual arrangement between limited to the Company accrual rates as provided in this section, and will not be eligible for additional paid time off. For Obstetricians/Gynecologists and Anesthesiologists who are in-house when taking call, in any pay period in which a county recognized holiday falls, if the employee works a minimum of 80 hours in that pay period, and takes in-house call the employee's leave accruals shall not be deducted if the employee is not scheduled to work on that holiday. Inversely, if the employee does not work a minimum of 80 hours in the pay period a holiday falls and the employee concerned.
17.4 The Company may direct an employee is not scheduled to take work on that holiday, then the employee's annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave accrual shall be made at deducted the relevant minimum rate total number of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave hours needed to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee complete 80 hours for that leave period from whatever remuneration is payable to him particular pay period. This section shall not affect the paid legal holidays or her upon supplemental paid time off benefits established by mutual agreement defined in the cessation of employmentparagraph above.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Annual Leave. 17.1 An employee Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for each twelve months’ service with the Company, exclusive of public holidaysfull-time and pro-rata for part-time status. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement Remuneration for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made paid at the relevant minimum normal weekly rate plus the addition of pay in clause 19 – Minimum wagesa loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, plus a loading of 17.5 per cent on that rate of pay.
17.7 which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Company Employer may allow require annual leave to be taken by when the Employer shuts down the business, or any part of the business in which an employee before works. This may occur for example during the right thereto has accrued due.
17.8 An employee has no entitlement period between Christmas and New Year. Unused annual leave accumulates from year to year, but the payment Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the loading, when accumulated annual leave is taken wholly or partly in advancecredit. Upon the termination of an Employee’s employment with the Employer, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall Employee’s will be entitled to a pro rata payment calculated on his or her relevant minimum in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay in clause 19 – Minimum wages, for at the period in respect time the election is made. The maximum amount of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect an Employee can forego during each 12 month period of paid out annual leave employment is 2 weeks for employees who have been employed full-time status and pro-rata for a minimum 12 months with the Companypart-time status.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. 17.1 23.1 The Employees will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until an Employee has completed 12 months of continuous service, except where ▇▇▇▇▇▇▇▇▇ agrees to allow an Employee to take Annual Leave in advance of this.
23.2 Payment for Annual Leave will be made at the rate of an employee’s Weekday Flat Hourly rate set out in the table in clause 16.1, for a maximum of 38 hours week of leave, and is inclusive of Leave Loading.
23.3 An employee shall be entitled to four weeks annual leave for each twelve months’ paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service with the Company, exclusive and that they were not dismissed as a result of public holidays. Annual leave accumulates monthly on a pro rata basistheir behaviour or performance before completing 12 months continuous service.
17.2 23.4 The annual leave entitlement for each part time employee shall be calculated pro rata according Employees must, subject to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to Act, take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period half of their Annual Leave accrual each year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the shut down.
17.5 Annual Leave that they accrue in any one year, subject to ▇▇▇▇▇▇▇▇’▇ agreement. The Company may direct an employee to take up to maximum amount of Annual Leave that can be cashed- out in any one year is two weeks for a quarter of his or her total accrued annual leave entitlement if the full-time employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall . Cashed-out Annual Leave will be made paid at the relevant minimum Annual Leave rate of pay in clause 19 – Minimum wagesapplicable at the time that the Employee makes the election to cash-out that amount of Annual Leave. If the Employee chooses to cash-out some Annual Leave under this Clause, plus this payment will be made to the Employee within a loading reasonable time that is agreed between ▇▇▇▇▇▇▇▇▇ and the Employee at the time that the Employee makes the election to cash-out that amount of 17.5 per cent on that rate of payAnnual Leave.
17.7 The Company 23.5 Fletchers may allow annual leave require an Employee to be taken take some or all of their accrued Annual Leave, in accordance with the Act, as and when nominated by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, ▇▇▇▇▇▇▇▇▇ provided that ▇▇▇▇▇▇▇▇▇ gives the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the CompanyEmployee at least 14 days notice.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an a full time employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeksweeks (or pro rata in the case of a part time employee).
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Sources: Employer Greenfields Agreement, Employer Greenfields Agreement
Annual Leave. 17.1 An employee shall be 9. 1 On commencement, Allied/Professional staff are entitled to four five weeks paid annual leave for each twelve months’ service with the Company, exclusive of public holidaysper annum. Annual leave accumulates monthly on must be taken at a pro rata basis.
17.2 The time agreed by the Polytechnic who will not unreasonably withhold consent. If the Polytechnic and Employee are unable to reach agreement, or for an annual leave entitlement for each part time employee shall be calculated pro rata according to closedown period, the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between Polytechnic can require the Company and the employee concerned.
17.4 The Company may direct an employee Employee to take annual leave on 14 days' notice.
9.2 Staff with less than 1 year service will be entitled to 5 weeks annual leave per year on commencement with effect from 1 January 2022. This includes fixed term staff who are employed for less than a year.
9.3 Leave year means a year ending on 31 December, except in the employees first year of service.
9.4 The Employee's pay during annual leave will be the Employee's average weekly earnings during the previous 12 months, or current ordinary weekly pay whichever is the greater.
9.5 If the Employee, the Employee's spouse or a dependent is sick or injured while the Employee is taking annual leave, the Employee can ask to have some of that leave transferred to sick leave. The Polytechnic will consider the request having regard to the relevant circumstances at the time and take into consideration any shut downmedical certificate provided.
9.6 If the Employee suffers bereavement before or during annual leave, including the Employee can take the bereavement leave to which they would have been entitled had the Employee been working. The Polytechnic will then transfer the relevant period of annual leave to bereavement leave.
9.7 If the Employee, the Employee1s spouse, or a dependent is sick or injured before the Employee takes annual leave, the Employee can replace any such shut down over period of sickness or injury that would have been annual holiday with sick leave, within the Christmas and New Year period, provided limits of the employee has an Employee's accrued entitlements.
9.8 The Employee may use accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of as sick leave or bereavement leave if all his or her total accrued annual leave entitlement if has been used, but must notify the employee’s accrued annual leave entitlement exceeds 8 weeksPolytechnic in writing that the Employee wishes to do so.
17.6 Payment for annual leave shall be made at 9.9 The Ministry of Business Innovation and Employment (visit www.mbie.govt.nz.Jor phone ▇▇▇▇ ▇▇ ▇▇ ▇▇) can provide additional information about the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no Employee's entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementleave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 2 contracts
Sources: Collective Employment Agreement, Collective Employment Agreement
Annual Leave. 17.1 An employee shall be 12.1 Full time employees are entitled to four 4 weeks annual leave for each twelve months’ service with the Company, exclusive of public holidaysper 12 months continuous service. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part Part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be employees are entitled to a pro rata payment calculated entitlement based on his or her relevant minimum the average number of ordinary hours worked per week.
12.2 An Employee’s entitlement to annual leave accrues on the basis of the rate of pay in clause 19 – Minimum wages1/13 of the number of ordinary hours worked during each 4 week period of continuous service. Annual leave is credited on a monthly basis.
12.3 Annual leave does not accrue during any period of unpaid leave or unpaid absences greater than 20 consecutive working days.
12.4 Annual leave can be taken by employees requesting to take some or all of the annual leave which has been credited to them subject to authorisation by the City. The City will not unreasonably refuse a request to take annual leave credited to an Employee, for however authorisation is subject to the period operational requirements of the workplace.
12.5 An Employee before going on leave shall be paid the ordinary salary they would have received in respect of which the ordinary time they would have worked had they not been on leave during the relevant period.
12.6 During a period of annual leave has not been takenan Employee shall receive a loading of 17.5% or the appropriate shift loading, provided that whichever is the loading in clause 17.6 greater, calculated on the rate of ordinary salary prescribed by this Agreement.
12.7 An Employee shall only be paid in respect of paid out entitled to additional annual leave for employees who have been employed for a minimum after the completion of 12 months with service if they are required to work in a section of the CompanyCity where:
12.7.1 Shifts are continuously rostered 24 hours a day for 7 days a week; and
12.7.2 The Employee is regularly rostered to work these shifts; and
12.7.3 The Employee regularly works on Sundays and Public Holidays; The additional annual leave shall accrue on the basis of 1/52 of the Employee’s ordinary hours worked as a shift worker throughout the 12 month period. For an Employee working on the basis of a 38 hour week the additional annual leave shall be 38 hours. The additional leave is only available to be taken by the Employee after 12 months service.
12.8 Women’s Refuge employees and Security Patrol Officers who are required to work ordinary hours after 6.00pm and on Saturday and Sunday shall be entitled to 5 additional days leave.
Appears in 1 contract
Annual Leave. 17.1 An employee shall be entitled to 23.3.1 Annual leave consisting of four (4) weeks annual leave for each twelve months’ service with and two (2) days at the Companyordinary rate of pay, balance exclusive of public holidaysholidays observed on working days will be granted to an employee, after each twelve (12) months service and, will be taken as soon as is mutually convenient after its accrual. An employee’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year. Annual leave accumulates monthly will be required to be taken on a pro rata roster basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company 23.3.2 KEE may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided by giving at least four (4) weeks prior notification where the employee has an accrued accumulated in excess of eight (8) weeks annual leave.
23.3.3 KEE will pay each employee on a fortnightly basis during the annual leave balance that period.
23.3.4 On resignation or termination of employment, ▇▇▇ will pay to the employee any accrued but unused annual leave.
23.3.5 Where an employee receives a varying rate of pay for six (6) months in the aggregate in the preceding twelve (12) month period, the employee's ordinary rate of pay will be deemed to be the average weekly rate of pay earned during the period actually worked over the twelve (12) months immediately preceding the annual leave or the right to payment under this clause.
23.3.6 Annual leave will be required to be taken on a roster basis. The minimum period for such leave will be one (1) day unless special circumstances prevail. Employees may change the roster by mutual agreement between themselves and the works coordinator.
23.3.7 Recrediting annual leave and Long Service Leave
(i) An employee who becomes ill or injured whilst on annual or long service leave is entitled to have the leave recredited and replaced with sick leave subject to KEE being satisfied that:
(a) the illness or injury resulted in the employee being unable to derive benefit from the leave, and
(b) the illness or injury did not arise from the employee engaging in other employment, and
(c) the period of illness or injury is at least five (5) consecutive working days, and
(d) the employee will be returning to work at the conclusion of the leave; and
(e) the employee has enough sick leave to cover the period of the shut downillness or injury.
17.5 The Company (ii) KEE may direct an require the employee to take up provide satisfactory medical evidence to a quarter of his or her total accrued annual leave entitlement if justify the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment recrediting of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementleave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 33.1 Employees are entitled to six weeks of annual leave per year accrued progressively.
33.2 An employee shall be entitled and CouncilBIZ may agree to an Employee request to cash out up to two weeks of annual leave in any 12 month period, subject to:
(a) the employee having at least four weeks of annual leave for remaining after the cashing out;
(b) each twelve months’ service with cashing out of annual leave being by a separate agreement in writing between CouncilBIZ and the Company, exclusive employee;
(c) the employee being paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has foregone; and
(d) the employee having taken at least three weeks of public holidays. Annual annual leave accumulates monthly on a pro rata basisin the preceding 12 months or taking at least three weeks of annual leave at the same time as the cashing out.
17.2 The 33.3 Employees will be paid annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksloading of 17.5 per cent when taking annual leave.
17.3 The 33.4 Payment in lieu of accrued annual leave, including annual leave loading, will be paid on termination of employment.
33.5 Except as specified in this Section, annual leave will be taken at such a time of giving and taking of leave shall be by mutual arrangement between the Company mutually convenient to CouncilBIZ and the employee concernedemployee.
17.4 The Company 33.6 Employees may direct an employee be required to take annual leave during any shut down, including any such shut down over the a Christmas and New Year period, provided the closedown.
33.7 Where an employee has an more than 8 weeks of accrued annual leave balance that will at least cover leave, CouncilBIZ may require the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued sufficient annual leave entitlement if to reduce the employee’s accrued annual leave entitlement exceeds 8 to 6 weeks.
17.6 Payment for . The annual leave shall is to be made taken at a mutually agreeable time where reasonably possible. Where the relevant minimum rate employee and CouncilBIZ are unable to agree on the timing of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow the annual leave to be taken by taken, CouncilBIZ may specify the timing of the annual leave as long as the employee is provided with at least 8 weeks and no more than 6 months of notice.
33.8 Where an employee before has an Annual Leave balance in excess of 12 weeks for more than six months and the right thereto has accrued due.
17.8 An employee has no entitlement genuinely tried to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due reach agreement with CouncilBIZ without success and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave CouncilBIZ has been granted not issued a direction to an employee before the leave has accrued duetake leave, the Company employee may deduct the balance of the payment give notice to CouncilBIZ that the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall will be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual taking leave for employees who have been employed for a minimum specified period, subject to:
(a) The amount of leave to be taken is at least one week and not more than four weeks and does not reduce the employee’s Annual Leave balance to less than six weeks;
(b) The employee provides the CouncilBIZ with at least 8 weeks’ notice and no more than 12 months with the Companymonths’ notice.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 17.1. The Employees will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until the Employee has completed 12 months of continuous service, except where the Company agrees to allow the Employee to take Annual Leave in advance of this.
17.2. An employee Employee shall be entitled paid for their Annual Leave at the rate of the employee’s Award Base Weekly rate set out in the table in clause 9.1, plus 17.5% Leave Loading.
17.3. The Employees must, subject to four weeks annual leave for the Act, take at least half of their Annual Leave accrual each twelve months’ service with year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the Annual Leave that they accrue in any one year, subject to the Company’s agreement. The maximum amount of Annual Leave that can be cashed-out in any one year is two weeks for a full-time employee. The Employee may then work during the period of the ‘cashed out’ Annual leave. If the Employee opts to ‘Cash Out’ any Annual Leave under this clause, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall this payment will be calculated pro rata according made to the ordinary hours he or she actually works.
17.3 The Employee within a reasonable time of giving and taking of leave shall be by mutual arrangement that is agreed between the Company and the employee concernedEmployee at the time that the Employee makes the election to cash-out that amount of Annual Leave.
17.4 17.4. The Company may direct require an employee Employee to take annual leave during some or all of their accrued Annual Leave, in accordance with the Act, as and when nominated by the Company provided that the Company gives the Employee at least 14 days notice.
17.5. An Employee shall be paid any shut down, including any such shut down over the Christmas and New Year periodunused accrued Annual Leave when their employment ceases, provided the employee has an accrued annual leave balance that will they have had at least cover the period one month of the shut down.
17.5 The Company may direct an employee to take up to continuous service and that they were not dismissed as a quarter result of his their behaviour or her total accrued annual performance before completing 12 months of continuous service. No leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration Loading is payable to him or her upon the cessation on termination of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. 17.1 An employee shall be Full time and part time employees are entitled to four weeks 4 weeks' paid annual leave for in each twelve months’ service with the Companyyear of employment, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisto be taken at times agreed between you and your employer.
17.2 The Annual leave accrues on a pro-rata basis throughout the year, is cumulative and is paid out upon termination of employment.
17.3 When you take annual leave entitlement leave, you will be paid at your Ordinary Wage Rate for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concernedyou would have otherwise worked during that period.
17.4 The Company may direct an employee If you would like to take annual leave, please apply to us as soon as possible and no later than 4 weeks prior to the anticipated leave. We will only refuse your request to take annual leave during any shut downon reasonable business grounds. Cashing out of annual leave
17.5 If you make a request to receive payment instead of taking annual leave, including any such shut down over we can agree in writing to the Christmas and New Year period, cashing out of your annual leave provided the employee has an accrued that your annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 after any cashing out is no less than 4 weeks.
17.6 Payment for Any agreement to cash out an amount of annual leave shall must state the amount of annual leave to be cashed out, the payment to be made at to the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent employee and the date on that rate of paywhich the payment will be made.
17.7 The Company may allow maximum amount of annual leave to that may be taken by cashed out in any 12 month period is 2 weeks. Excess Leave Accruals
17.8 If an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment an excess accrual of the loading, when paid annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is (being more than 8 weeks’ annual leave) then payable in respect of the we can direct you to take a period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementannual leave.
17.9 Where A direction to take a period of annual leave has been granted must not be for a period of less than 1 week, commence sooner than 8 weeks or later than 12 weeks from the direction date, or result in your remaining leave accrual being less than 6 weeks at the time of you taking the directed leave.
(a) A direction to an employee before the take a period of annual leave has accrued due, the Company may deduct the balance of the payment to must not:
(i) Require the employee for that to take a period of paid annual leave period from whatever remuneration beginning less than 8 weeks, or more than 12 months, after the direction is payable to him or her upon given; and
(ii) Be inconsistent with any leave arrangement agreed by the cessation of employmentemployer and the employee.
17.10 An employee whose employment is terminated by If you have an excessive leave accrual, then either you or the Company employer can confer with the other and genuinely try to reach an agreement on how to reduce or who lawfully leaves eliminate the employment shall be entitled excessive leave accrual.
17.11 You may only give notice to a pro rata payment calculated on his the employer to request to take one or her relevant minimum rate more periods of pay in clause 19 – Minimum wages, for the period in respect of which paid annual leave has if you have genuinely tried and failed reach an agreement under clause 17.10 and if:
(a) You have had an excessive leave accrual for more than 6 months at the time of giving notice; and
(b) You have not been takengiven a direction in line with clause 17.10 that when any other paid annual leave arrangements are taken into account, provided that would eliminate your excessive leave accrual.
17.12 No annual leave loading is payable under this Agreement as it has been incorporated into the loading Ordinary Wage Rates in clause 17.6 shall only be paid in respect Minimum Wage Rate Schedule of paid out this Agreement. Additional week of annual leave for employees NES shiftworkers
17.13 For the purpose of the NES, a shiftworker means an employee who have been employed regularly works on a Sunday or a public holiday ("regularly" means more than 34 Sundays and 6 public holidays in a year) in a workplace where shifts are continuously rostered 24 hours a day for 7 days a minimum 12 months with the Companyweek.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 37.1 A full-time employee is entitled to 20 working days annual leave on full pay for each year of service (or the pro rata equivalent for part-time employees). Annual leave will be calculated on a calendar year basis commencing on January 1 in each year and will be credited one year in advance on this date.
37.2 An employee shall who is first appointed from a date after January 1 will be entitled to four weeks pro-rata annual leave for each twelve months’ continuous service with to December 31 of that year. Such leave will be credited in advance on the Company, exclusive date of public holidays. commencement.
37.3 Annual leave accumulates monthly on a pro rata basismay be taken at any time during the year, subject to the approval of the University.
17.2 The 37.4 Annual leave must be taken prior to January 31 of the year after it falls due, subject to operational requirements of the relevant Work Unit and where it is reasonable to do so. Where leave is carried over the employee and Head of Work Unit will agree on when this leave will be taken to avoid excess accrued annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksleave.
17.3 The time of giving and 37.5 If an employee has excess accrued annual leave, the taking of such leave shall will be managed in accordance with this Agreement and leave procedures established by mutual arrangement between the Company and the employee concernedUniversity.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an 37.6 Where accrued annual leave equals or exceeds 30 days leave or equivalent hours (or the pro rata equivalent for part-time employees) the employee may be requested to submit a leave plan to reduce accrued leave to below 30 days at a mutually agreeable time within 12 months.
37.7 If no leave plan is submitted within 4 weeks of issuing a notice the Head of Work Unit can direct the employee by providing 8 weeks’ notice to take leave of up to 20 days over the following 6 months or the amount of leave required to reduce the balance of accrued leave to below 30 days over the following 12 months, where it is reasonable to do so.
37.8 Cashing out of Annual Leave
37.8.1 An employee who has accrued more than 20 days annual leave may make an application to the Director Human Resources or nominee to cash out annual leave on reasonable grounds, including financial hardship, subject to retaining a balance of no less than 20 days annual leave after such cashing out.
37.8.2 Any annual leave cashed out by an employee will be paid in the full amount that will at least cover would have been payable to the employee had the employee taken the period of the shut downleave being cashed out.
17.5 The Company may direct 37.9 Where an employee to take up to a quarter ceases employment before the accrual of his or her total accrued any annual leave already taken, the University will recover the value of the unearned pro- rata portion, calculated using the salary rate as at the date the leave was taken. No recovery will occur in the event of the death of the employee.
37.10 Payment of the base salary instead of annual leave will be made for any entitlement if to annual leave accrued but not taken on termination. Where termination of employment is due to the employee’s accrued death, such payment will be made to the employee’s estate.
37.11 If the period during which an employee takes annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at includes a University observed public holiday prescribed in Clause 50.1, the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement is entitled to the payment of the loading, when public holiday and will not be on annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementleave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An employee A. Employees covered by this agreement shall be entitled to four weeks accumulate annual leave for each twelve months’ service in accordance with the Company, exclusive following schedule based on years of public holidays. Annual leave accumulates monthly on a pro rata basis.continuous service: 0 through 4 10.58 Hours More than 4 through 12 12.12 Hours More than 12 through 20 13.66 Hours More than 20 through 26 14.89 Hours More than 26 16.12 Hours
17.2 B. The annual leave entitlement for each part time accrual rates listed in the table immediately above include the accrual of the annual leave referred to in Section 17, Holidays and Holiday Pay.
C. The annual leave accruals will be capped at the following levels
1. Employees hired before February 1, 2009, are eligible to accumulate annual leave up to the amount which can be accumulated in four (4) years.
2. Employees hired on or after February 1, 2009, are eligible to accumulate annual leave up to the amount which can be accumulated in three (3) years.
D. Effective January 1, 1997, No employee shall be calculated pro rata according allowed to accrue annual leave above the maximum allowed accumulation from all sources of annual leave accrual at any time unless one of the following exceptions is granted by the Director of Human Resource City Manager, or designate:
1. An exception shall be granted by the Director of Human Resources City Manager or his/her designate in the event that an injury or illness to the ordinary hours he employee, or she actually works.
17.3 the employee serving on jury duty precludes that employee from using accrued annual leave. To be considered for this exception, the Director of Human Resources City Manager must be informed of the circumstances surrounding the need to allow for the exception before an employee's annual leave accumulation reaches the maximum. The time of giving and taking of leave employee shall be by mutual arrangement between paid for any accrual in excess of the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave maximum which occurs during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of time the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued was precluded from using annual leave entitlement if due to the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 circumstances listed above. Payment for such annual leave shall be made at the relevant minimum rate of employee's current pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of payrate.
17.7 2. The Company may allow Director of Human Resources City Manager, or designate, shall grant an exception in cases where an employee's scheduled annual leave to was canceled by the Chief of Police. To be taken by an employee before considered for this exception the right thereto has accrued due.
17.8 An employee has no entitlement to the payment Director of Human Resources City Manager must be informed of the loading, when circumstances surrounding the need to allow for the exception before an employee's annual leave is taken wholly or partly accumulation teaches the maximum. The employee shall be paid for any accrual in advance, until an entitlement accrues due and the loading is then payable in respect excess of the period of such leave and is calculated on maximum caused by the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing cancellation of the entitlement.
17.9 Where leave has been granted to an employee before scheduled annual leave. In no circumstance, shall the leave has accrued due, amount of payment exceed the Company may deduct the balance amount of the payment to the employee for vacation that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated was canceled by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate Chief of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the CompanyPolice.
Appears in 1 contract
Sources: Memorandum of Understanding
Annual Leave. 17.1 An employee shall (a) Full-time Employees will be entitled to four 4 weeks of annual leave each year, accrued gradually as time is worked. Shiftworkers will be entitled to an additional 1 week of annual leave as set out in the NES.
(b) For the additional 1 week of annual leave provided for each twelve months’ service with in the CompanyNES, exclusive of a shiftworker is a 7-day shiftworker who is regularly rostered to work on Sundays and public holidays. Annual .
(c) Part-time Employees shall accrue annual leave accumulates monthly on a pro rata basis.
17.2 (d) Annual leave will be paid at the ordinary hourly rate of pay under this Agreement, at the time the Employee takes annual leave, and this excludes overtime, shift loadings, weekend penalty rates, special rates, travel and fares and expense reimbursements.
(e) When an Employee takes a period of annual leave, the Employee will be paid an annual leave loading of 17.5%.
(f) The annual leave entitlement for each part time employee shall be calculated pro rata according loading prescribed will also apply to the ordinary hours he accrued and outstanding leave on termination, except where an Employee is summarily dismissed by reason of malingering, inefficiency, neglect of duty, misconduct or she actually worksrefusing duty.
17.3 The time of giving and taking of (g) Annual leave shall be taken at a time which is approved by mutual arrangement between the Company Employer as being convenient having regard to overall operational and ▇▇▇▇▇▇▇ requirements of the employee concerned.
17.4 The Company may direct an employee Employer. Employees shall be required to provide at least 4 weeks’ notice of a request to take annual leave during any shut down, including any such shut down over unless otherwise agreed by the Christmas Employer and New Year period, Employee.
(h) An Employee may take annual leave in advance of completing 12 months service provided the employee taken amount doesn’t exceed the Employee’s pro rata accrued entitlement. On termination, any amount taken in advance which has an not accrued annual leave balance that will at least cover the period of the shut downand is outstanding may be withheld from any owed wages.
17.5 The Company may direct an employee to take up to a quarter (i) On termination of his or her total employment, the value of any accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for but untaken annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of paypaid out to an Employee.
17.7 The Company may allow (j) Where an Employee has more than 8 weeks annual leave accrued, or 10 weeks annual leave for shiftworkers, the Employer may direct the Employee to take annual leave. Any direction under this subclause:
(A) shall not result in the Employee having less than 6 weeks annual leave when taking into account any other annual leave
(B) must not require the Employee to take any period of annual leave of less than 1 week.
(C) must be given at least 8 weeks (and not more than 12 months) prior to the taking of the annual leave; and
(D) must not be inconsistent with any leave arrangement agreed by the Employer and Employee.
(k) The Employer may direct an Employee to take any accrued annual leave during the Employer’s annual close-down. The type of leave (RDO or annual leave) to be taken for the Christmas/New Year period will be negotiated. The Employer must provide at least 2 months’ written notice of the close-down or a shorter period if agreed upon by an employee before the right thereto has accrued dueEmployer and the majority of affected Employees.
17.8 An employee has no entitlement (l) Annual leave may be cashed out by agreement between the Employer and Employee, subject to the following:
(A) the agreement must be in writing and signed by the Employer and Employee (if the Employee is less than 18 years of age, the agreement must be signed by a parent or guardian).
(B) the date for payment is to be made must be specified in the agreement.
(C) the payment must not result in the Employee having a remaining balance of less than 4 weeks.
(D) the loading, when maximum amount of accrued paid annual leave that may be cashed out in any 12-month period is taken wholly or partly in advance, until an entitlement accrues due and 2 weeks; and
(E) the loading is then payable in respect Employer must keep a copy of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementany agreement.
17.9 Where (m) must not be inconsistent with any leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated arrangement agreed by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.Employer and Employee
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An 17.1.1 All eligible full-time and part-time employees are entitled to annual leave. For each year of service with their Employer, an employee is entitled to 4 weeks of annual leave. The employee shall be entitled to four weeks accrue paid annual leave for each twelve months’ service with the Company, exclusive progressively during a year of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata servic e according to the ordinary employee’s agreed hours he or she actually worksof work, and this shall accumulate from year to year.
17.3 The time of giving and taking of 17.1.2 Any accrued untaken annual leave shall be by mutual arrangement between the Company and the employee concernedpaid out on termination.
17.4 17.1.3 An employee is entitled to take an amount of annual leave during a particular period if:
(a) The Company may direct an amount of annual leave is credited to the employee; and
(b) The employee has provided a minimum of two weeks’ notice; and
(c) The Employer has authorised the employee to take annual leave during that period. This authorisation by the Employer is subject to the operational requirements of the workplace, but the Employer shall not unreasonably refuse or revoke and authorisation.
17.1.4 Employees shall receive an annual leave loading of 17.5% in addition to the entitlements to annual leave contained within this clause.
17.1.5 Paid annual leave must not be cashed out except in accordance with this clause.
(a) An Employer and an Employee may agree to the Employee cashing out a particular amount of the Employee’s accrued paid annual leave provided that the following requirements are met:
(b) each cashing out of a particular amount of accrued paid annual leave must be by a separate agreement between the Employer and the Employee which must:
(i) be in writing and retained as an Employee record;
(ii) state the amount of accrued leave to be cashed out and the payment to be made to the Employee;
(iii) state the date on which the payment is to be made, and
(iv) be signed by the Employer and Employee and, if the Employee is under 18 years of age, the Employees’ parent or guardian;
(c) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave at the time that is cashed out;
(d) paid annual leave must not be cashed out more than two weeks’ accrued annual leave in any shut down, including any such shut 12-month period.
17.1.6 The Employer may close the business down over during the Christmas and – New Year period, provided the employee has an accrued . The Employer may direct employees to take accumulated annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual unpaid leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay during this time in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months accordance with the CompanyRelevant Award.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An A full-time permanent employee shall be is entitled to four 4-weeks paid annual leave for each twelve months’ service with completed year of service, up to 2 weeks of which may be cashed out at the Companywritten election of the employee. A part-time permanent employee is entitled to pro-rate of 4-weeks paid annual leave for each completed year of service, exclusive up to 2 weeks of public holidayswhich may be cashed out at the written election of the employee. The calculation of the actual amount of annual leave will be determined based on the actual number of hours the employee works per week. The pay rate for annual leave is the employee's ordinary base rate at the time the annual leave is taken, plus a 17.5% Annual Leave Loading. Annual leave accumulates monthly on must be taken at a pro rata basis.
17.2 time mutually agreed by the employer with a minimum notice period of 2-weeks given. The annual leave entitlement for each part time employee shall is cumulative, i.e. unused balances carry over from year to year. Annual leave should be calculated pro rata according to taken within 12-months of the ordinary hours he or she actually works.
17.3 The time entitlement; a maximum accrual of giving and taking of 8 weeks applies. If the leave shall be by mutual arrangement between is not taken within 12-months, the Company and the employee concerned.
17.4 The Company employer may direct an the employee to take leave giving one month's notice. Employees with Annual Leave balances greater than those stipulated by Clause 31.6, 31.7 & 31.8 of the Building and Construction General On-site Award [MA000020] will be consulted on how to reduce those balances. Any agreement to cash out annual leave during any shut downwill be in accordance with the Fair Work Act 2009 – Section 93, including any such shut down over specifically:
(a) Paid annual leave must not be cashed out if the Christmas cashing out would result in the employee's remaining accrued entitlement to paid annual leave being less than 4 weeks; and
(b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and New Year period, provided the employee; and
(c) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone. If an eligible employee leaves their employment, or is dismissed for any reason, they will receive on termination, a payment in lieu of any accrued annual leave, which will include any applicable leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wagesloading applied, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for as though the period in respect of which annual employee had taken the leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyemployee has forgone.
Appears in 1 contract
Sources: Multi Enterprise Agreement
Annual Leave. 17.1 An employee shall be 21.1 Employees are entitled to four (4) weeks annual leave for each twelve months’ (12) months completed service in accordance with this clause 21.
21.2 Subject to this clause 21, each Employee's entitlement to annual leave accrues on the Company, exclusive basis of public holidays. 1/13 of the number of Nominal Hours Worked during each fortnight.
21.3 Each fortnight the Employer will credit to an Employee the amount (if any) of annual leave accrued by the Employee under clause 21.2 since the Employer last credited to the employee an amount of annual leave accrued under that clause.
21.4 Annual leave accumulates monthly on a pro rata basisdoes not accrue during any period of unpaid leave.
17.2 The 21.5 Employees may take accrued annual leave entitlement for each part time employee shall be calculated pro rata according either:
(a) by the Employee requesting to take some or all annual leave which has been credited to them, subject to authorisation by the ordinary hours he or she actually worksEmployer; or
(b) the Employer directing the Employee to take accrued annual leave by giving a minimum of two (2) weeks' notice.
17.3 The time of giving and taking of 21.6 FIFO Cycle Employees may only take annual leave shall be by mutual arrangement between the Company and the employee concernedFIFO cycles.
17.4 21.7 The Company may direct an employee Employer will not unreasonably refuse a request to take annual leave during any shut down, including any such shut down over credited to an Employee however authorisation is subject to the Christmas and New Year period, provided operational requirements of the employee has an accrued workplace.
21.8 Any untaken annual leave balance that will at least cover in one year accumulates to the next year.
21.9 Each twelve month period Employees may cash out up to two (2) weeks' annual leave by written agreement with the Employer.
21.10 Subject to clause 21.11 shift workers are also entitled to accrue an additional amount of paid annual leave, for each completed 12 month period of continuous service with an employer, of 1/52 of the shut downnumber of Nominal Hours Worked by the employee, for the Employer, as a shift worker during that 12 month period.
17.5 The Company may direct 21.11 For the purposes of clause 21.10 shift worker means an employee who:
(a) is employed in a business unit in which shifts are continuously rostered twenty (24) hours a day for seven (7) days a week; and
(b) is regularly rostered to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weekswork those shifts; and
(c) regularly works on Sundays and public holidays.
17.6 Payment 21.12 For Basic Rate System Employees, payment for annual leave shall will be made at the relevant minimum rate Basic Rate of pay Pay applicable at the time the personal/carer's leave was taken in clause 19 – Minimum wages, plus a addition to annual leave loading calculated at 17.5% of 17.5 per cent on that rate the applicable Basic Rate of payPay.
17.7 The Company may allow 21.13 For Composite Rate System Employees, payment for annual leave to will be taken by an employee before the right thereto has accrued duemade in accordance with clause 25.2.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Employment Agreement
Annual Leave. 17.1 An employee 14.1 Annual leave is provided for in the NES.
14.2 For each year of service, the NES entitles Employees to:
(a) 4 weeks of paid annual leave; or
(b) 5 weeks of paid annual leave if the Employee is a continuous shift worker.
14.3 For the purposes of this Agreement a continuous shift worker shall be entitled defined as an Employee engaged to four weeks annual leave for work in a system of consecutive shifts throughout the 24 hours of each twelve months’ service with of at least six (6) consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the Company, exclusive control of public holidays. Annual leave accumulates monthly on a pro rata basisthe Employer) and who is regularly rostered to work those shifts.
17.2 14.4 The annual amount to be paid to an Employee prior to going on leave entitlement must be worked out on the basis of the greater of:
(a) the amount the Employee would have been paid for each part time employee shall be calculated pro rata according to the working ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if including loadings, penalties and allowances paid for all purposes; but excluding payments in respect of overtime, or any other payment which might have been payable to the employeeEmployee as a reimbursement for expenses incurred; or
(b) the Employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, for ordinary hours under Clause 7; plus a an annual leave loading of 17.5 per cent on that rate of pay17.5%.
17.7 14.5 An Employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave. The Company may allow amount to be paid must be worked out in accordance with Clause 14.4.
14.6 Where an Employee works in a remote location or on cycle work made up of working days and non-working days, a period of paid annual leave to be includes the working days and the non-working days during the period.
14.7 Where an Employee works in a remote location or on cycle work made up of working days (on-duty period) and non-working days (off-duty period), the Employer may reasonably require that:
(a) any period of annual leave taken by an employee the Employee is a multiple of the on-duty period and/or the off-duty period under the Employee’s work cycle; or
(b) the Employee takes annual leave in accordance with the work cycle.
14.8 An Employer and Employee may agree in writing to the Employee taking a period of paid annual leave before the right thereto Employee has accrued due.
17.8 An employee has no an entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementleave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Mining Enterprise Agreement
Annual Leave. 17.1 An a) All employees covered by this Agreement are entitled to 4 weeks paid annual leave after each 12 months of continuous service. Shiftworkers are entitled to one extra week of annual leave. A loading of 17.5% of ordinary weekly pay will be paid whilst you are on annual leave. If an employee works part time, the annual entitlement will be pro rata based on the employee’s ordinary hours worked.
b) Annual Close Down: Annual leave may be rostered throughout the year, may be split over a number of occasions tosuit the business requirements and employee preferences and/or be taken during annual close-down. The time and lengths of period of close down shall be entitled addressed through consultation between management and affected employees at any location. A minimum of one month's notice of close down should be provided.
c) The parties to four weeks this Agreement agree to work toward the implementation of a system for scheduling the taking of annual leave for each twelve months’ service with such that the Company, exclusive ’s annual leave liability (defined as the total amount of public holidays. Annual accrued annual leave accumulates monthly on a owing to employees) can be reduced without disruption to the business.
d) The parties to this Agreement further agree that: • Employees who have more than 8 weeks of accrued annual leave (not including pro rata basis.
17.2 The annual leave) are required to schedule and take at least 25% of their accrued annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 year; • The time of giving scheduling and taking of annual leave shall be by mutual arrangement between spread over each calendar 12 month period to avoid the Company and the employee concerned.
17.4 The Company may direct an employee circumstances where there are more than 2 employees per work section rostered to take annual leave during any shut downat the same time; • However, including any such shut down over the Christmas where special circumstances exist and New Year period, provided where the employee has an accrued obtained written authorisation from the Distribution Centre Manager, he or she may accrue annual leave balance that will at least cover the for a maximum period of 2 years, without being required to take such leave. Where the shut downemployee has received such authorisation, the employee will agree with the Distribution Centre Manager at the time of seeking authorisation, on an agreed date when such annual leave will be taken.
17.5 e) Annual leave cash out: An employee covered by this Agreement, may at the employee’s own election but on not more than one occasion in each 12 month period, make a request to the Company in writing, to be able to cash out (or receive pay in lieu of taking) an amount up to a maximum of 2 weeks annual leave (including any annual leave loading normally payable on such leave) on the condition the cashing out would result in the employee’s remaining accrued entitlement for paid annual leave not to be less than 4 weeks. The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if authorise the employee’s accrued request and the Company has the right to reject any request for payment. If the request is authorised, the employee is entitled to an equivalent amount of pay to the leave foregone and the employee’s leave balance will be reduced by that amount. Each cashing out of a particular amount of paid annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall must be made at by a separate agreement in writing between the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due employer and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementemployee.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Distribution Agreement
Annual Leave. 17.1 An employee shall be Fulltime and Part-time Employees are entitled to four weeks accrue an amount of paid annual leave, for each completed 4 week period of continuous service with an Employer, of 1/13 of the number of nominal hours worked by the Employee for the Employer during that 4 week period. An Employee can only take a period of annual leave for each twelve months’ service with once the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basishas accrued and been credited to the Employee.
17.2 The annual leave entitlement for each part time employee Employer shall be calculated pro rata according to give the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will Employee at least cover the period 14 days' notice of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for date from which such Employee's annual leave shall be taken.
17.3 Should an Employee wish to apply to take annual leave, they must provide written request directly to the Employer at least 14 days before the desired start date of leave. Approval will be made at the relevant minimum discretion of the Employer and will be based on the operational requirements of the business.
17.4 Annual leave loading is not payable at the time of taking leave, as it has been incorporated into the loaded hourly wage rate.
17.5 Employees may request to cash out up to two weeks of their credited annual leave entitlement every 12 months (or the pro-rata equivalent for part-time Employees). Employees who wish to cash out annual leave must complete the election which is included as Attachment 3 to this Agreement. Cashed out annual leave is paid at the rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of paythe Employee receives at time when the election is made.
17.7 The Company 17.6 Any leave accrued prior to signing this Agreement will be carried over and at the time of taking such leave will be paid at the wage rate the Employee was in receipt of prior to signing this Agreement with any relevant loadings that may allow annual have applied. By written agreement between the Employer and Employee, accrued leave can be elected to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable paid out at the accruing time of the entitlementsigning this agreement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Employee Collective Agreement
Annual Leave. 17.1 a) An employee Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES. Casual Employees shall have no entitlement to annual leave.
b) Employees will be entitled to four weeks paid annual leave per annum. Where an Employee is engaged in continuous Shift Work, including as a Shiftworker for each twelve months’ the purpose of the NES, such an Employee shall be entitled to five weeks paid annual leave per annum.
c) Annual leave shall be paid at the basic periodic rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%, in compensation for lost opportunities for working overtime.
d) Annual leave will accrue progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and ▇▇▇▇▇▇▇ requirements of the Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the Company.
f) An Employee may take annual leave in advance of completing 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, plus an annual leave loading of 17.5%.
h) Where an Employee has more than 8 weeks (10 weeks for a shift worker) annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum 4 weeks’ notice to the Employee. The Company may only direct an Employee to take a maximum one quarter of the leave credits owing to the Employee.
i) Provided an Employee receives 4 weeks-notice, the Company may direct an Employee to take any accrued annual leave during the Company’s annual close down, e.g., the Christmas/ New Year period. Close-down shall be deemed to mean a period of not less than two consecutive weeks, inclusive of public holidays, provided that the close-down period may not extend for longer than three consecutive weeks, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.,
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An employee 22.1 Full-time employees who have completed 12 months continuous service with the RFDS shall be entitled to four 4 consecutive weeks annual leave on full pay for each twelve months’ service completed year of service. Except as otherwise provided for in this Agreement, the provisions of the Workplace Relations Act 1996 (Cth) shall apply, including in respect of an employee’s entitlement to cash out annual leave.
22.2 Broken Hill based employees are entitled to one weeks further leave on full pay in addition to their entitlement under Clause 22.1 of this Agreement.
22.3 Annual Leave may be taken in one or more separate periods as agreed between the employee and RFDS or as directed by the RFDS with the Companygiving of 4 weeks notice.
22.4 An employee before proceeding on annual leave shall have the option of being paid his or her salary for the period of leave to be taken.
22.5 On termination, exclusive an employee shall be paid:
(a) an amount for all untaken annual leave entitlements which have fallen due in relation to any completed years of public holidays. Annual leave accumulates monthly on service;
(b) for any period of employment which is less than one year, a pro rata basis.
17.2 The annual leave amount calculated at the rate of 1/365 of the entitlement in 22.1 or 22.2 as applicable for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time completed day of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been takengranted.
22.6 Where annual leave has been granted to an employee in advance of that employee becoming entitled to such leave, provided that and the loading in clause 17.6 shall only be paid employee subsequently terminates his/her employment or is terminated by the RFDS before completing 12 months continuous service in respect of paid out which leave was granted, the RFDS may deduct the cash equivalent of the unearned leave from any amounts owed to the employee on termination.
22.7 Where the employee has accrued annual leave in excess of two years’ accrual, the RFDS will discuss with the employee the taking of annual leave for employees who have been employed for a minimum 12 months period and at a time which, as far as possible, is mutually suitable. However, if agreement cannot be reached with the Companyemployee, the RFDS reserves the right to direct the employee to take annual leave, of up to one quarter of the amount of credited annual leave at the time the direction is given, such leave to be taken at a time suitable to the RFDS, and on the giving of at least one month’s notice.
Appears in 1 contract
Sources: Engineers Agreement
Annual Leave. 17.1 An employee Section 16.1 Employer agrees that Employees of the bargaining unit shall be entitled to four weeks earn paid annual leave for each twelve months’ service with the Company, exclusive of public holidaysas follows: No.Yrs. Service 7 Day Work Period 40 hour Employees Mo.Accrual/Annual leave accumulates monthly on 27 Day Work Period 24 hour shift Employees Mo.Accrual/Annual Less than 6 9.67 hrs/116 hrs 23 hrs/11.5 shifts 6 through 15 12.67 hrs/152 hrs 27 hrs/13.5 shifts 16 through 24 17.34 hrs/208 hrs 33 hrs/16.5 shifts 25 and over 19.00 hrs/228 hrs 35 hrs/17.5 shifts
Section 16.2 For Employees who work a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year 27 day work period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for 24 hour shift schedule, annual leave shall be made granted in consideration of both vacation leave and for those holidays defined in Article 17 of this Agreement.
Section 16.3 Employees who work the 27 day work period, 24 hour shift schedule, may accrue annual leave up to thirty-six (36) times their current monthly accrual rate at the relevant minimum rate time of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow scheduling annual leave for the following year and shall not have more than thirty-six (36) times their monthly accrual rate on December 31st each year. This shall be done in such a manner that it will be possible for an Employee to be taken by an employee before actually have forty-eight (48) times his/her monthly accrual rate unexpended until such time the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual scheduled leave is taken wholly or partly by the Employee during the current year. However, under no circumstances will more than twenty-four (24) times the monthly accrual rate be paid upon separation from the Tulsa Fire Department as provided for in advanceSection 16.10 of this Article. Annual leave shall be accrued on a completed calendar month basis.
Section 16.4 Employees who work the 7 day work period, until an entitlement accrues due and the loading is then payable in respect of the period of such 40 hour work schedule, may accrue annual leave and is calculated on the relevant minimum up to forty-six (46) times their current monthly accrual rate of pay in clause 19 – Minimum wages, payable at the accruing time of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out scheduling annual leave for employees the following year and shall not have more than forty-six (46) times their monthly accrual rate on December 31st each year. This shall be done in such a manner that it will be possible for an Employee to actually have fifty-eight (58) times his/her monthly accrual rate unexpended until such time the scheduled leave is taken by the Employee during the current year. However, under no circumstances will more than thirty-four (34) times the monthly accrual rate be paid upon separation from the Tulsa Fire Department as provided for in Section 16.10 of this Article. Annual Leave shall be accrued on a completed calendar month basis.
Section 16.5 The parties agree maximum annual leave accrual amounts established herein shall apply to Employees while on Injury Leave. Employees who have been employed for a minimum 12 months were unable to schedule and/or utilize annual leave due to Injury Leave timeframes shall be allowed to reschedule annual leave with their District Chief with final approval by the CompanyFire Chief or his/her designee.
Section 16.6 New Employees shall be eligible to expend annual leave after completion of six
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. 17.1 An 18.1. The Employee will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee will accrue 4 weeks paid Annual Leave for each completed year of service and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until the Employee has completed 12 months of continuous service, except where the Company agrees to allow the Employee to take Annual Leave in advance of this.
18.2. The Employees are paid in advance for their Annual Leave and Leave Loading as part of the Agreement Trip Rates set out in the table in clause 9.1.
18.3. The employee shall be entitled paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of continuous service and that they were not dismissed as a result of their behaviour or performance before completing 12 months continuous service. Leave Loading is not payable on unused Annual Leave entitlements when they are paid out at the end of the employees’ employment.
18.4. The Employee must, subject to four weeks annual leave for the Act, take at least half of their Annual Leave accrual each twelve months’ service with year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the Annual Leave that they accrue in any one year, subject to the Company, exclusive ’s agreement. The maximum amount of public holidaysAnnual Leave that can be cashed-out in any one year is two weeks for a full-time employee. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company Employee may direct an employee to take annual leave then work during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down‘cashed out’ Annual Leave. If the Employee wishes to ‘cash out’ any Annual Leave under this clause, they would already have been paid for that Annual Leave and Leave Loading through the Agreement Trip Rates set out in the table in clause 9.1.
17.5 18.5. The Company may direct an employee require the Employee to take up to a quarter some or all of his or her total their accrued annual leave entitlement if Annual Leave, in accordance with the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wagesAct, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, as and when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated nominated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with Company gives the CompanyEmployee at least 14 days notice.
Appears in 1 contract
Sources: Collective Workplace Agreement
Annual Leave. 17.1 An (a) Full time employees accrue the equivalent of four weeks paid annual leave per year. Part-time employees accrue paid annual leave on a pro-rata basis. Annual leave is credited for each completed four week period.
(b) Annual leave shall be given and taken in accordance with the following rules:
(i) Annual holiday shall be given and taken either in one consecutive period or two periods which shall be of three weeks and one week respectively, or if the employee shall and the Company so agree, three or more separate periods.
(ii) If the employee and the Company agree, leave may be taken wholly or partly in advance of the entitlement being credited to the employee. If the employee is given leave in advance, that employee shall: A not be entitled to four weeks further leave until the amount that is credited to the employee equates to the amount of leave given in advance and the further amount of leave to be taken; B repay on termination of employment any amount of pay for leave given in advance or permit the Company to deduct that amount from any amount otherwise owing to the employee on termination.
(iii) Where the Company requires an employee to take any annual leave for each twelve months’ service with credited to him or her, the Company shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required to be taken.
(iv) In order to allow the temporary closure of part or all of one of the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between ’s establishments the Company and may require the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut downof up to 4 weeks, including to take leave in advance, in which case the Company shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required. Where an employee has been directed to take leave in advance in this circumstance, the employee cannot be required to repay that period on termination.
(v) Subject to the foregoing, on termination of employment, an amount equivalent to the pay for any such shut down over untaken annual leave shall be paid to the Christmas employee.
(c) Non-salaried employees will be entitled to an annual leave loading equivalent to seventeen and New Year one-half per centum (17½%) of the ordinary rate of pay for the employee eligible for leave multiplied by the number of hours of eligible accrued leave approved to be taken.
(d) Once in any 12 month period, provided an employee may elect in writing to forgo up to 2 weeks of accrued annual leave, and receive a monetary payment equal to the amount the employee has an would have received had the employee taken the accrued annual leave balance that will at least cover the period of the shut down.
17.5 leave. The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weekswill be reduced by the amount of leave that has been paid out.
17.6 Payment for (e) Annual leave loading of 17.5% shall be paid on any amount of annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wagescashed out under this provision, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by but only where an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has would have been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided receive that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyhad they taken leave.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part 23.1 Every full-time employee shall be calculated pro rata according to at the ordinary end of each year of employment become entitled to:
23.1.1 Annual leave of 152 hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.'s ordinary time earnings;
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus 23.1.2 Plus a loading of 17.5 per cent on that rate of paythe appropriate rates prescribed in clause 9 for each of the four weeks up to a maximum total payment equivalent to one week of Average Weekly Earnings.
17.7 23.1.3 Pro-rata entitlements shall apply to part-time employees.
23.2 The Company may allow annual leave to shall be given and taken:
23.2.1 In four consecutive weeks or, if the employee and the employer agree, in such separate periods as are agreed; and
23.2.2 Before the expiration of six months after the leave right accrues, provided that leave may be deferred in whole or part by agreement between the employee and the employer.
23.3 If the employer and the employee agree, the annual leave may be taken by an employee in whole or in part in advance before the right thereto has accrued due.
17.8 An employee has no entitlement become entitled to the payment Annual Leave. In such circumstances accrual of further annual leave entitlements shall not commence until after the expiration of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect year of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been partly or wholly taken.
23.4 The employer must:
23.4.1 Give each employee at least seven (7) days' notice of the date from which annual leave shall be taken;
23.4.2 Pay the pay and loading entitlements for the leave period in advance to each employee before the employee's leave commences.
23.5 Where any public holiday for which the employee is entitled to payment occurs during a period of annual leave, provided that the loading in clause 17.6 period of leave shall only be paid increased by one day in respect of paid that holiday.
23.6 Payment shall not be made by the employer to any Permanent Employee in lieu of any annual leave entitlement, nor shall such payment be accepted by the employee; provided that where employment is terminated the employer shall:
23.6.1 Pay to the employee all outstanding leave entitlements and pro-rata payments for the partially completed current year;
23.6.2 Be entitled to make a deduction from any outstanding monies for any leave taken in advance of a period of uncompleted employment.
23.7 A year of employment shall be deemed to be unbroken notwithstanding:
23.7.1 Any annual or long service leave, personal or accident leave not exceeding fourteen days or work interruption brought about by the company - in such circumstances the periods shall be counted as part of the year of employment;
23.7.2 Any other leave which is granted, imposed or agreed to by the employer, or any other absence not involving termination of employment - in such circumstances the period shall not be counted as part of the year of employment.
23.8 Cashing out annual leave for employees who [NOTE: CLAUSE NOT OPERATIVE UNTIL REGISTRATION BY FWC]
23.8.1 An employer and a Permanent Employee may agree to the employee cashing out up to two (2) weeks of the employee's accrued paid annual leave entitlement per year.
23.8.2 The employer and the employee must not agree to the employee cashing out an amount of paid annual leave if the agreement would result in the employee's remaining accrued entitlement to paid annual leave being less than four (4) weeks.
23.8.3 Each agreement to cash out a particular amount of paid annual leave must be a separate agreement in writing.
23.8.4 The employer must pay the employee at least the full amount that would have been employed for a minimum 12 months with payable to the Companyemployee had the employee taken the leave that the employee has forgone.
Appears in 1 contract
Annual Leave. 17.1 An employee [AWARD]
40.1 Full-time employees shall be entitled to four (4) weeks annual leave for each twelve months’ service with the Companyper year, exclusive of public holidaysPublic Holidays, such leave to be paid for at the employee’s normal weekly salary. Annual Employees will accrue annual leave accumulates monthly at a rate of 1.67 days for each completed four (4) week period of service with Council, to a total of 20 days per year. Part-time employees will accrue annual leave, to a maximum of four (4) weeks, on a pro rata basis.
17.2 The annual leave entitlement for each part time employee 40.2 Employees, who are regularly rostered over seven (7) days, including Sundays and Public Holidays, shall be calculated pro rata according to the ordinary hours he or she actually worksgranted an additional week of annual leave.
17.3 The time 40.3 Annual leave is cumulative and payable upon termination of giving and taking of leave shall be by mutual arrangement between the Company and the employee concernedemployment.
17.4 40.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance parties agree that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made given and taken at a time mutually convenient to the relevant minimum rate of pay in clause 19 – Minimum wages, plus employer and employee concerned within a loading of 17.5 per cent on that rate of payperiod not exceeding 12 months from the date when the right to such leave accrued.
17.7 40.5 If, before the completion of any period of 12 months continuous service, the employment of any employee is terminated for any reason other than serious
40.6 The Company parties agree that annual leave to which an employee is entitled shall be taken within 12 months after the right to leave has accrued, provided that the employer may approve of such leave or any part thereof being deferred and taken within the following 12 months.
40.7 Notwithstanding the provisions of clause 40.1 hereof, the employer may allow annual leave to be taken by an employee before the right thereto has accrued is due.
17.8 An employee has no entitlement to the payment of the loading, when annual . But where leave is taken wholly or partly in advancesuch a case, further periods of annual leave shall not commence to accrue until an entitlement accrues due and after the loading is then payable expiration of the 12 months in respect of which the period of such annual leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementhad been taken before it accrued.
17.9 40.8 Where leave has been granted to an employee pursuant to clause 40.7 before the leave has accrued right thereto is due, and the Company may deduct employee subsequently leaves or is discharged from the balance service of the payment employer before completing the 12 months continuous service in respect of which the leave was granted, the employer may, for each completed week or fortnight according to the pay period of the employee for that leave concerned, of the qualifying period of 12 months not serviced by the employee, deduct from whatever remuneration is payable to him or her upon the cessation termination of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment the appropriate fraction of the amount of wage paid on account of the annual leave, which amount shall be entitled to a pro rata payment calculated on his or her relevant minimum rate not include any sums paid for any of pay in the holidays prescribed by clause 19 – Minimum wages, for the period in respect 55 (Public Holidays) of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companythis Agreement.
Appears in 1 contract
Sources: Workplace Agreement
Annual Leave. 17.1 An employee shall be The Employee is entitled to four weeks annual leave for each twelve months’ service with calculated on the Company, exclusive basis of public holidays4 weeks per 12 month period of continuous service. Annual leave accumulates Leave is accrued monthly on a pro rata basisand is uncapped. Only Permanent Employees are entitled to Annual Leave.
17.2 The Subject to the Company’s operational requirements, annual leave entitlement for each part is to be taken at a time employee shall be calculated pro rata according mutually agreed between the parties. The Employee must give the Company a minimum four week’s notice of an intention to the ordinary hours he or she actually workstake annual leave.
17.3 The time An Employee must take annual leave when the Employer shuts down the business, or any part of giving and taking of leave shall be by mutual arrangement between the Company and business, in which the employee concernedEmployee works.
17.4 The Company may direct instruct an employee Employee to take annual leave during any shut down, including any such shut down over when the Christmas and New Year period, provided the employee has an accrued Employee’s credited annual leave balance that will at least cover is 5 weeks or more, or when the period Company shuts down the business, or any part of the shut downbusiness, in which the Employee works.
17.5 Annual leave payments will be calculated on the Employee’s ordinary rate of pay at the time the leave is taken.
17.6 The Company Employee may direct an employee elect to take cash out up to a quarter two weeks of his or her total the accrued annual leave entitlement if each year. If the employee’s accrued Employee accrues more than two weeks annual leave entitlement exceeds 8 weeksin any year, the leave accrual which carries over to subsequent years may be cashed out provided that a minimum two weeks annual leave is taken as time off each year. Election to cash out annual leave may only be made by notice in writing to the Company and must be authorised by the Company. Payment in lieu of annual leave will be made at a rate that is no less than the Employee’s ordinary rate of pay at the time the election is made.
17.6 Payment for 17.7 The minimum weekly payment of all employees has been loaded to take account of annual leave loading, and as such, no loading will be paid on the taking of annual leave.
17.8 All annual leave shall be made taken at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow mutually convenient time. Generally annual leave to will be taken by an employee before granted between April and September. In the right thereto has accrued due.
17.8 An employee has no entitlement to absence of agreement on the payment time of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period taking of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueleave, the Company may deduct shall determine the balance time, but shall give the concerned employee at least one months notice of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation commencement date of employmenttheir annual leave.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. 17.1 (a) Except as hereinafter provided all weekly employees, after each 12 months' continuous service with the Employer, shall be granted four weeks leave on full pay.
(b) An employee whose services are terminated for any cause whatsoever, or who leaves their employment in a qualifying period for annual leave, shall be entitled to four weeks annual the cash equivalent of such leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period worked in the proportion which that period bears to a year.
(c) The annual leave shall be given and taken in one continuous period or, if the employee and the employer so agree, in two or more separate periods.
(d) Annual leave in advance
(i) The employer may grant to an employee their annual leave or, subject to subclause (c) of such this clause, a part thereof before the right to the leave and has fully accrued due, but where the leave or part thereof is calculated on so taken, a further period of annual leave shall not commence to accrue until after the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing expiration of the entitlementtwelve months in respect of which the leave or part leave was granted in advance.
17.9 (ii) Where the annual leave or part thereof has been granted to an employee pursuant to this sub clause before the right to the leave has accrued due, ; and The employee subsequently leaves or is discharged before completing the Company may deduct twelve months continuous service in respect of which the balance of leave or part leave was granted; and The sum paid by the payment employer to the employee for that the leave period from whatever remuneration or part leave taken in advance exceeds the sum which the employer is payable required to him or her upon pay the cessation employee under paragraph (b) of employment.
17.10 An this clause the employer shall not be liable to make any payments to the employee whose employment is terminated by the Company or who lawfully leaves the employment and shall be entitled to deduct the amount of such excess, but excluding any sums paid for any of the holidays prescribed by these conditions of employment from any remuneration payable to the employee upon termination of the employment.
(e) An employee before going on annual leave shall be paid therefore at the rate at which they were ordinarily employed prior to the commencement of the leave. Provided that an employee whose services are terminated (either by himself or by his employer) after having accrued a pro full years' entitlement of annual leave shall receive the above payments in respect of that entitlement; provided further that pro-rata payment calculated payments in lieu of annual leave on his or her relevant minimum termination of employment shall be paid for at the employee's normal rate of pay pay.
(f) Subject to this subclause the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by these conditions of employment. If any such holiday falls within an employee's period of annual leave and is observed on a day which, in clause 19 – Minimum wagesthe case of that employee, for would have been an ordinary working day, there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday. Where a holiday falls as aforesaid and the employee fails, without reasonable cause proof whereof shall be upon him, to attend for work at his ordinary starting time on the working day immediately following the last day of the period of his annual leave, he shall not be entitled to be paid for any such holiday.
(g) Any time in respect of which an employee is absent from work except time for which the employee is entitled to claim sick pay or time spent on holidays or annual leave has as prescribed by this Clause shall not been taken, provided that count for the loading in clause 17.6 shall only be paid in respect purpose of paid out determining the employee’s right to annual leave for employees who have been employed for a minimum 12 months with the Companyleave.
Appears in 1 contract
Sources: Workplace Agreement
Annual Leave. 17.1 An employee shall be Full time and part time employees are entitled to four weeks 4 weeks' paid annual leave for in each twelve months’ service with the Companyyear of employment, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisto be taken at times agreed between you and your employer.
17.2 The Annual leave accrues on a pro-rata basis throughout the year, is cumulative and is paid out upon termination of employment.
17.3 When you take annual leave entitlement leave, you will be paid at your Ordinary Wage Rate for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concernedyou would have otherwise worked during that period.
17.4 The Company may direct an employee If you would like to take annual leave, please apply to us as soon as possible and no later than 4 weeks prior to the anticipated leave. We will only refuse your request to take annual leave during any shut downon reasonable business grounds. Cashing out of annual leave
17.5 If you make a request to receive payment instead of taking annual leave, including any such shut down over we can agree in writing to the Christmas and New Year period, cashing out of your annual leave provided the employee has an accrued that your annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 after any cashing out is no less than 4 weeks.
17.6 Payment for Any agreement to cash out an amount of annual leave shall must state the amount of annual leave to be cashed out, the payment to be made at to the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent employee and the date on that rate of paywhich the payment will be made.
17.7 The Company may allow maximum amount of annual leave to that may be taken by cashed out in any 12 month period is 2 weeks. Excess Leave Accruals
17.8 If an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment an excess accrual of the loading, when paid annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is (being more than 8 weeks’ annual leave) then payable in respect of the we can direct you to take a period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementannual leave.
17.9 Where A direction to take a period of annual leave has been granted to an employee before must not be for a period of less than 1 week, commence sooner than 8 weeks or later than 12 weeks from the direction date, or result in your remaining leave has accrued due, accrual being less than 6 weeks at the Company may deduct time of you taking the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employmentdirected leave.
17.10 An No annual leave loading is payable under this Agreement as it has been incorporated into the Ordinary Wage Rates in the Minimum Wage Rate Schedule of this Agreement.
(a) A direction to take a period of annual leave must not:
(i) Require the employee whose employment to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is terminated given; and
(ii) Be inconsistent with any leave arrangement agreed by the Company employer and the employee.
17.11 If you have an excessive leave accrual, then either you or who lawfully leaves the employment shall be entitled employer can confer with the other and genuinely try to a pro rata payment calculated reach an agreement on his how to reduce or her relevant minimum rate eliminate the excessive leave accrual.
17.12 You may only give notice to the employer to request to take one or more periods of pay in clause 19 – Minimum wages, for the period in respect of which paid annual leave has if you have genuinely tried and failed reach an agreement under clause 17.11 and if:
(a) You have had an excessive leave accrual for more than 6 months at the time of giving notice; and
(b) You have not been takengiven a direction in line with clause 17.11 that when any other paid annual leave arrangements are taken into account, provided that the loading in clause 17.6 shall only be paid in respect would eliminate your excessive leave accrual. Additional week of paid out annual leave for employees NES shiftworkers
17.13 For the purpose of the NES, a shiftworker means an employee who have been employed regularly works on a Sunday or a public holiday ("regularly" means more than 34 Sundays and 6 public holidays in a year) in a workplace where shifts are continuously rostered 24 hours a day for 7 days a minimum 12 months with the Companyweek.
Appears in 1 contract
Sources: Family Trust Enterprise Agreement
Annual Leave. 17.1 An employee shall be Full time and part time employees are entitled to four weeks 4 weeks' paid annual leave for in each twelve months’ service with the Companyyear of employment, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisto be taken at times agreed between you and your employer.
17.2 The Annual leave accrues on a pro-rata basis throughout the year, is cumulative and is paid out upon termination of employment.
17.3 When you take annual leave entitlement leave, you will be paid at your Ordinary Wage Rate for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concernedyou would have otherwise worked during that period.
17.4 The Company may direct an employee If you would like to take annual leave, please apply to us as soon as possible and no later than 4 weeks prior to the anticipated leave. We will only refuse your request to take annual leave during any shut downon reasonable business grounds. Cashing out of annual leave
17.5 If you make a request to receive payment instead of taking annual leave, including any such shut down over we can agree in writing to the Christmas and New Year period, cashing out of your annual leave provided the employee has an accrued that your annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 after any cashing out is no less than 4 weeks.
17.6 Payment for Any agreement to cash out an amount of annual leave shall must state the amount of annual leave to be cashed out, the payment to be made at to the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent employee and the date on that rate of paywhich the payment will be made.
17.7 The Company may allow maximum amount of annual leave to that may be taken by cashed out in any 12 month period is 2 weeks. Excess Leave Accruals
17.8 If an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment an excess accrual of the loading, when paid annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is (being more than 8 weeks’ annual leave) then payable in respect of the we can direct you to take a period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementannual leave.
17.9 Where A direction to take a period of annual leave has been granted to an employee before must not be for a period of less than 1 week, commence sooner than 8 weeks or later than 12 weeks from the direction date, or result in your remaining leave has accrued due, accrual being less than 6 weeks at the Company may deduct time of you taking the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employmentdirected leave.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which No annual leave loading is payable under this Agreement as it has not been taken, provided that incorporated into the loading Ordinary Wage Rates in clause 17.6 shall only be paid in respect Minimum Wage Rate Schedule of paid out this Agreement. Additional week of annual leave for employees NES shiftworkers
17.11 For the purpose of the NES, a shiftworker means an employee who have been employed regularly works on a Sunday or a public holiday ("regularly" means more than 34 Sundays and 6 public holidays in a year) in a workplace where shifts are continuously rostered 24 hours a day for 7 days a minimum 12 months with the Companyweek.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An employee shall
15.1 Other than the provisions set out in this clause the provisions relating to Annual Leave and how and when it is to be taken will be in accordance with the NES and the Award.
15.2 Full-time Employees are entitled to four weeks paid annual leave for each twelve months’ year of service with the CompanyEmployer. For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, exclusive of a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays. Annual leave accrues throughout the year and accumulates monthly from year to year.
15.3 Employees will receive an annual leave loading of 17.5% on the applicable ordinary rates in addition to the entitlements to annual leave. The loading is payable for the lost opportunity to work overtime and will be paid on accrued leave on termination of Employment.
15.4 Part-time Employees are entitled to annual leave calculated on a pro pro-rata basisbasis according to their ordinary hours work.
17.2 The 15.5 Casual Employees are not entitled to annual leave entitlement as the casual loading compensates them for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksannual leave.
17.3 The time 15.6 Employees may request and with the written agreement of giving and taking of the Employer, to cash out accrued annual leave shall provided no less than 4 weeks annual leave is retained to be by mutual arrangement between the Company and the employee concernedtaken as annual leave.
17.4 The Company may direct an employee 15.7 Cashed out annual leave will be paid at the rate of pay that the Employee would have received had they taken the annual leave. Annual leave loading will be paid on cashed out annual leave entitlement.
15.8 Direction to take annual leave during any shut down, including any such a compulsory shut down over will be in accordance with the Christmas and New Year periodAward
15.9 If, provided on the employee termination of the Employee’s employment, the Employee has not accrued an accrued entitlement to all of a period of paid annual leave balance that will at least cover already taken in accordance with an agreement, the period of the shut down.
17.5 The Company Employer may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable deduct from any money (other than payments in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment NES) due to the employee for Employee on termination an amount equal to the amount that leave period from whatever remuneration is payable was paid to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period Employee in respect of which any part of the period of annual leave taken in advance to which an entitlement has not been taken, provided that the loading in clause 17.6 shall only be paid in respect accrued.
15.10 Permanent Employees are entitled to an additional Picnic / Family day of paid out annual leave for employees who have been employed for a minimum 12 months each year. In consultation with the Companyemployees, and taking into account operational requirements, the day each year will be determined by management. This additional day does not accumulate nor is it payable upon termination.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An 15.1. Permanent Employees will accrue Annual leave in accordance with the Act; namely at the rate of 1/13th of their nominal hours. As such, a Permanent Full-Time employee shall be entitled to four will accrue 4 weeks annual leave paid Annual Leave for each twelve months’ completed year of service with and a Permanent Part-Time employee will accrue a pro-rata proportion of that amount. Annual Leave can not generally be taken until the Employee has completed 12 months of continuous service, except where the Company agrees to allow the Employee to take Annual Leave in advance of this.
15.2. Payment for Annual Leave will be paid at the rate of an employee’s Agreement Flat Weekly rate set out in the table in clause 9.5, plus 12% Leave Loading.
15.2.1. If an employee, at the time of signing this Agreement, elected to be paid at the Holiday Loading Rates as set out in the table in clause 9.6, then the employee is already paid in advance for their Annual Leave and Leave Loading through their Agreement Flat rate.
15.3. If an Employee is granted Annual Leave in advance, the Employer may withhold the Employee's pay for that portion of the Employee's Annual Leave which the Employee has not yet accrued, until such time as the Employee has completed the relevant 12 month continuous service period.
15.4. The Employees must, subject to the Act, take at least half of their Annual Leave accrual each year but they may choose, entirely at their instigation and in writing, to cash-out up to half of the Annual Leave that they accrue in any one year, subject to the Company’s agreement. The maximum amount of Annual Leave that can be cashed-out in any one year is two weeks for a full-time employee. Cashed-out Annual Leave will be paid at the employee’s Agreement Flat Weekly Rate set out in the table in Clause 9.5 that is applicable at the time that the Employee makes the election to cash-out that amount of Annual Leave, exclusive of public holidaysplus 12% Leave Loading. If the Employee chooses to cash-out some Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall Leave under this Clause, this payment will be calculated pro rata according made to the ordinary hours he or she actually works.
17.3 The Employee within a reasonable time of giving and taking of leave shall be by mutual arrangement that is agreed between the Company and the employee concernedEmployee at the time that the Employee makes the election to cash-out that amount of Annual Leave.
17.4 The Company may direct an employee to take annual leave during any shut down15.4.1. If at the time of signing this Agreement, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee elected to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made paid at the relevant minimum rate of pay Holiday Loading Rates set out in the table in clause 19 – Minimum wages9.6, plus a loading and the Employee wishes to ‘cash out’ any Annual Leave under this clause, they would already have been paid for that Annual Leave and Leave Loading as part of 17.5 per cent on that rate their Agreement Flat Rate of pay.
17.7 15.5. The Company Employer may allow annual leave require an Employee to be taken take some or all of their accrued Annual Leave as and when nominated by an employee before the right thereto has accrued dueEmployer provided that the Employer gives the Employee at least 14 days notice.
17.8 15.6. An employee has no entitlement to the payment Employee shall be paid any unused accrued Annual Leave when their employment ceases, provided that they have had at least one month of the loading, when annual continuous service and that they were not dismissed as a result of their behavior or performance before completing 12 months of continuous service. No leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration Loading is payable to him or her upon the cessation on termination of employment.
17.10 An employee whose employment 15.7. By Company policy Annual Leave cannot be taken from the 1st October - 24th December of each year.
15.8. Annual Leave is terminated by the Company or who lawfully leaves the employment shall be entitled subject to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyapproval from Management.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. 17.1 An employee (a) Period of leave
(i) Annual leave shall accrue, be entitled credited and paid to four weeks employees in accordance with the NES, based on the full-time entitlement of 4 weeks' leave per year of service.
(ii) Annual leave accrues proportionately month to month.
(b) Public holidays excluded
(i) The period of annual leave for each twelve months’ service with shall not include public holidays under clause 14 observed on working days but shall include all other non-working days.
(ii) If any public holiday under clause 14 falls within the Company, exclusive employee’s period of public holidays. Annual annual leave accumulates monthly and is observed on a pro rata basis.
17.2 The day which, in the case of that employee, would have been an ordinary working day, there must be added to the employee’s period of annual leave entitlement for each part time employee shall be calculated pro rata according equivalent to the ordinary hours he or she actually workstime which the employee would have worked if the day had not been a holiday.
17.3 The time (i) During a period of giving and taking of annual leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus receive a loading of 17.5 per cent 17.5%, calculated on that the rate of paywage prescribed in clause 6 of Part A of this Agreement. Provided that where the employee would have received the loading prescribed in 7(g) of this Part had the employee not been on leave during the relevant period and such loading would have entitled the employee to a greater amount than the loading of 17.5% the greater amount shall be added to the rate of wage prescribed by clause 6 of Part A in lieu of the 17.5% loading.
17.7 (c) Leave in advance
(i) The Company employer may allow grant annual leave to be taken by an the employee before the right thereto to leave has accrued due.
17.8 An employee has no entitlement to the payment of the loadingaccrued, when annual but where leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the such a case a further period of annual leave shall not accrue until such time as the annual leave and is calculated on the relevant minimum rate of pay taken in clause 19 – Minimum wages, payable at the accruing of the entitlementadvance has been repaid.
17.9 (ii) Where leave has been granted to an the employee pursuant to this subclause before the right to the leave has accrued dueaccrued, and the employee subsequently leaves or is discharged from the service of the employer before completing the continuous service in respect of which the leave was granted, the Company may deduct the balance employer may, for each one complete month of the payment to qualifying period of twelve months not served by the employee for that leave period employee, deduct from whatever remuneration is payable to him or her upon the cessation termination of employmentthe employment one-twelfth of the amount of wages paid on account of the annual leave. The amount deducted shall not include any sums paid for any of the holidays prescribed in clause 14 of this Agreement. Provided that, in cases where leave in advance is granted at the request of the employee, the employer may when making payment under this clause withhold from the employee a sum equal to one-twelfth of the payment for each complete month of the qualifying period not served by the employee at the time of going on such leave and retain such sum until the expiration of such qualifying period.
17.10 An (i) Proportionate payment on termination Proportionate payment shall be made to the employee on weekly hiring who leaves the employment or whose employment is terminated by the Company or who lawfully leaves employer prior to the employment completion of 12 months continuous service and such payment shall be entitled to a pro rata payment calculated made on his or her relevant minimum rate the basis of pay in clause 19 – Minimum wages2.923 hours for each five ordinary working days worked of continuous service, for the period in respect of which annual leave has not been takengranted under this clause, provided that the loading in clause 17.6 and shall only be paid in respect at the appropriate rate of paid wage for the taking of annual leave.
(j) Cash out of Annual Leave Nothing prevents the parties from agreeing to cash out annual leave for employees who have been employed for a minimum 12 months entitlements in accordance with the CompanyFair Work Act 2009.(Cth)
(k) Annual leave and sick leave
(i) If the employee falls sick on annual leave and produces at the time satisfactory medical evidence, the employee may be granted at a convenient time additional leave equivalent to the period of sickness falling within the annual leave, and such absence shall be recorded as sick leave.
(ii) Where such annual leave has been re-credited as sick leave no leave loadings shall be payable when the annual leave so credited is again taken by the employee.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An employee shall be 15.1 Employees (excluding casual employees) are entitled to four weeks annual leave per year in accordance with the AFPC Standard and this clause.
15.2 For full time employees, the entitlement is 152 hours / 20 days annual leave for each twelve months’ service with the Company, exclusive of public holidayscompleted 12 months service. Annual Part time employees are entitled to annual leave accumulates monthly on a pro pro- rata basis.
17.2 The 15.3 Shift workers who regularly work continuous 24 x 7 shifts and on Sundays and public holidays are entitled to an additional 38 hours annual leave entitlement for each part time completed 12 months service.
15.4 Annual leave accrues on a pro-rata basis and is cumulative.
15.5 Annual leave is to be credited to an employee shall no less frequently than monthly.
15.6 During periods of annual leave, employees will be calculated pro rata according to paid the wages they would have received in respect of the ordinary hours he or she actually workstime they would have worked had they not been on leave during the relevant period.
17.3 The 15.7 Employees are also entitled to annual leave loading of 17.5% on leave taken. Leave loading will only be paid on untaken leave paid on termination of employment where the employee is retrenched or voluntarily resigns.
15.8 Annual leave can be taken at a time of giving and taking of leave shall be by mutual arrangement that is mutually agreed between the Company and an employee, taking into account the Company’s operational requirements. If an employee’s accrued leave exceeds 8 weeks, the Company may direct that the employee concernedtake up to 2 weeks leave.
17.4 15.9 The Company may direct an employee to employees take annual leave during any shut down, including any such shut down over which affects the Christmas and New Year period, provided part of the business in which the employee has works. To the extent that an employee does not have sufficient accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueleave, the Company may deduct the balance of the payment to require the employee for that to take unpaid leave.
15.10 Employees will be paid out any accrued but untaken annual leave period from whatever remuneration is payable to him or her upon the cessation on termination of employment.
17.10 An employee whose employment is terminated by 15.11 Employees may, with the Company or who lawfully leaves Company’s agreement, request to cash out up to 2 weeks annual leave within a 12 month period. Cashed out annual leave will be paid at the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wagesthat the employee receives at the time when the election is made. In making this election, for the period in respect employee gives up his/her entitlement to take that amount of which annual leave has not been taken, provided that and the loading in clause 17.6 shall only be paid in respect Company will deduct the amount of paid out annual leave for employees who have been employed for a minimum 12 months with cashed out from the Companyemployee’s accumulated annual leave balance.
Appears in 1 contract
Sources: Employer Greenfields Agreement
Annual Leave. 17.1 An employee 9.1 Full-time employees are entitled to 20 days’ paid annual leave per annum. The leave accrues on a pro-rata basis after each 4-week period of continuous service and is cumulative.
9.2 Part-time employees are entitled to paid annual leave on a pro-rata basis.
9.3 Annual leave is paid at your ordinary rate of pay. During a period of annual leave you shall receive a payment of 17.5% annual leave loading based on your ordinary rate of pay. This loading shall not apply to proportionate annual leave paid out on the termination of your employment or to any period of leave that you elect to cash in under clause 9.8 below.
9.4 Where your employment terminates you shall be entitled to four weeks be paid any untaken accrued annual leave for each twelve months’ service with that has been credited to you.
9.5 Annual leave can be taken:
a) by you requesting to take some or all of the annual leave which has been credited to you, subject to authorisation by the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee will not unreasonably refuse a request to take annual leave during any shut downcredited to you, including any such shut down over however, authorisation is subject to the Christmas and New Year period, provided operational requirements of the employee has an workplace;
b) by the Company directing you to take accrued annual leave balance that will by giving a minimum of 2 weeks notice.
9.6 When requesting to take annual leave you must provide the Company at least cover two weeks notice before you wish to commence leave, provided that annual leave will not be normally be granted during stock take. Generally your annual leave is to be taken no later than 12 months after it accrues.
9.7 Where the period Company shuts down all or any part of the shut downbusiness you may be required to take accrued annual leave. If you do not have any annual leave accrued you will be required to take leave without pay.
17.5 The Company 9.8 You may direct an employee to take cash out up to a quarter two weeks of his or her total accrued annual leave entitlement if the employee’s accrued per annum. If you want to cash in your annual leave entitlement exceeds 8 weeksyou must give the Company written notice of your intention and the Company must approve this request.
17.6 Payment for 9.9 If you elect to cash out a period of annual leave, you will receive pay in lieu of the amount of annual leave shall be made at the relevant minimum ordinary rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable applicable at the accruing time of the entitlementgiving notice.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Employee Collective Agreement
Annual Leave. 17.1 An employee Section 16.1 Employer agrees that Employees of the bargaining unit shall be entitled to four weeks earn paid annual leave for each twelve months’ service with the Company, exclusive of public holidaysas follows: No.Yrs. Service 7 Day Work Period 40 hour Employees Mo.Accrual/Annual leave accumulates monthly on 27 Day Work Period 24 hour shift Employees Mo.Accrual/Annual Less than 6 9.67 hrs/116 hrs 24 hrs/12 shifts 6 through 15 12.67 hrs/152 hrs 28 hrs/14 shifts 16 through 24 17.34 hrs/208 hrs 34 hrs/17 shifts 25 and over 19.00 hrs/228 hrs 36 hrs/18 shifts
Section 16.2 For Employees who work a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year 27 day work period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for 24 hour shift schedule, annual leave shall be made granted in consideration of both vacation leave and for those holidays defined in Article 17 of this Agreement.
Section 16.3 Employees who work the 27 day work period, 24 hour shift schedule, may accrue annual leave up to thirty-six (36) times their current monthly accrual rate at the relevant minimum rate time of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow scheduling annual leave for the following year and shall not have more than thirty-six (36) times their monthly accrual rate on December 31st each year. This shall be done in such a manner that it will be possible for an Employee to be taken by an employee before actually have forty-eight (48) times his/her monthly accrual rate unexpended until such time the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual scheduled leave is taken wholly or partly by the Employee during the current year. However, under no circumstances will more than twenty-four (24) times the monthly accrual rate be paid upon separation from the Tulsa Fire Department as provided for in advanceSection 16.10 of this Article. Annual leave shall be accrued on a completed calendar month basis.
Section 16.4 Employees who work the 7 day work period, until an entitlement accrues due and the loading is then payable in respect of the period of such 40 hour work schedule, may accrue annual leave and is calculated on the relevant minimum up to forty-six (46) times their current monthly accrual rate of pay in clause 19 – Minimum wages, payable at the accruing time of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out scheduling annual leave for employees who the following year and shall not have been employed more than forty-six (46) times their monthly accrual rate on December 31st each year. This shall be done in such a manner that it will be possible for a minimum 12 months with an Employee to actually have fifty-eight (58) times his/her monthly accrual rate unexpended until such time the Company.scheduled leave is taken by the Employee during the current year. However, under no circumstances will more than thirty-four (34) times the monthly accrual rate be paid upon separation from the Tulsa Fire Department as provided for in Section
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. 17.1 29.1 An employee Employee, other than a casual Employee, shall be entitled to four weeks annual leave for each twelve months’ service with upon· completion of 12 months continuous service. ·
29.2 Should the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according employment cease prior to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueEmployee completing 12 months service, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment Employee shall be entitled to a pro rata payment portion of four weeks determined by the length of service as against 12 months.
29.3 A leave loading of 17.5% is payable on annual leave calculated on his or her relevant minimum an Employee’s normal rate of salary for a maximum of four weeks’ annual leave shall be paid to Employees on the first pay period in December in the calendar year in which the leave accrues. ·
29.4 The maximum payment for the loading provided for in clause 19 – Minimum wages29.1 shall not exceed a rate equivalent to 17.5% of four weeks' salary of a level 8.1 Employee as per Schedule 2 - General Division Salaries of the Public Service and Government Officers CSA General Agreement 2017, for or its replacement, as at 1 January in the period . calendar year in respect which the leave accrues.
29.5 The leave loading to be paid to Employees who are in the service of which the Employer prior to or engaged after 1 January each year shall be the leave loading anticipated to be due on 31 December of that year.
29.6 Part time Employees shall be paid a proportion of the annual leave has not been takenloading at the salary rate applicable, provided that the maximum loading payable shall be calculated in accordance with the following:
(a) The loading is calculated on the rate or the normal fortnightly salary, including any allowances which are paid as a regular fortnightly or annual amount.
(b) Any allowance paid to an Employee for undertaking higher duties is only included if the allowance is payable during any period of leave taken during the calendar year as provided under clause 18 – Higher Duties Allowance of this Agreement
29.8 An Employee must refund any leave loading paid in December if the Employee resigns, or ceases employment, or where the Employee is dismissed prior to 31 December of that year. This provision does not apply in the event of death of an Employee or if the Employee retires.
29.9 Where payment in lieu of accrued or pro rata annual leave is made on the death or retirement of an Employee, a loading calculated in accordance with the terms of this clause is to be paid on accrued and pro rata annual leave.
29.10 An Employee may accrue annual leave up to a maximum equivalent to two years entitlement. At that time an employee must take at least such annual leave to ensure that the Employee at no time has in excess of two years annual leave entitlement. Provided that more than two years annual leave entitlement may be accrued by agreement between the parties.
29.11 An Employee shall endeavour to give eight weeks' notice of commencement of annual leave, unless otherwise agreed between the Employee and VenuesWest.
29.12 Annual leave shall be taken at a time mutually agreed by VenuesWest and the Employee.
29.13 Annual leave shall be given and taken in consecutive weeks or in lesser periods if VenuesWest and the Employee so agree.
29.14 Employees must take a minimum of two weeks annual leave during each period of 12 months commencing from operation of this Agreement, unless approval is granted by VenuesWest to carry leave over.
29.15 Where an Employee's employment terminates and the Employee has become entitled to annual leave, VenuesWest shall pay to the Employee, in addition to all other amounts due to the Employee, the wages for the period of leave due plus leave loading as set out in clause 17.6 shall only be paid in respect of paid out 29.1.
29.16 The process for rostering annual leave will be as detailed below:
(a) Where possible annual leave will be taken at times mutually agreed between the Employer and the Employee and subject to operational requirements.
(b) To assist operational requirements a roster for employees who have been employed leave will be developed at the beginning of each year. Employees will be able to make an application for leave detailing dates required for such leave and must submit it two weeks prior to the end of the year for the ensuing year. All leave requests will attempt to be accommodated, however applications for dates will be treated on a minimum 12 months first come first served basis. The Employer will then post a roster annually showing the names of the Employees, and the dates on which leave is to be taken.
(c) The Employer may require Employees to take leave at times other than set out in clause 29.16(b) above, subject to agreement with the CompanyEmployee concerned.
(d) Should an Employee need to alter their rostered leave, they shall notify the Employer at least four weeks in advance and subject to operational requirements such leave will be granted.
Appears in 1 contract
Sources: General Agreement
Annual Leave. 17.1 An employee shall be 7.2.1 In accordance with the NES, Full-time and Part-time employees are entitled to four weeks weeks' annual leave per year of employment.
7.2.2 Continuous Shift Workers are entitled to an additional week of annual leave per year of employment. The Company acknowledges that Traffic Control Room Operators are Continuous Shift Workers as at the time of making this Agreement. Further, and to avoid doubt:
(a) an Employee who meets the definition of a Continuous Shift Worker under clause 41.3 of the Manufacturing and Associated Industries and Occupations Award 2010, clause 19.3 of the Professional Employees Award or clause 23.2 of the Miscellaneous Award 2010, is considered a Continuous Shift Work for each twelve months’ service the purposes of this Agreement and is therefore entitled to an additional week’s annual leave under this clause 7.2.2; and
(b) other than Part B employees, Employees who are Continuous Shift Workers will be paid an annualised salary which ensures they receive, on an annual basis, more remuneration than they would have received had they been paid in accordance with the Companyrelevant modern award including any shift, exclusive of weekend and public holidays. Annual leave accumulates monthly on a pro rata basisholiday penalties under the applicable modern employment award that covers their .
17.2 7.2.3 The annual leave entitlement for each part time employee shall be calculated pro rata according Employer and Employees agree that they will work together to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee ensure, where possible that Employees are able to take annual leave during any shut downat a mutually convenient time. The taking of annual leave, including any such shut down over the Christmas direction to take annual leave, shall be in accordance with the Fair Work ▇▇▇ ▇▇▇▇.
7.2.4 Employees recognise that annual leave should generally be taken as it accrues. Where an Employee accrues excessive annual leave of eight weeks or more, leave must be taken as determined by the Employer in consultation with the Employee. Where after consultation the Employer and New Year periodEmployee cannot agree, provided the employee has an Employer may require the Employee to take excessive accrued annual leave balance that will at least cover by the period giving of the shut down.
17.5 no less than 4 weeks’ notice. The Company may direct Employer cannot require an employee Employee to take up to a quarter of his or her total accrued Transurban Queensland Enterprise Agreement 202017 13 more annual leave than would result in the Employee's accrued entitlement if the employee’s accrued to annual leave entitlement exceeds 8 falling below 4 weeks.
17.6 Payment for annual leave shall be made 7.2.5 The Employer may agree (at the relevant minimum rate of pay in clause 19 – Minimum wages, plus its absolute discretion) to a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken request by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement Employee to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid cash out annual leave for employees who have been employed for a minimum 12 months with if:
(a) the CompanyEmployee's request and the Employer's agreement are in writing; and
(b) the Employee's accrued entitlement to annual leave will be at least four weeks after the cash out.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 15.1.1 All permanent Employees are entitled to Annual Leave in accordance with the Act. Annual leave accrues on the basis of 1/13th of ordinary hours worked per completed four week period. Annual leave is paid on the basis of a 38 hour week for full time employees, and pro rata for part time employees.
15.1.2 The Employer may approve the taking of part of an employee’s annual leave accrual on application by an Employee, taking into account operational requirements.
15.1.3 The Employer may require an Employee to take annual leave at any time on the giving of one months notice, or a lesser period agreed to between the parties.
15.1.4 An employee shall be entitled Employee may accrue up to four weeks annual leave. Any leave for each twelve months’ service with accrued in excess of four weeks will be required to be taken at a time directed by the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basisEmployer.
17.2 The 15.1.5 Notwithstanding clause 15.1.4, the Employer may agree to an Employee retaining more than four weeks accrued annual leave where there are exceptional circumstances.
15.1.6 An Employee may elect to cash out up to two weeks of the accrued annual leave entitlement for each part year. If an Employee accrues more than two weeks annual leave in any year, the leave accrual which carries over to subsequent years may be cashed out provided that a minimum two weeks annual leave is taken as time employee shall off each year. Election to cash out annual leave may only be calculated pro rata according made by notice in writing to the Employer and must be authorised by the Employer. Payment in lieu of annual leave will be made at a rate that is no less than the Employee’s ordinary hours he or she actually worksrate of pay at the time the election is made.
17.3 The 15.1.7 Accrued untaken annual leave will be paid out to the employee on termination of employment.
15.1.8 Employees who have exhausted their annual leave entitlements at the time of giving and taking a closure of leave shall the Employer’s business may be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut stood down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover without pay for the period of the shut downclosure.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued 15.1.9 No annual leave entitlement if the employee’s accrued loading will apply to periods of annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment subject to the employee for that leave period from whatever remuneration is payable to him or her upon having a minimum of twelve months service at the cessation of employment.
17.10 An employee whose employment is terminated by time the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companyfalls due.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks Employees, other than Casual Employees, will accrue annual leave for each twelve months’ year of service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.as per Appendix D.
17.2 The For the purposes of the NES, a shift worker is a seven-day shift worker who is regularly rostered to work on Sundays and Public Holidays (34 Sundays and 6 Public Holidays shifts per year). These workers are entitled to five weeks paid annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksleave.
17.3 The time of giving and taking of Annual leave shall may be by mutual arrangement granted at times mutually agreed between the Company and the employee concernedEmployee.
17.4 If the Employee and the Company agree, leave may be taken wholly or partly in advance before the Employee has been entitled to the annual leave.
17.5 Where the employment relationship is terminated the Company shall:
(a) in addition to all other amounts owed to the Employee, pay the Employee’s annual base salary for all periods of annual leave to which the Employee has become entitled;
(b) be entitled to deduct (subject to s326 of the Fair Work Act), from any sum which is in excess of the amount due to be paid under clause 17.4 as a result of annual leave being taken in advance by the Employee.
17.6 Annual leave is paid on the basis of an Employee’s annual base salary.
17.7 Where an employee working night shift takes leave when he/she would otherwise have been working on shift, the annual leave payment will include night shift loading for the shifts that would have been worked had the employee not been on leave.
17.8 The annual base salary includes payment for working on Public Holidays. Therefore, such Employees will not receive any leave loading whilst on annual leave.
17.9 Employees are encouraged to take their full entitlement of annual leave every year.
17.10 If the Company may direct has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the Company can require the employee to take annual leave during any shut downby giving not less than four weeks’ notice of the time when such leave is to be taken if:
(a) at the time the direction is given, including any such shut down over the Christmas and New Year period, provided the employee has an accrued eight weeks or more of annual leave balance that will at least cover accrued; and
(b) the period amount of annual leave the shut down.
17.5 The Company may direct an employee is directed to take up is less than or equal to a quarter of his or her total accrued the amount of leave accrued.
17.11 Employees may request to cash out up to two (2) weeks of any credited annual leave entitlement in any period of 12 months (or the pro-rata equivalent for part time employees). Such a request will only be considered if the application is in writing and approved by the relevant Human Resources Advisor/Manager and the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave entitlement exceeds 8 being at least 4 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 . The Company may allow annual leave to be taken by cannot ask an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loadingcash out their annual leave, when annual leave is taken wholly or partly exert undue influence or undue pressure on an Employee in advance, until an entitlement accrues due and the loading is then payable in respect of the relation to a decision about whether or not to cash out a period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementannual leave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled to four 18.1 What is annual leave?
18.2 How does the leave accrue?
(a) Full-time and part-time team members accrue 4 weeks annual of leave for each twelve months’ year of continuous service (pro rata for a part-time team member). The entitlement accrues progressively throughout the year based on the ordinary hours of work and in accordance with the NES.
(b) If the leave is unused in the year of service it is accrued, the balance will carry over from year to year.
18.3 How is annual leave taken?
(a) Annual leave can be taken at a time that is mutually agreed between the team member and the Company, exclusive of public holidayssubject to the Company’s operational requirements. Annual Generally annual leave accumulates monthly on will not be granted in the two weeks prior to and the one week after Christmas, and the week prior to and after Easter, unless there are exceptional circumstances. The Company will not unreasonably refuse to agree to a pro rata basisrequest for annual leave.
17.2 The (b) To apply for annual leave entitlement 6 weeks’ notice of the request for each part leave should be provided in line with the current Company processes (as changed from time employee shall to time). A shorter period of notice may be calculated pro rata according to the ordinary hours he or she actually worksconsidered under exceptional circumstances.
17.3 The time (c) Payment will not be made in lieu of giving and taking of leave shall be annual leave.
(d) If mutually agreed by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take team member, annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until advance before the entitlement has accrued. If the team member has not accrued an entitlement accrues due and the loading is then payable in respect to all of the a period of such paid annual leave and is calculated on the relevant minimum rate of pay already taken in accordance with this clause 19 – Minimum wages, payable at the accruing of time the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueemployment ends, the Company may deduct from any money due to the team member on termination an amount equal to the amount of annual leave that was paid to the team member which has not been accrued.
(e) If a team member is undertaking external tertiary studies, where possible alternative business arrangements will be made to provide annual leave to enable the team member to prepare for and to attend examinations.
(f) If a team member has an excessive leave balance of more than 8 weeks (part- time; this is based on an average of ordinary hours worked in the payment previous 12 months), the Company will seek to confer with the employee for that team member and genuinely try to reach agreement on how to reduce or eliminate the excessive leave period from whatever remuneration accrual. If agreement is payable not reached the Company may reasonably direct a team member to him take annual leave by giving at least 8 weeks’ notice. Any direction to take annual leave must result in the team member retaining a leave balance of at least 6 weeks, or her upon the cessation of employmentless by mutual agreement.
17.10 An employee whose employment 18.4 How is terminated by annual leave paid?
(a) Annual leave is paid at the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum base hourly rate of pay plus a loading of 17.5% or the relevant weekend penalty rates, whichever is the greater but not both.
(b) Annual leave can be paid as part of the normal weekly pay cycle or a team member can request to be paid for the entire period as a lump sum payment in the first pay of their leave period. To request the lump sum payment the team member must complete the relevant leave form in line with Company processes (as changed from time to time).
(c) Any accrued or pro rata annual leave will be paid upon termination of employment. The 17.5% loading referred to in clause 19 – Minimum wages18.4(a) will apply to accrued leave on termination.
18.5 Can annual leave be re-credited if I am entitled to access another form of leave during my annual leave?
(a) A team member who would otherwise be eligible for personal leave or compassionate leave during a period of annual leave will have their annual leave re-credited for that period of personal or compassionate leave. The annual leave will be re-credited subject to the team member satisfying the evidentiary requirements specified in clauses 19.4 or 20.1(c).
(b) If a period of annual leave is re-credited in accordance with clause 18.5, for the period team member authorises the Company pursuant to section 324(1)(b) of the Act to deduct the value of annual leave loading in respect of which the re-credited period of annual leave has not been taken, provided that from the loading team member’s weekly earnings in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companynext pay cycle.
Appears in 1 contract
Sources: Retail Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays24.1. Annual leave accumulates monthly on a pro rata basisis provided for in the NES.
17.2 The 24.2. Annual leave does not apply to a casual Employee.
24.3. Hourly entitlement
a. Full time Employees are entitled to 152 hours annual leave
b. Part Time Employees are entitled to their agreed weekly hours agreed in accordance with clause 10.8 ,times (multiplied by) Four (4).
24.4. Payment for period of annual leave
a. an Employee will be paid in accordance with their usual pay cycle while on paid annual leave.
24.5. Annual leave loading
a. During a period of annual leave entitlement for each part time employee shall an Employee will also be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct paid an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period loading equal to 17.5% of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that their ordinary rate of pay.
17.7 The Company 24.6. Excessive leave accruals: general provision
a. An Employee has an excessive leave accrual if the Employee has accrued more than 8 weeks’ paid annual leave.
b. If an Employee has an excessive leave accrual, the Employer or the Employee may allow seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.
c. Clause 24.7 sets out how the Employer may direct an Employee who has an excessive leave accrual to take paid annual leave.
d. Clause 24.8 sets out how an Employee who has an excessive leave accrual may require the Employer to grant paid annual leave to be taken requested by an employee before the right thereto has accrued dueEmployee.
17.8 An employee 24.7. Excessive leave accruals: direction by the Employer that leave be taken
a. If the Employer has genuinely tried to reach agreement with an Employee under clause 24.6.b 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.
b. However, a direction by the Employer: i. is of no effect if it would result at any time in the Employee’s remaining accrued entitlement to the payment of the loading, when paid annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such being less than 6 weeks when any other paid annual leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated arrangements however agreed by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.Employer and Employee are taken into account; and
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 16.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 16.2 The annual leave entitlement for each part part-time employee shall be calculated pro rata according to the ordinary hours he or she actually works.works.
17.3 16.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 16.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 16.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 16.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 18 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.pay.
17.7 16.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 16.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 18 – Minimum wages, payable at the accruing of the entitlement.
17.9 16.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 16.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 18 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 16.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Employer Greenfields Agreement
Annual Leave. 17.1 An employee Full-time permanent employees shall be entitled to four weeks 152 hours of paid annual leave at the completion of each year of service and such leave shall accrue for each twelve months’ service with completed four week period of employment. Payment for annual leave shall not attract any loading as the Company, exclusive employee’s ordinary rate of public holidayspay has been increased to take a loading of 17.5% into account. Annual Part-time and fixed-term employees shall accrue annual leave accumulates monthly on a pro pro-rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according basis in relation to the ordinary hours he or she actually the employee works.
17.3 The time . Due to the nature of giving and taking of the employment contract, casual employees shall not accrue any annual leave. By mutual agreement employees shall be able to access any accrued annual leave prior to working a full year. Annual leave shall be by mutual arrangement exclusive of any statutory holiday that occurs during the period of annual leave. All monies owing to an employee for annual leave purposes shall be paid to the employee incrementally on their usual pay day, unless other arrangements are mutually agreed between the Company employee and the employer. Should an employee's employment be terminated under the terms of this agreement prior to the employee concerned.
17.4 working a full year, the employee shall be paid any accrued annual leave in line with this agreement. Employees are encouraged to take their annual leave within 3 months of the annual leave fully accruing and where an employee accrues excessive annual leave (as determined in clause 1.7 of this agreement) the employer may direct the employee to take up to ¼ of their accrued leave on the provision of 4 weeks notice. The Company employer may also direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance where the employer determines that will at least cover the period all or part of the shut down.
17.5 business is subject to a closure. Employees shall be required to provide the employer with 4 weeks notice of their intention to take annual leave unless otherwise agreed between the employer and the employee. The Company employer shall attempt to comply with an employee’s request for annual leave and where mutual agreement cannot be gained or operational requirements dictate, the employer may direct refuse to grant the request for annual leave. Where an employee is employed in the Farming Stream unless the employee can show exceptional circumstances as to why they need to take annual leave, no employee in this stream shall be granted annual leave where operational requirements dictate that they are required to work. By mutual agreement with the employer, an employee is able to “cash in” up to a quarter half of his or her total their accrued annual leave entitlement per year and forego taking that amount of leave. Such a payment shall be equal to the amount the employee would have been paid if they had taken the employee’s accrued leave. Any requests to “cash in” any annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall provision should be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly employer in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementwriting.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Appears in 1 contract
Sources: Employee Collective Agreement
Annual Leave. 17.1 An employee shall The Employee is entitled to and qualifies for three (3) weeks’ paid annual leave in terms of the Main Collective Agreement if the Employee has completed: 283 (two hundred and eighty three) shifts if the Employee works a six (6) day working week, or 234 (two hundred and thirty four) shifts if the Employee works a five (5) day working week. On completion of the Employee’s fourth consecutive leave cycle, and thereafter, with the same employer, the Employee will be entitled to four weeks an extra week’s paid leave, which the Employee can take in combination with the annual leave, or accumulate for up to three (3) years. Leave will only be granted upon proper completion of a leave application form and approval by the Employer. It is agreed that the bulk of annual leave will be taken during the period ________________________________ to _____________________________. The Employer will communicate the annual shutdown period nine (9) months prior the commencement of the annual shut down period. The Employee is entitled to leave enhancement pay as determined by the Main Collective Agreement. Where the Employee does not qualify for each twelve months’ service with paid annual leave at the Companytime of the annual shutdown, exclusive of public holidays. Annual the Employee must receive leave accumulates monthly pay calculated on a pro rata basis.
17.2 basis and the shortfall will be deemed unpaid leave. The new annual leave entitlement for each part time employee shall be calculated pro rata according cycle will commence on the re-opening of the establishment. Where the Employee has taken more annual leave than the days which has accrued to the ordinary hours he or she actually works.
17.3 The time Employee on the termination of giving and taking the Employee’s contract, the Employee will be indebted to the Employer for the value of such leave shall be by mutual arrangement between the Company deficit and the employee concerned.
17.4 Employee agrees that the relevant amount will be deducted one-off from the Employee’s final payment. The Company may direct an employee Employee will not be allowed to accrue more than 21 (twenty one) days’ annual leave. The Employee must, if operationally possible, take annual leave during any shut down, including any such shut down over the Christmas and New Year accrued for a previous period, provided within the employee has an accrued annual first four (4) months of a next period. Accrued leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect out on termination of employment where the Employee has been employed for: 13 (thirteen) shifts if the Employee works a six (6) day working week, or 10 (ten) shifts if the Employee works a five (5) day working week. Accrued leave will only be paid out annual leave for employees who have on resignation of employment where the Employee has been employed for for: 25 (twenty five) shifts if the Employee works a minimum 12 months with six (6) day working week, or 20 (twenty) shifts if the CompanyEmployee works a five (5) day working week.
Appears in 1 contract
Sources: Permanent Employment Contract
Annual Leave. 17.1 An Each employee of this Unit shall be entitled to four weeks accrue and accumulate annual leave for each twelve months’ at various rates as set forth below based on length of continuous service with the Company, exclusive of public holidayssuch employee. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according used to provide for paid time off on legal holidays which are normally scheduled work days and for other forms of personal paid leave including, but not limited to, employee development leave. Less than 2 years 30 days Two (2) years less than six (6) years 33 days Six (6) years less than eight (8) years 35 days Eight (8) years or more 40 days Employees may carry over a maximum of twenty (20) unused leave days from one fiscal year to the ordinary hours he or she actually works.
17.3 The time next succeeding fiscal year. For the term of giving and taking of this agreement, only the maximum carry over leave balance shall be increased by five days. Employees who begin to work after the beginning of the fiscal year shall receive a proration of the annual accrual based on their start work date. Employees who leave prior to the end of the fiscal year shall receive an adjustment in their annual accrual based on their length of service in their final year. Employees who separate during the year and who have used more than their annual accrual, shall have a proportionate adjustment from their final paycheck. Any employee leaving prior to the end of the first full year of employment shall have no vested accrual. Employees who reach the maximum leave balance, inclusive of any carry over, shall cease to accrue any additional paid time off. Employees who now are provided with paid legal holidays or other supplemental paid time off benefits established by mutual arrangement between agreement may continue to receive such benefits. However, in no case shall maximum annual accrual exceed 40 days. Any employee hired after September 24, 2002 shall be limited to the Company accrual rates as provided in this section, and will not be eligible for additional paid time off. For Obstetricians/Gynecologists and Anesthesiologists who are in-house when taking call, in any pay period in which a county recognized holiday falls, if the employee works a minimum of 80 hours in that pay period, and takes in-house call the employee's leave accruals shall not be deducted if the employee is not scheduled to work on that holiday. Inversely, if the employee does not work a minimum of 80 hours in the pay period a holiday falls and the employee concerned.
17.4 The Company may direct an employee is not scheduled to take work on that holiday, then the employee's annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave accrual shall be made at deducted the relevant minimum rate total number of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave hours needed to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee complete 80 hours for that leave period from whatever remuneration is payable to him particular pay period. This section shall not affect the paid legal holidays or her upon supplemental paid time off benefits established by mutual agreement defined in the cessation of employmentparagraph above.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
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Sources: Memorandum of Understanding