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
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 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 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 (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 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 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 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 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 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 holiday year to the payment next. Unless otherwise specified the holiday year is a calendar year, 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 to an employee before the leave has accrued duetaken. 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 wagesit’s nearest equivalent. During this period 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 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 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 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 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
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 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 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 (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 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 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 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 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 5.1 The Temporary Worker will be entitled to four weeks annual leave for each twelve months’ service with the Companyaccrue, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis, 28 days of paid annual leave per holiday year. Payments for annual leave will be calculated on the basis of the Normal Rate.
17.2 The 5.2 On completion of 12 continuous calendar weeks, the Temporary Worker may be entitled to paid and/or unpaid annual leave entitlement for each part time employee shall be calculated pro rata according in addition to the ordinary hours he or she actually worksTemporary Workers entitlement under clause 5.1. In those circumstances, the Company will inform the Temporary Worker of any such entitlement, the date from which such entitlement will commence and how payment for such entitlement accrues.
17.3 The time of giving and taking of leave shall 5.3 Unless the Temporary Worker specifies otherwise, the Temporary Worker will be by mutual arrangement between paid, as an advance on each relevant payment date his/her accrued entitlement to holiday pay calculated on the Company and above basis. Where such pay has been loaned to the employee concerned.
17.4 The Company may direct Temporary Worker as an employee to take advance the Temporary Worker will not, be paid when the Temporary Worker takes the annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee to which he/she has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct entitlement and for which he/she has already received 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 advance of pay.
17.7 5.4 The Temporary Worker shall endeavour to co-operate with the End Client's requirements at all times. Holiday may only be taken on written notice by the Temporary Worker to the Company of at least twice the intended length of the holiday and with the End Client's prior approval. The Temporary Worker must record all authorised holiday in the relevant timesheet.
5.5 Bank holidays and public holidays are working days and the Temporary Worker will normally be expected to work on these days although the Temporary Worker may book and take them as part of their annual leave. Such days not worked will be unpaid unless taken as paid annual leave using the entitlement set out in clause 5.1.
5.6 For the purposes of this Agreement, the holiday year will be the 12 month period commencing on the Start Date (and, if applicable, each subsequent 12 month period). All entitlement to leave must be taken during the course of the holiday year in which it accrues and none may be carried over into the next holiday year. The Company may allow annual leave is not required by law to be taken by an employee before make any payment in lieu of unused holiday at the right thereto has accrued due.
17.8 An employee has no entitlement to the payment end 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 entitlementholiday year.
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: Service Agreement
Annual Leave. 17.1 An 18.1. 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.
18.2. Payment for Annual Leave will be made at the rate of the Employee’s Base Weekly Agreement rate plus Leave Loading of 17.5%.
18.2.1. If an employee is identified as a Long Distance Driver in their Letter of Appointment, the employee’s Annual Leave will be paid at the Employee’s Base Weekly rate plus Leave Loading of 30%.
18.3. The employees 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 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 18.5. 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 1 contract
Sources: Collective Agreement
Annual Leave. 17.1 An 18.1. 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.
18.2. Payment for Annual Leave will be made at the rate of the Employee’s base Weekly Agreement rate plus Leave Loading of 17.5%.
18.3. The employees 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 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 18.5. 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 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 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 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 21.1. Every employee shall accrue paid annual leave for each week of his or her employment by Lactalis at the rate of 152 hours of paid annual leave per annum, except that those employees working a rotating roster shall be entitled to four weeks 190 hours of paid annual leave per annum.
21.1.1. Employees who are permanently rostered to work night shift will receive annual leave loading of 30%. Employees who work rotating shift rosters that include night shift will receive annual leave loading in line with this clause as ‘pay as it falls’. (i.e. annual leave is taken when night shift is to be worked then the higher leave loading is paid. If annual leave is taken during day or afternoon shift, then leave loading of 17.5% will be paid).
21.2. 190 hours of paid annual leave per annum will be given to employees who do not receive weekend averaging and who work on a roster which includes ordinary time on a Saturday or Sunday. This annual leave entitlement will not be retrospective and will apply to those employees permanently rostered on this type of roster. For those employees who work this type of roster for each twelve months’ service with part of a year, the Company, exclusive of public holidays. Annual week’s leave accumulates monthly will be accrued 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 21.3. Annual leave shall be given and taken by mutual arrangement the employee: • in one continuous period; or • by agreement, between the Company Lactalis and the employee concerned, in any number of separate periods.
17.4 The Company may direct an 21.4. If the employee to take and Lactalis so agree, the annual leave during any shut down, including any or either of 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 separate periods 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 advanceadvance before the employee has become entitled to the annual leave, until an entitlement accrues due on a pro rata basis. The annual leave shall be given by Lactalis and shall be taken by the loading is then payable in respect employee before the expiration of a period of 15 months or longer by mutual agreement after the date upon which the right to such leave accrues. In all cases the timing of the period taking of such annual leave and is shall be by arrangement with Lactalis. Lactalis shall give the employee at least 7 days’ notice of the date on which annual leave shall be taken.
21.5. In calculating an employee's entitlement to paid annual leave, payment shall be calculated on the relevant minimum basis of the employee's base rate of pay in the employee's classification of work as set out in clause 19 – Minimum wages13 of this Agreement plus, payable at if applicable to the accruing employee, allowances as set out in clause 14 and 16 of this Agreement. When an employee proceeds on annual leave, the employee shall receive a loading of 17.5% calculated on the basis 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 employee's weekly base rate of pay in the employee's classification of work as set out in clause 19 – Minimum wages13 of this Agreement plus, for if applicable to the period employee, weekend averaging allowance or average Saturday and/or Sunday penalty rates as set out in respect clause 14 of which this Agreement. Lactalis shall pay each employee weekly whilst on annual leave or as agreed with the employee.
21.6. Payment shall not be made by Lactalis to an employee in lieu of any annual leave entitlement, nor shall any such payment be accepted by the employee. The exception to this is that, where an employee has not been takenaccrued leave after the commencement of this Agreement at a rate in excess of 152 hours per year, provided that the loading in clause 17.6 shall only employee may notify Lactalis of the employee’s choice to be paid out all of those hours in respect excess of paid out 152 as a one-time annual payment. This clause refers to the 5th week’s annual leave for employees who on rotating shifts and is intended to be paid out only once per year if the 5th week has not been taken as annual leave. In these circumstances, Lactalis shall make such payment at the same rate as if the employee were to take the leave as time off work.
21.7. Where any public holiday for which the employee is entitled to payment occurs during annual leave, the hours for this period of leave shall not be deducted from the employee in respect of that public holiday.
21.8. Where the employment of an employee is terminated, payment for any outstanding leave shall be paid to the employee in addition to all other amounts due. Where an employee has been given leave in advance and the employment is terminated, Lactalis may deduct the amount owing to it in respect of leave, from any other remuneration payable to the employee.
21.9. A period of employment on which annual leave accrues shall include: • any period of annual leave or long service leave taken; • any interruption or ending of the employment by Lactalis if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; and • any unpaid absence from work of not more than 28 days in the year of employment on account of sickness or accident.
21.10. Lactalis will ensure that all applications for annual leave are processed (returned to the employee requesting leave) within 5 working days. Leave Application Forms will be completed by an employee wishing to take leave and submitted to his/her Coordinator/Manager at least 7 days prior to the leave commencing. The Coordinator/Manager will then approve or decline the leave and return the approval/declined section of the form to the affected employee within 5 working days. The Coordinator/Manager and employee affected may mutually agree that the form be returned at a later date in some circumstances.
21.11. Cashing out of Annual Leave Lactalis wants employees to utilise their annual leave for the purpose of taking a break from work. However, over time many employees have been employed for built up large annual leave accruals. As a method of reducing high annual leave accruals, employees at their discretion may apply to cash out annual leave, subject to meeting all of the below requirements:
(a) Annual leave is paid out at single time base rates plus applicable annual leave loading;
(b) A minimum of 6 weeks’ annual leave must be retained in annual leave accrual;
(c) A maximum of 4 weeks’ annual leave can be paid out in any calendar year;
(d) The employee must have taken a minimum of 2 weeks’ annual leave in the previous 12 months with prior to their application being submitted.
(e) Applications for the Companypayout of annual leave may only be submitted once per year per employee;
(f) Once the leave has been paid out by application and payment, there shall be no further entitlement to a period of leave or payment of leave in respect to the period paid out.
Appears in 1 contract
Sources: 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 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 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled to four weeks 23.1 For each year of continuous service, full time and part time Employees will accrue 4 weeks’ annual leave (to a maximum of 152 hours per year for each twelve months’ service a full time employee) which, when taken, is paid at the Employee's ordinary time rate of pay that the Employee would receive for working Ordinary Hours in the period of leave.
23.2 Except for the amount of annual leave, Employees' annual leave entitlements are, in all other respects in accordance with the Company, exclusive relevant provisions of public holidaysthe Act. Annual leave accumulates monthly is cumulative and will accrue on a pro rata basisbasis throughout the year.
17.2 23.3 The Hospital may direct Employees to take any annual leave entitlement for each part time employee shall be calculated pro rata according accrued to the ordinary hours he or she actually works.
17.3 Employees, in circumstances where there is a close down of that part of The time of giving and taking of leave shall be by mutual arrangement between Eye Hospital's business in which the Company and Employees work, such as during 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 Christmas/New Year period, provided the employee has . If an Employee does not have enough accrued annual leave balance that will at least to cover the period all or part of the shut close down period, the relevant Employees agree that they will take leave without pay. Employees may use their banked hours during periods where there is a close down.
17.5 23.4 The Company may Eye Hospital is also able to direct an employee Employee to take up to a quarter of his or her total accrued their annual leave entitlement if the employeeEmployee has an annual leave balance greater than eight (8) weeks.
23.5 Employees will be paid an additional 17.5% loading on top of their ordinary pay for the period that the Employee is on annual leave. This loading is not payable for annual leave taken in advance.
23.6 An Employee may elect to forgo some of their paid annual leave and receive a payment instead of actually taking that paid annual leave or continuing to accrue it, subject to the Hospital’s approval. Leave cannot be cashed out in advance of it being accrued. The amount of annual leave an Employee can forgo is limited to any annual leave in excess of the “Protected Amount”. For a full-time Employee, the Protected Amount is four (4) weeks. Accordingly, an Employee can only cash-out paid annual leave if the Employee retains an accrual of at least four (4) weeks of paid annual leave immediately following the cash out.
23.7 An Employee wanting to cash out annual leave must give the Hospital notice in writing. The notice must be in a form acceptable to the Hospital. The Hospital will consider the notice and confirm its decision with the Employee. Each cashing out of accrued annual leave entitlement exceeds 8 weeksmust be by a separate agreement in writing between the Hospital and the Employee.
17.6 Payment for annual leave shall be made 23.8 If the Eye Hospital approves a cashing out request, the Hospital will pay that Employee, at a mutually agreed time, the amount of pay that Employee is entitled to receive in lieu of the Employee taking (or continuing to accrue) the relevant minimum rate amount of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of payannual leave.
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 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 be 20.1 Full time employees are entitled to four 4 weeks annual leave per year on full pay.
20.2 In the event that the Company operates a continuous operation with rostered shifts of 24 hours a day for 7 days a week, employees who are employed as shift workers will have an entitlement to an additional week of paid annual leave for each twelve months’ service with completed 12 month period. A shift worker for the Company, exclusive purposes of this clause is an employee who:
(a) is employed in a business in which shifts are continuously rostered 24 hours a day for 7 days a week; and
(b) is regularly rostered to work those shifts; and
(c) regularly works on Sundays and public holidays. Annual .
20.3 Part time employees will accrue annual leave accumulates monthly on a pro rata basis.
17.2 The 20.4 Annual leave will accrue and be credited to employees on a monthly basis.
20.5 An employee may take accrued annual leave entitlement for each part at a time employee shall to 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 agreed between the Company and the employee concernedemployee.
17.4 20.6 An employee will be paid full pay, excluding any penalty rates, allowances or overtime for annual leave that is taken.
20.7 An employee’s entitlement to 17.5% loading accrues only in accordance with annual leave as contained in clauses 20.1 and 20.
20.8 Annual leave loading is paid at the time that the annual leave is taken and is not paid on annual leave entitlements paid out to an employee at the termination of there employment.
20.9 The annual leave loading is calculated on the base hourly rate.
20.10 An employee may, if the Company agrees, cash out part of their accrued annual leave entitlements in accordance with the Workplace Relations Act 1996. The cashed amount of annual leave will be based on the employees total salary package and will not include 17.5% annual leave loading in accordance with paragraph 20.6.
20.11 An employee wishing to cash out part of their annual leave entitlements must give the Company written notice of their intention to do that.
20.12 If the Company agrees to the employee’s request, the employee will be paid an amount in lieu of the employee taking the accrued leave equal to the amount the employee would have received had they taken that annual leave.
20.13 An employee cannot cash out more than 2 weeks annual leave in any one year.
20.14 Employees will be entitled to an additional 10 days paid annual leave in compensation for working at ordinary rates on public holidays. This additional leave will accrue on a monthly basis. This additional leave will not accrue leave loading.
20.15 The Company may direct an the employee to take accrued annual leave during any shut down, including shutdown period.
20.16 This Agreement operates to the exclusion of clause 27 and 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 ancillary clauses of the shut downAward.
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: Employment Agreement
Annual Leave. 17.1 An employee shall be 38.1 Full time and part time employees are entitled to four (4) weeks (up to 152 hours) annual leave for each twelve months’ (12) months completed service in accordance with the Company, exclusive of public holidaysNational Employment Standards. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part A part-time employee shall accrue an entitlement to annual leave on a pro-rata basis based upon the proportion of the number of hours worked each week.
38.2 Annual leave is paid at the Employee’s ordinary rate of pay plus an annual leave loading of 17.5%.
38.3 Annual leave accrues progressively on a weekly basis but does not accrue during any period of unpaid or unauthorised leave.
38.4 Annual leave can be calculated pro rata according taken by the Employee requesting to take accrued annual leave. Leave approval is subject to the ordinary hours he or she actually worksoperational requirements of the workplace.
17.3 The time of giving and taking 38.5 To assist in the granting of leave shall be by mutual arrangement between the Company and the employee concernedEmployees should generally provide a minimum of two (2) weeks’ notice.
17.4 The Company 38.6 Any untaken leave in one (1) year cumulates to the next year. Untaken annual leave is paid out on termination.
38.7 Where the Employer shuts down all or any part of the business Employees may direct an employee be required 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 on the period provision of the shut downfour (4) weeks’ notice. If an Employee does not have sufficient accrued leave he/she may be required to take leave without pay or leave in advance of accrual.
17.5 The Company 38.8 By written agreement with the Employer, an Employee may direct an employee elect to take up to a quarter cash out part of his or his/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 takeneach twelve (12) month period, provided that the loading remaining accrued entitlement is not less than four (4) weeks.
38.9 Employees who are Night Shift Workers will accrue annual leave additional to that provided in clause 17.6 38.1, equal to 1/52 of the number of hours worked by the Employee as a Night Shift worker for each completed twelve (12) month period of continuous service.
38.10 The provisions of this clause 38 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Companynot apply to casual Employees.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 All full-time employees hired before January 1, 1996 who have completed one year or more of service on December 31st of each year shall be credited with an annual leave allowance on January 1st of the subsequent year as follows: After 1 year 22 days After 5 years 26 days After 10 years 29 days After 15 years 30 days All regular full-time employees hired after January 1, 1996 who have completed one year of service on December 31st of each year shall be credited with an annual leave allowance on January 1st of the subsequent year as follows: After 1 year 15 working days After 5 years 19 working days After 10 years 22 working days After 15 years 23 working days Employees with less than one year of service shall be credited with one leave day per month upon successfully completing their probationary period commencing with the starting date of their employment. On the fifth, tenth, and fifteenth anniversary of their date of hire, employees shall be credited with the additional days annual leave entitlement; for example, four additional days after reaching their fifth anniversary and three additional days after reaching their tenth anniversary. An employee who has completed one year or more of service and who quits his job after serving proper notice (not less than ten working days), will be paid for the balance of his accrued, but unused, annual leave time up to the last day of his employment. An employee who is laid off due to lack of work may elect to be paid for accrued unused annual leave. In the event of death or retirement of an employee, all annual leave due him shall be paid in the same manner as for wages due. An employee who actually works nine months in the calendar year, excluding first year employees, shall be entitled to four weeks annual leave full privileges. An employee otherwise eligible for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The an 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 who works less than nine months in 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 calendar year shall be entitled to a pro rata payment calculated on annual leave based upon one-twelfth of his full annual leave for each month actually worked. An employee is allowed to carry over up to, but not to exceed ten annual leave days from one calendar year to the next calendar year. Annual leave shall not be allowed in advance of being earned. If an employee has insufficient annual leave credits to cover a period of absence, no allowance for annual leave shall be posted in advance of in anticipation of future leave credits. In the absence of applicable leave credits, payroll deductions for the time lost shall be made for the work period in which the absence occurred. If an employee is discharged for just cause or her relevant minimum quits without giving ten working days notice, no annual leave pay will be allowed. Planned annual leave for three or more days for vacation purposes, shall be scheduled between the department head and the employees involved in order to maintain continuity and efficiency of operations. The department head shall, in all planned annual leave cases, make the final decision involving annual leave allocation, both as to the number who may be off at any one time and annual leave dates. In case of differences in meeting staffing requirements the senior employee(s) shall be entitled to the preference. An employee may use leave in increments of one hour, however, the Union agrees with the County that this provision should not be abused. Current balances of the employee's sick bank will be frozen according to the following:
(1) All days accumulated over 60 will be paid at the employee directed method for 2 of the balance over 60 days. Paid at the employees rate of pay as of the date of the signing of the contract. Such payment will continue to be used in clause 19 – Minimum wagesdetermining final average compensation.
(2) From the accumulation of 60 days or less the new sick bank will be created up to a maximum of 60 days. The employee's new bank will be equal to the number of accumulated days in the bank or 60 days whichever is lesser.
(3) This bank will not be used as leave time but shall be used for illness only or as a supplement to the disability insurance program.
(4) An employee may be allowed to use sick bank for sickness in the immediate family, for but must secure permission from his immediate supervisor to leave the period job. For sick bank purposes, immediate family is defined as a relative currently and previously who resides 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 Companyemployee's household.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. 17.1 6.1.1 An employee Employee is entitled to four (4) weeks paid annual leave per year. Annual leave will accrue on a pro rata basis each fortnight period at the rate of 1/13 of ordinary hours paid.
6.1.2 Where an Employee is regularly working on a seven (7) day shift work roster (including Sundays and Public Holidays), he/she will be entitled to 6 weeks paid annual leave per year. In this case the additional annual leave will accrue at the rate of 2/52 of ordinary hours paid.
6.1.3 An Employee who is regularly rostered to work on Saturdays and/or Sundays and Public Holidays but does not work on identified other days of the week shall be entitled to four five (5) weeks annual leave for each twelve months’ service with year of service. In this case, the Company, exclusive additional leave will accrue at the rate of public holidays. Annual leave accumulates monthly on a pro rata basis1/52 of ordinary hours paid.
17.2 The 6.1.4 An Employee may be required to take a nominated period of annual leave entitlement for each part time employee shall due to a partial or complete close down. The Company will advise the dates to be calculated pro rata according taken prior to the ordinary hours he or she actually worksclose down.
17.3 The time of giving and taking of 6.1.5 Normally annual leave shall must be by mutual arrangement taken in the year in which it accrues.
6.1.6 Remaining annual leave will be taken at times agreed between the Company and the employee concerned.
17.4 The Employee. In the absence of agreement, 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 Employee to take up to a one quarter (25%) of his or his/her total accrued annual leave entitlement if the at any time that he/she has accrued eight (8) weeks or more annual leave.
6.1.7 Annual leave is payable at an employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum ordinary rate of pay (being the applicable ordinary rates described in clause 19 – Minimum wages, plus a loading Schedule 1) for the number 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 ordinary hours 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 Employee would have worked during the period of such annual leave. Annual leave and hours paid will be deducted from the Employee’s accrued entitlement.
6.1.8 Leave loading is calculated payable at 17.5% computed on the relevant minimum normal rate of pay in clause 19 – Minimum wages, payable for the classification of the employee at the accruing commencement of such leave; or the entitlementweekend and shift penalties the employee would have received had the employee not been on leave, whichever is the greater.
17.9 Where 6.1.9 Any annual leave has been granted to an employee before accrued but not taken will be paid out on termination of employment based on the leave has accrued due, the Company may deduct the balance ordinary rate of the payment to the employee for pay at that leave period from whatever remuneration time. Leave loading is not payable to him or her upon the cessation on termination of employment.
17.10 An 6.1.10 Upon the written request of an employee whose employment is terminated and by the Company or who lawfully leaves the employment shall be entitled mutual agreement, up 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 two (2) weeks annual leave has not been taken, provided that the loading may be cashed out in clause 17.6 shall only be paid in respect each twelve (12) month period. The cash out of paid out annual leave for employees who does not include leave loading. The employee must have been employed for a minimum 12 months with accrued sufficient leave before the Companycash out provision can come into play.
Appears in 1 contract
Sources: Collective Workplace Agreement
Annual Leave. 17.1 An employee shall be 37.1 A full-time Employee is entitled to four weeks 152 hours annual leave, accrued proportionately every 4 week period and credited to the Employee monthly, for each completed year of service at their Ordinary Rate of Pay.
37.2 A part-time Employee is entitled to annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro pro-rata basis.
17.2 The 37.3 Any untaken annual leave entitlement shall accumulate from year to year.
37.4 The payment for each part time employee annual leave is conditional on the Employee completing at least four (4) week’s continuous employment with the Employer.
37.5 During a period of annual leave taken by an Employee, the Employee shall be calculated pro rata according paid a loading of 17.5% in addition to the ordinary hours he or she actually workstheir Ordinary Rate of Pay.
17.3 The time 37.6 Where an Employee who would have worked Shift Work had they not been on leave, takes a period of giving and taking of leave annual leave, they shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee paid in addition 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 their Ordinary Rate of Pay for the period of the shut downleave taken, the higher of the applicable Shift Allowance or the 17.5% leave loading, whichever is the higher, but not both.
17.5 The Company may direct 37.7 No loading is payable to an employee to take up to a quarter of his or her total accrued Employee who takes 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, provided that, if the employment of such an Employee continues until an entitlement accrues due and the day when they would have become entitled to the annual leave, the loading is then becomes payable in respect of the period of such leave.
37.8 Annual leave shall be given and is calculated on taken at a time mutually acceptable to both the relevant minimum rate of pay in clause 19 – Minimum wages, payable Employer and the Employee.
37.9 Any untaken accumulated annual leave will be paid out to the Employee at the accruing termination of their employment.
37.10 Where the Employer conducts shut down/s of the entitlement.
17.9 Where Berkeley Vale Workplace, affected Employee(s) shall be required to take up to two (2) weeks of their accrued annual leave per year. Employees are responsible for ensuring adequate leave has been granted accrued to cover shut down periods. Employees with insufficient leave accruals to cover this will take leave without pay.
37.11 An Employee must take an employee before amount of annual leave if:
(a) they are directed to do so by the leave has accrued dueEmployer; and
(b) at the time the direction is given, the Company may deduct the balance of the payment to the employee for that Employee has annual leave period from whatever remuneration is payable credited to him or her upon of more than 8 weeks; and
(c) the cessation amount 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 Employee is directed to take is less than, or equal to, ¼ of paid out the amount of credited annual leave for employees who have been employed for a minimum 12 months with of the CompanyEmployee at the time that the direction is given.
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 employee 18.1 Regular full-time Employees shall be entitled to four weeks accrue annual leave for each twelve months’ service with benefits based upon the Companyfollowing schedule: Continuous Years District Service Days Per Year Hours Per Month 40 Hour Week Up to 1 12 8.000 Over 1 13 8.667 Over2 14 9.333 Over4 15 10.000 Over? 16 10.667 Over10 17 11.333 Over 13 18 12.000 Over15 24 16.000 Regular part time (20 hours or more) Employees accrue pro-rated annual leave based upon the number of regularly scheduled work hours. Employees may not accrue more than 32 days (256 hours) annual leave; provided, exclusive however, Employees shall not lose annual leave accrual if the Employee's scheduled annual leave is canceled, at the request of public holidays. Annual management, due to an emergency; provided the annual leave accumulates monthly on a pro rata basislost because of an emergency is rescheduled within ninety (90) days.
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 18.2 Employees 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 not use accrued annual leave balance that will at least cover the period until they have completed six months of the shut downcontinuous employment.
17.5 The Company may direct 18.3 If a recognized holiday falls during an employee to take up to a quarter of his or her total accrued Employee's annual leave entitlement if leave, the employee’s accrued holiday shall not be counted against the Employee's annual leave entitlement exceeds 8 weeksleave.
17.6 Payment 18.4 If an Employee becomes ill during his/her annual leave, he/she may choose to apply sick leave rather than annual leave, as appropriate.
18.5 Requests for annual leave shall be made approved by the supervisor. The sequence of requests (first) and seniority (second) shall determine annual leave requests for the same time.
18.6 Upon termination of regular employment, an Employee or his/her beneficiary shall be paid for all accrued annual leave at the relevant minimum Employee's rate of pay in clause 19 – Minimum wages, plus a loading at the time of 17.5 per cent on that rate of paytermination.
17.7 18.7 The Company may allow District shall inform each Employee of his/her accrued annual leave to be taken by an employee before the right thereto has accrued dueupon request.
17.8 An employee has no entitlement to the payment 18.8 Employees will accrue one day 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 the month in which they are hired if they begin work on or before the fifteenth (15th) of the month and work continuously through the rest of the month. Employees who have been employed separate from the District on or before the 15th day of any month will accrue annual leave for a minimum 12 months with the Companypay period in which they separate. Employees who separate from the District after the 15th day of any month shall accrue one day of annual leave for that month.
Appears in 1 contract
Sources: Collective Bargaining 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 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 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. Payment for Annual Leave will be made at the rate of the Employee’s base Weekly Agreement rate plus Leave Loading of 17.5%.
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’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 18.5. The Company may direct an employee require the 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 1 contract
Sources: 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 for each twelve months’ per annum. Where an Employee is engaged in continuous Shift Work 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%.
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, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
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 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 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 shall The holiday year runs from 1st April to 31st March. Holiday is accrued on the basis of completed days of service and holiday balances are available on the HR system. The number of days holiday increases with length of service. The increase in number of days off applies from 1st April following the date on which the colleague has the required length of service. A minimum of two consecutive or single weeks of this annual entitlement must be entitled taken between the 1st May and 15th October in each year, by mutual agreement. In special circumstances, and subject to four weeks the needs of the business, this two week holiday may be allowed outside the normal period, subject to agreement between the line manager and colleague. The remainder of a colleague’s holiday entitlement will be made up of a reasonable balance of ‘odd’ days and consecutive days of holiday and subject to local agreement and the needs of the business. Note that during busy periods such as December/January managers may need to restrict holidays to ensure that we can be there for our clients. In order to minimise business disruption and to avoid a build-up of untaken holidays at the holiday year end (ie February - March) colleagues must plan their annual leave for each twelve months’ service entitlement at the earliest opportunity with their line manager. Holidays cannot be carried over into the Companyfollowing year, exclusive nor can payment be made in lieu 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 downHoliday Pay Calculation - Effective from 6th April 2020, 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 holiday 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 basis of a colleague’s average earnings over the rolling previous 52 weeks or their Basic Salary, whichever the higher. If a colleague has less than 52 weeks service, holiday 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 will be entitled to a pro rata payment calculated on his or her relevant minimum rate the basis of pay in clause 19 – Minimum wages, for a colleague’s average earnings over the period in respect total number of weeks during 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 they have been employed with Co-op, or their Basic Salary, whichever the higher. When colleagues leave the Co-op, they’re entitled to receive payment for any accrued but untaken holidays. This is calculated by taking the amount of holiday accrued since the previous 1st April and deducting any holidays already taken. If a minimum 12 months colleague has taken more holidays than they have accrued at the point they leave the Co-op, then the Co-op will deduct the salary equivalent (calculated as above) for the overtaken holidays from the colleagues’ final pay. Please see appendix D which sets out the pay elements which are currently included in the holiday pay calculation referred to above. Please note that these elements may be reviewed from time to time, to ensure that we are complying fully with the Companyour legal and contractual obligations.
Appears in 1 contract
Sources: National Agreement on Pay, Allowances and Terms and Conditions of Employment
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 14.1 Each employee is entitled to four week’s leave after every 12 months of continuous service.
14.2 Leave accrues pro rata on a weekly basis.
14.3 If any public holiday falls within an employee's period of annual leave and is on a day that the employee would have been working, a day shall be added to the leave for each public holiday during that period.
14.4 Any time an employee is absent from work on unpaid leave will not count towards accumulating annual leave and long service leave entitlements.
14.5 In addition to payment for annual leave 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 paid a loading of 17.5 per cent percent calculated on that rate of payhis/her ordinary wage for four weeks.
17.7 14.6 The Company loading shall not apply to incomplete years of service upon termination.
14.7 Any leave accrued and not taken by the employee prior to termination shall be paid in lieu, unless the employee has been justifiably dismissed for misconduct, and the misconduct for which he/she had been dismissed occurred prior to the completion of that qualifying period.
14.8 With the consent of the employer and the employee, annual leave may be taken in more than one period of leave.
14.9 No employee shall be required to proceed on annual leave unless at least two weeks’ prior notice is given. The employer shall, as far as practicable, allow annual leave to suit the convenience of the employee, with the exception of Guaranteed Hours Trainers and Part- Time Assistant Trainers who will be required to take two weeks annual leave entitlement during the Christmas/New Year close down period.
14.10 At the request of the employee, and with the consent of the employer, annual leave may be taken by before the completion of 12 months continuous service.
14.11 On termination, if an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual taken more 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 duethan they have accrued, the Company employee shall be liable to pay the amount representing the difference including any leave loading paid. The employer may deduct the balance of the payment this amount from monies due to the employee for that leave period from whatever remuneration is payable to him or her upon at the cessation time of employmenttermination.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be 14.12 Part time employees are 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 takenon a pro-rata basis. Where a part-time employee is required to work in excess of their ordinary hours (as stipulated in their contract), provided that the loading in clause 17.6 employee shall only be paid in respect of paid out have their annual leave entitlement adjusted according to the additional hours worked up to 37.5 hours in each week.
14.12.1 The calculation for employees who have been employed for a minimum this additional entitlement will be calculated as at the 30th of June each year and be based on the average hours worked in excess of an employee's ordinary hours in the preceding 12 months with the Companymonths.
14.12.2 Additional hours calculations will include preparation and maintenance time, where appropriate.
14.12.3 The additional annual leave entitlement will attract annual leave loading up to 37.5 hours per week.
Appears in 1 contract
Sources: Collective Workplace 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 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 is terminated by employee’s entitlement to paid well-being leave does not accumulate from year to year and cannot be cashed out.
(iv) On termination or when resigning or at completion of the Company or who lawfully leaves project 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, an Employee.
(v) Accruals for the period in respect of which annual Well-being 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 Companywill commence upon Lodgement .
Appears in 1 contract
Sources: Union Agreement
Annual Leave. 17.1 21.1 Employees are entitled to annual leave in accordance with and subject to the provisions of the National Employment Standards.
21.2 Employees other than casual employees will be paid leave loading for periods of annual leave at the rate of 17.5% of the employee's base salary for the period of the leave.
21.3 An employee shall may be entitled to four accrue a maximum of eight (8) weeks annual leave for each twelve at any one time. An employee may be entitled to accrue leave in excess of eight (8) weeks if agreed to by the employee and the Chief Executive Officer or their nominee, and the maximum amount of accrual is determined in advance. In the event an employee accrues more than eight (8) weeks of annual leave, the Chief Executive Officer may direct the employee to commence a period of leave with at least one (1) months’ service ' notice.
21.4 Annual leave may not be taken in periods of less than one (1) day unless approved by the Chief Executive Officer or their nominee.
21.5 Accrued annual leave may only be "cashed out" in accordance with the Company, exclusive provisions of public holidays. Annual leave accumulates monthly on a pro rata basis“the Award”.
17.2 The 21.6 Other than as specified at clause 21.4 there is no maximum or minimum limit on the amount of annual leave entitlement for each part time employee shall be calculated pro rata according to that 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 employer may direct authorise an employee to take take, provided that authorisation by the employer will not be withheld unreasonably for an amount of annual leave during credited to an employee.
21.7 By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. If leave is taken in advance and the employment terminates before the entitlement has accrued, the employer may make a corresponding deduction from any money due to the employee on termination.
21.8 Annual shut down, including any such shut down over
(a) An annual shutdown period may occur during the Christmas and New Year period. The annual shut down arises where the employer closes down the business, provided or any part of the business in which the employee has works.
(b) The employer will provide employees with at least one month of notice before an accrued intended annual shutdown period.
(c) During a shutdown period the employee may, at their discretion, take either approved special leave, annual leave balance that will at least or accrued time in lieu. If the employee does not have a sufficient amount of special leave, annual leave or accrued time in lieu to cover the period of shutdown period, the shut down.
17.5 The Company employee 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 without pay.
17.7 (d) The Company may allow annual employer may, at its discretion, decide to grant an additional day or days of leave to be taken by an employee before the right thereto has accrued dueemployees during this period.
17.8 (e) An individual employee has no entitlement may seek approval to the payment work during some or all 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 entitlementshutdown period.
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
14.1. Subject to clause b, employees are entitled to annual leave in accordance with this clause and the National Employment Standard (NES).
14.2. For each year of service with the Company employees are entitled to four weeks (4) weeks’ paid annual leave based on ordinary hours of work; pro-rata for each twelve months’ service with parttime employees.
14.3. An employee’s entitlement to annual leave accrues on a weekly basis but does not accrue during any period of unauthorised absence, unpaid leave or unpaid authorised absence.
14.4. Any untaken leave in one (1) year accumulates to the next year. Untaken annual leave is paid out on termination of employment.
14.5. Annual leave is paid at the employee’s Base Rate of Pay for the employee’s ordinary hours of work in the period.
14.6. Where an employee is entitled to a public holiday, or other period of leave under the NES (other than unpaid leave), which falls during a period of annual leave that day (or part day) shall not be considered to be part of the period of annual leave.
14.7. Annual leave may be taken by agreement between the employee and the Company, exclusive of public holidaysprovided that the Company will not unreasonably refuse a request to take accrued annual leave. Annual leave accumulates monthly on a pro rata basis.
17.2 The When requesting to take annual leave entitlement for each part time employee shall be calculated pro rata according employees should provide a minimum of four (4) weeks’ notice 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 intended start date. Unless otherwise agreed between the Company and the employee concernedemployee, annual leave should be taken within 18 months of it accruing.
17.4 The 14.8. Notwithstanding the above, 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.take:
17.5 The Company may direct an employee to take a. up to a quarter third of his or her total their accrued annual leave entitlement where the employee has accrued more than six (6) weeks annual leave;
b. leave where it shuts down all or part of the business provided that if an employee does not have sufficient accrued leave they may be required to take leave without pay;
c. accrued annual leave by giving two (2) weeks’ notice due to the employee’s operational requirements of the Company.
14.9. By written agreement with the Company, an employee may elect to cash out part of their 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 employee maintains a minimum of four (4) weeks’ accrued leave.
14.10. A shift worker defined as an Employee:
a. who is employed to work in clause 17.6 shall only an enterprise in which a system of consecutive shifts are continuously rostered throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Company); and
b. who is regularly rostered to work those shifts; is entitled to be paid in respect of paid out annual leave at the rate of five (5) weeks of ordinary time for employees who have been employed for a minimum 12 months each year of continuous service consistent with the CompanyFW Act.
14.11. The provisions of this clause shall not apply to casual employees.
Appears in 1 contract
Sources: 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 holidays27.1. Annual leave accumulates monthly Full time and part time Employees (on a pro rata basis) are entitled to four (4) weeks annual leave for every twelve (12) months completed service in accordance with the NES.
17.2 The 27.2. A Continuous Shift Worker is entitled to an extra week's leave after twelve (12) months’ service on a pro-rata basis.
27.3. Subject to this clause, an Employee's entitlement to annual leave entitlement accrues at 2.769 hours per week at their all-purpose ordinary hourly rate to one hundred and forty-four (144) hours per annum (36 hours x 4 weeks). Any time in respect to which an Employee is absent from work on unpaid or unauthorised leave, shall not count for each part time employee the purposes of determining their right to annual leave accrual, except as otherwise provided in this Agreement.
27.4. Annual leave is paid at an Employee's all-purpose ordinary hourly rate of pay plus a loading of 17.5%. When an Employee's employment terminates, the Employee shall be calculated pro rata according entitled to be paid any untaken accrued annual leave that has been credited to that Employee. The leave loading will also apply to proportionate leave on termination but will not apply where an Employee has been dismissed by the Company for serious misconduct.
27.5. Annual leave can be taken by an Employee requesting to take some or all of the annual leave which has been credited to the ordinary hours he Employee, subject to authorisation by the Company. The Company will not unreasonably refuse a request to take annual leave credited to an Employee that has given sufficient notice (not less than two (2) weeks); however; authorisation is subject to the operational requirements of the workplace. If an Employee has more than four (4) weeks leave accrued, they can take the excess leave in addition to the 4 weeks, or she actually workspart thereof, at any time after giving the Company 2 weeks' notice of their intention to do so and the Company cannot decline the Employee’s request to take such leave.
17.3 The time of giving and taking of leave shall be by mutual arrangement between 27.6. Where the Company and shuts down all or any part of the employee concernedbusiness, such as at Christmas, Employees may be directed to take accrued annual leave. If an Employee does not have any annual leave accrued that Employee will be required to take leave without pay or take unused RDO’s. The Company shall provide at least six (6) weeks of notice of any intention to shutdown the business or part of the business.
17.4 27.7. The Company may direct an employee Employee to take annual paid leave if the Employee has accrued more than eight (8) weeks of leave and the Company and Employee are unable to reach agreement on taking of leave. The Company must give an Employee at least twenty-eight (28) days’ notice prior to the date the Employee is required to commence the leave. The amount of leave the Employee is directed to take must be no greater than twenty-five (25)% of the amount of leave accrued.
27.8. A Company and Employee may agree that the Employee can take a period of paid leave over a longer period. Where this occurs, the payment for the leave will be reduced in proportion to the period of extension. E.g. it may be agreed the leave period is doubled and taken on half pay.
27.9. The Company and an Employee may agree for the Employee to take annual leave during any shut downin advance of entitlements. Where this occurs, including any such shut down over the Christmas and New Year period, provided Employee's leave balance will be reduced by the employee has an accrued amount equivalent to the leave taken in advance as the Employee's entitlement to paid annual leave balance that will at least cover the period of the shut down.
17.5 accrues. The Company may direct an employee deduct form the Employee's termination payments, leave taken in advance where the entitlements 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 accrued as at the loading in clause 17.6 shall only be paid in respect date of paid out termination.
27.10. Any untaken annual leave for employees who have been employed for a minimum 12 months with in any one year accumulates to the Companynext year.
27.11. This clause does not apply to casual Employees.
Appears in 1 contract
Sources: Enterprise 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 1 contract
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. Payment for Annual Leave shall be at the rate of an Employee’s Flat Hourly rate of pay as set out in clause 9.1 inclusive of Leave Loading. The employees shall be paid 38 hours at this rate in respect of each week of Annual Leave or 7.6 hours at this rate in respect of each day of Annual leave.
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.
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’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 18.5. The Company may direct an employee require the 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 1 contract
Sources: Collective Agreement
Annual Leave. 17.1 An Amount – full time employees
12.1 If you are a full time employee shall you will be entitled to four weeks annual 20 days paid leave for in respect of each twelve months’ service with completed 12 months continuous service. Annual leave shall be taken at a time determined by mutual agreement between you and the CompanyGMHC subject to the provisions of Clause 12.5.
12.2 If you are a part time employee you will be entitled to 20 days leave after each completed 12 months continuous service. You will be paid pro rata based on the number of ordinary hours worked each week, provided that the pro rata calculation will be according to the average of your weekly ordinary hours worked over the qualifying period if those actually worked vary from week to week.
12.3 Annual leave as provided by clause 12.1 is exclusive of public holidaysholidays provided for in clause 22 of this Agreement. Annual If a public holiday falls during a period in which you are taking annual leave accumulates monthly on a pro rata basisyou may either extend you leave by the length of the public holiday or apply to have you annual leave credited for the required time.
17.2 The 12.4 If you are ill or suffer an injury whilst you are on annual leave entitlement you may have your annual leave recredited and your sick leave debited for each part time employee shall be calculated pro rata according the relevant period subject to the ordinary hours he or she actually works.
17.3 The time provision 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 a medical certificate covering the period of the shut downillness or injury.
17.5 12.5 The Company GMHC recognise the benefits to you of utilising annual leave on a regular basis and will, wherever practicable, encourage leave to be taken as it accrues and avoid accumulation of leave. Consistent with this objective the GMHC may direct an employee require you to take up leave so as to a quarter of his or her total accrued annual ensure that leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeksaccrual does not exceed 20 days.
17.6 Payment for annual 12.6 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 will apply to annual leave to be taken by an employee before always providing that 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 maximum allowance payable in respect of any one year’s service does not exceed the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing equivalent of the entitlement.
17.9 Where leave has been granted to an employee before Australian Statistician’s average weekly earnings per male employed unit for the September quarter of the year preceding the year in which the leave has accrued falls due, the Company may deduct the balance . The loading will apply to pro rata leave on termination except where such termination is made for serious misconduct in accordance with clause 6.6. If your regular pattern of work includes ordinary hours on a weekend you will be entitled whilst on annual leave to receive an average of the payment to penalty payments you would have received had you been working in lieu of the employee leave loading provided for in Clause 12.6. Provided that leave period from whatever remuneration is where the average penalty payments are less than the amount which would be 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 under clause 12.6 you 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 leave for employees who have been employed for a minimum 12 months with the Companyhigher amount.
Appears in 1 contract
Sources: Employment 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 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 employee
16.1 Employees shall be entitled to four weeks leave of absence on full pay in respect of each leave year as follows:
16.2 Four weeks’ annual leave (prorated to FTE), for the first year of service.
16.3 Five weeks’ annual leave upon 12 months of continuous service to Fertility Associates (prorated to FTE), that is, 5 weeks for each twelve months’ year of service with after the Companyfirst year.
16.4 Where possible, exclusive of public holidaysannual leave shall be taken during the year in which it falls due. Annual leave accumulates monthly on a pro rata basisshall be taken following prior agreement with the employer.
17.2 The 16.5 Payment for annual leave will be made in accordance with the provisions of the Holidays Act 2003 and its amendments.
16.6 Employees may take annual leave in advance during the year as their entitlement for each part time employee shall be calculated pro rata according is earned, subject to the ordinary hours he or she actually works.employer’s approval as to when the leave is taken. If agreed with the line manager, employees may carry forward some of their annual leave to the following year, so long as their current and accrued entitlement at any time does not exceed the equivalent of six weeks entitlement of annual leave
17.3 The time of giving and taking of leave shall 16.7 Employees may be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee required to take annual leave during any shut downif their balance exceeds the amount specified as above. However, including any such shut down over the Christmas and New Year period, provided Fertility Associates will give a minimum of 14 days’ notice but will endeavour to give as much notice as possible.
16.8 If the employee has an accrued is sick while on annual leave and have a sick leave balance that will at least cover available, the period of employer may allow 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 sick leave, in which case the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at reinstated, and the relevant minimum rate period of pay in clause 19 – Minimum wages, plus a loading of 17.5 sickness will be offset against the employee’s sick leave entitlement
16.9 You will be entitled to one (1) day’s birthday leave each calendar year provided your agreed hours are more than sixteen (16) per cent on that rate of pay.
17.7 The Company may allow annual week. Birthday leave is to be taken by an employee in the two (2) weeks before the right thereto has accrued due.
17.8 An employee has no or after your birthday as agreed between you and your manager. Your entitlement to birthday leave will not form part of any benefit payable on termination of this Agreement. Should you fail to take your birthday leave within the payment of the loadingstated period, when annual your entitlement to birthday 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 entitlementwill expire automatically.
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: Embryology 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 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.
Appears in 1 contract
Sources: Memorandum of Understanding
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 18.1. 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.
18.2. Payment for Annual Leave will be made at the rate of an Employee’s base Weekly Agreement rate plus Leave Loading of 17.5%.
18.3. The employees 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 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 an Employee makes the election to cash-out that amount of Annual Leave. If an 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 18.5. 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 1 contract
Sources: Collective Workplace Agreement
Annual Leave. 17.1 An employee shall 30.1 Employee’s are entitled to four (4) weeks paid annual leave over a twelve (12) month period.
30.2 Annual Leave will accrue and be credited on a pro-rata basis each four weekly period of continuous service at the rate of 1/13th of ordinary hours worked.
30.3 Where an Employee regularly works on a continuous seven (7) day shift roster (meaning you regularly work on Sundays and Public Holidays on Shift work over seven (7) days a week, you will be entitled to four five (5) weeks paid annual leave for each twelve months’ service with per year. This additional week of annual leave will accrue at the Companyrate of 1/52 of ordinary hours worked. For an Employee who works an average of 32 hours per week , exclusive of public holidays. Annual this equates to 160 hours annual leave accumulates monthly on a pro rata basisper year.
17.2 The 30.4 If annual leave entitlement entitlements are expired, the Employee will have access to entitlements of RDO’s and Long Service Leave. If all leave entitlements are expired, ▇▇▇▇▇▇▇ will grant leave in advance 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 30.5 Annual Leave will be taken at times agreed between Employees and Philmac in advance of the period to be taken. An Employee request for annual leave during the 12 hour shift cycle may not be approved where the company operational requirements cannot be met.
30.6 In the absence of agreement, Philmac can direct an employee Employees to take up to a one quarter (25%) of his or her total their accrued annual leave entitlement if entitlement, where the employee’s Employee has accrued eight (8) weeks or more annual leave entitlement exceeds 8 weeksleave.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages30.7 As a general practice, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow ▇▇▇▇▇▇▇ expects annual leave to be taken by an employee before in the right thereto has accrued dueyear in which it accrues.
17.8 An employee has no entitlement 30.8 Annual leave is payable at an Employee’s ordinary rate of pay, based on the ordinary hours that an Employee would have expected to work during the period of annual leave. Annual leave hours will be deducted from your accrued entitlement.
30.9 Philmac will pay annual leave loading at the highest of either 17.5% on the value of annual leave taken or a premium based on shift loading you would have received had you worked. Leave loading is not payable on termination upon any proportionate amount of annual leave and payment will be based on your ordinary rate of pay at that time.
30.10 Employees may be required to take annual leave over a nominated period over the Christmas/New Year shut down period. ▇▇▇▇▇▇▇ will advise Employees of the dates to be taken prior to the payment shutdown.
30.11 Employees can agree with ▇▇▇▇▇▇▇ to cash out a portion of the loading, when their leave entitlement in lieu of taking such leave. A condition of cashing-out of annual leave is taken wholly or partly that Employees may only cash out two (2) weeks annual leave in advance, until each twelve (12) month period and an entitlement accrues due and Employee’s request to cash-out annual leave must be made to Philmac in writing. This cash-out would include the loading 17.5% which is then payable in respect of relevant to 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 entitlementbeing cashed.
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: 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 Family 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 1 contract
Sources: Construction Agreement
Annual Leave. 17.1 An 33.1 Annual leave entitlement and annual leave loading
33.1.1 Except as otherwise provided in this Agreement, every employee shall for each year of employment by the employer be entitled to four an annual holiday of 4 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 wagespay, plus a loading of 17.5 per cent on that rate 17.5%. This entitlement will accrue progressively during a year of payservice according to the employee’s ordinary hours of work and shall accumulate from one year to the next.
17.7 The Company may allow 33.1.2 In the case of a shift worker where the employee would have received shift loadings had the employee not been on leave during the relative period and such loadings would have entitled such employee to a greater amount than the 17.5% loading, then the shift loadings shall be added to the employee's ordinary pay in lieu of the annual leave to be taken by an employee before the right thereto has accrued dueloading.
17.8 An 33.1.3 In the case of a weekly employee has no entitlement engaged under a system of payment by results, such employee shall, in addition to his/her ordinary pay, receive either the payment average of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable weekly additional payments earned under such system in respect of ordinary hours worked over the period of such leave and preceding 13 weeks or the loading prescribed in Clause 33.1.1 hereto whichever is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementgreater.
17.9 Where 33.1.4 The annual leave has been granted loading prescribed in this clause shall only apply to an employee before the weekly employees and shall not be applicable to proportionate 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 on termination of employment.
17.10 An 33.2 Annual leave entitlement - 7-day shift workers
33.2.1 In addition to the leave hereinbefore prescribed 7-day shift workers who are rostered to work regularly on Sundays and holidays shall be allowed one week leave including non-working days; plus a loading of 17.5%.
33.2.2 Where an employee whose with one year continuous employment is terminated by engaged for part of the Company or who lawfully leaves the employment yearly period as a 7 day shift worker, he/she shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for have the period of annual leave hereinbefore prescribed increased by half a day for each month he/she is continuously engaged as aforesaid.
33.2.3 In the case of an employee who is engaged for part of any year of employment as a 7 day shift worker, and whose employment is terminated, he/she shall be paid in addition to any other amounts due an additional amount equal to one twelfth of the employee's ordinary pay in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect his/her period of paid out annual leave for employees who have been employed for employment as a minimum 12 months with the Company7 day shift worker.
Appears in 1 contract
Sources: 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 (1) The quantum 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 as follows:
(a) Full Time Employees are entitled to four (4) weeks annual leave on completion of each twelve months of continuous service.
(b) Full Time Employees who are "shift workers", which includes Employees who regularly complete on call as defined in Clause 7 (1) (n) are entitled to one week's additional leave,
(c) Part Time Employees accrue a pro rata entitlement as stipulated in (a) and (b) above indirect proportion to the relevant minimum number of ordinary hours worked.
(2) The entitlement of annual leave shall continue to accrue whilst an Employee is on annual leave and other forms of paid leave. Annual leave shall not accrue during any period of unpaid leave except for the first three (3) months of unpaid sick leave and the first month of workers compensation leave.
(3) Annual leave accrues on a weekly basis and accumulates from year to year. Rate of Pay
(4) An Employee shall be paid for any period of annual leave as prescribed in this clause as follows:
(a) the rate of wage including the shift and weekend penalties the Employee would have received had the Employee not proceeded on annual leave, or
(b) Where it is not possible to accurately calculate the shift and weekend penalties the Employee would have received, the Employee will be paid a rate which includes:
(i) the ordinary rate of wage which the Employee had received for the greatest proportion of the 4 weeks immediately prior to taking the leave; and
(ii) the average shift and weekend penalties received over the 4 weeks prior to taking the leave.
(5) In any event, an Employee shall not be paid less than the ordinary rate of pay in clause 19 – Minimum wages, (excluding shift and weekend penalties) the Employee would have received at the time of taking the leave plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow 17.5% for the 4 weeks annual leave and one week's additional shift leave component. Timing of Payment
(6) The Employee is to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment paid for a period of the loading, when annual leave at the time payment is taken wholly or partly made in advancethe normal course of employment, until an entitlement accrues due and unless the loading is then payable Employee requests in respect of writing to be paid before the period of such leave and is calculated on commences. Termination
(7) If the relevant minimum rate Employee's employment terminates, the Employee shall be paid for any annual leave (full entitlement or pro rata) which has accrued under subclause (1) but which has not yet been taken. Leave loading shall only apply to leave resulting from a completed year of pay service. Taking Annual Leave
(8) By agreement with the Employer an Employee may take annual leave in clause 19 – Minimum wages, payable at the accruing of the entitlementany portion.
17.9 Where leave has been granted (9) Annual Leave shall be taken at a time which is mutually convenient to an employee before the Employer and the Employee provided that the leave has accrued due, must be taken within 24 months following the Company may deduct the balance date 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 accrual. Where Annual Leave has not been takentaken within 24 months of accrual, 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 Employer may give the Company.Employee at least two
Appears in 1 contract
Sources: Registered Nurses 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 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 An employee shall be Full-time Employees are entitled to four (4) weeks paid annual leave for each twelve months’ per year which accrues progressively during a year of 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 Employee’s ordinary hours he or she actually works.
17.3 The of work and accumulates from year to year. Part-time Employees will accrue annual leave on a pro-rata basis based on the average hours worked in any ordinary week. Where an Employee regularly works on a continuous 24 hour/7-day shift work roster and is a shift worker for the purpose of giving and taking the NES, they are entitled to an additional one (1) week paid annual leave per completed year of service. In this case the additional annual leave shall will accrue at the rate of 1/52 of normal hours worked. An Employee may be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee required to take a nominated period of 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 due to a partial or complete shutdown of the shut down.
17.5 business. The Company may direct an employee to take up to a quarter Employer will advise the Employee 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 dates to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement prior to the payment of the loading, when shutdown. Remaining annual leave is will be taken wholly or partly in advance, until an entitlement accrues due at times agreed between the Employee and the loading is then payable in respect Employer. In the absence 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 dueagreement, the Company may deduct direct the balance of Employee to take leave in accordance with the payment to Act. It is expected that Employees will take their yearly annual leave entitlement (4 weeks) within the employee twelve (12) months immediately after it becomes available. Should this present difficulty for that an Employee, then their situation should be discussed and approved by their immediate Manager. Annual leave period from whatever remuneration is payable to him or her upon at 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 Employee’s ordinary rate of pay in clause 19 – Minimum wages, for the number of ordinary hours they would have worked during the period in respect of which annual leave. Annual leave hours paid will be deducted from the Employee’s accrued entitlement. Leave loading is payable at the highest of either 17.5% on the value of annual leave has taken or a premium based on the shift loading the Employee would have received had they worked. Any annual leave accrued but not been taken, provided that the loading in clause 17.6 shall only taken will be paid in respect out on termination of paid out annual employment based on the Employee’s ordinary rate of pay at that time, plus 17.5% leave for employees who have been employed for a minimum 12 months with the Companyloading.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An Note 1 Annual leave will not accrue during any period of unpaid leave of absence exceeding two weeks except where it is for unpaid leave in respect of personal injury or illness (approved parental leave is not classified as an illness). Note 2 Annual leave will not accrue during any period of unpaid leave of absence exceeding six months.
a) Each full time employee shall be entitled to four weeks accrue 150 hours annual leave for after each twelve months’ service with the Company, exclusive months of public holidayscontinuous employment. Annual leave accumulates monthly will be accumulated and be payable on a pro rata basisbasis from the day of commencement.
17.2 The b) Annual Leave will be taken within 12 months of failing due and at a time agreed between Canon and the employee. As a general rule, leave should be taken at a time convenient to the work cycle of the department in which the employee works. Where possible annual leave entitlement for each part time employee shall should be calculated pro rata according to taken in the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall same pattern as it is worked. Where agreement cannot be by mutual arrangement between reached, then either party can require 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 duewith six (6) months notice in writing.
17.8 An c) No employee has no entitlement can accrue more than forty days leave without written permission. Once the accrued level exceeds forty days then Canon or the employee may, by giving one months notice, require the employee take the leave in excess of this amount. As a last resort, Canon will also have the option to pay out any leave in excess of 40 days.
d) Pro rata Annual Leave may be taken in advance if Canon and the employee agree.
e) Payment for accrued annual leave can be made at any time with the written agreement of both parties. In agreeing to make a payment in lieu of leave Canon will consider the employees need for the payment and the amount of leave taken over the loading, when past 12 months. For health and wellbeing reasons Canon recommends that annual leave is taken wholly or partly on a regular basis and not taken in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such cash.
f) All accrued leave and is calculated pro rata leave will be paid on termination.
g) Annual Leave loading at the relevant minimum rate of pay 17.5% will be paid. On 1/7/2002 staff will have the choice of rolling 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 their annual leave has loading into the base salary. Once this decision is made, it can not been takenbe reversed. All new starters after 1/7/2002, provided that the will not have this choice, and their leave loading in clause 17.6 shall only will automatically be paid in respect part of paid out annual leave for employees who have been employed for a minimum 12 months with the Companytheir base salary.
Appears in 1 contract
Sources: Certified 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 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 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 shall be (a) Employees are entitled to four weeks accrue an amount of paid annual leave leave, for each twelve months’ completed 4 week period of continuous service with the CompanyEmployer, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis1/13th of the number of nominal hours worked by the Employee for the Employer during that 4 week period.
17.2 The (b) If a public holiday occurs during any period of 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 taken 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 downEmployee, 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 increased by one day in respect of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of paypublic holiday.
17.7 (c) If an Employee and the Employer so agree, the annual leave may be taken wholly or partly in advance before the Employee has become entitled to the annual leave.
(d) Wherever practicable, Employees will submit a Leave Application form to ▇▇▇▇▇’▇ at least one month prior to commencement date of holidays. Wherever practicable, ▇▇▇▇▇’▇ shall notify each Employee within seven days of ▇▇▇▇▇’▇’▇ acceptance or rejection of the Leave Application
(e) At the end of each 12 months’ employment, a Full-time Employee will be entitled to 4 weeks’ annual leave, exclusive of Public Holidays. The Company Employee and ▇▇▇▇▇’▇ may allow agree for 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 in advance (in whole or in part) 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 Employee accruing of the a full entitlement.
17.9 Where (f) Part-time Employees are entitled to annual leave has been granted on a pro rated basis.
(g) The Employee will take annual leave no later than 6 months after he or she becomes entitled to an employee before annual leave in each year. If ▇▇▇▇▇’▇ and the Employee cannot agree on a time for this taking of leave, ▇▇▇▇▇’▇ may direct the Employee to take leave by giving the Employee at least 14 days’ notice of the date from which the leave has is to be taken.
(h) Employees will continue to receive the annual salary during periods of annual leave.
(i) Upon termination of employment, accrued due, the Company may deduct the balance of the payment annual leave entitlements will be paid out 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 Employee based on annual salary, along with a pro rata payment calculated on his or her relevant minimum rate equal to one twelfth of pay in clause 19 – Minimum wages, the amount of salary paid for the period in respect incomplete year of which annual leave has service.
(j) This clause does 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 Companyapply to Casual Employees.
Appears in 1 contract
Sources: Workplace 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 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
a) An employee Employee’s entitlement to annual leave under this Agreement shall, from the date of lodgement of this Agreement, be in accordance with the NES. Casual Employees shall have no entitlement to annual leave.
b) Employees will be entitled to four weeks weeks’ paid annual leave for each twelve months’ service with the Company, exclusive of public holidays. per annum.
c) Annual leave accumulates monthly shall be paid at the base rate of pay applicable under this Agreement, plus an annual leave loading of 17.5%.
d) An Employee is entitled to accrue annual leave progressively during a year of service according to the employee’s ordinary hours of work. This is equivalent to 4 weeks per year.
e) Part-time Employees shall 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 to the ordinary hours he or she actually works.
17.3 The time of giving and taking of f) Annual leave shall be taken at a time which is approved by mutual arrangement between the Company as being convenient having regard to overall operational and ▇▇▇▇▇▇▇ requirements of the Company and the employee concernedCompany will not unreasonably decline a request. 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.
17.4 g) 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.
h) On termination, the value of any accrued but untaken annual leave shall be paid to an Employee.
i) An Employee may, with the Employer’s consent, cash out a portion of accrued annual leave in accordance with the Act provided:
i) the Employee provides the Employer with a written election to forgo the amount of annual leave in accordance with the Employer’s Policy;
ii) the rate paid in lieu must be no less than the Employee's ordinary rate of pay;
iii) the Employer agrees to the cashing out; and
iv) the arrangement complies with the Act.
j) Employees may elect to cash out annual leave entitlements but must retain an entitlement of at least four (4) weeks’ annual leave.
k) Employees may not cash out more than two weeks' accrued annual leave in any 12-month period.
l) The Employer cannot require an Employee to cash out annual leave nor exert undue influence for an Employee to make an election to cash out annual leave.
m) Where an Employee has more than 8 weeks’ annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four weeks' notice to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the Employee.
n) Provided an Employee receives 4 weeks’ notice, 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 .
o) For the employee has an accrued purpose of the additional week of annual leave balance that will at least cover provided for in the period of the shut down.
17.5 The Company may direct an employee NES, a shift worker is a seven- day shift worker who 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 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 work 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 Sundays 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.public holidays
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An employee shall be entitled to 14.1 Annual leave is provided for in the NES.
14.2 For each completed year of service, the NES entitles an Employee (other than a casual Employee) to:
(a) four (4) weeks of paid annual leave; or
(b) five (5) weeks of paid annual leave for if the Employee is a continuous shift worker i.e. the Employee is engaged to work in a system of consecutive shifts throughout the 24 hours of each twelve months’ of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Employer) and who is regularly rostered to work those shifts.
14.3 Under the NES, annual leave accrues progressively during a year of service with according to the CompanyE In the case of part-time employees, exclusive of public holidays. Annual annual leave accumulates monthly accrues on a pro rata basis. Annual leave does not accrue during any period of unpaid leave or unauthorised absence.
17.2 14.4 Annual leave can be taken by agreement between the Employer and Employee following a request by the Employee to take accrued annual leave. Leave approval is subject to the operational requirements of the workplace but will not be unreasonably withheld.
14.5 The Employer may also require an Employee to take accrued annual leave:
(a) by giving a minimum of two (2)
(b) where the Employer shuts down all or any part of the business; providing that the requirement to take leave is reasonable in the circumstances.
14.6 If an Employee is reasonably required to take leave under cl 13.5, and the Employee does not have sufficient accrued paid leave, the Employer and Employee may agree for the Employee to take leave without pay during the relevant period. All time the employee takes as leave without pay pursuant to this clause is deemed to be service.
14.7 Any untaken annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksis paid out on termination.
17.3 The time of giving and taking of 14.8 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 is paid at the relevant minimum flat hour rate of pay in clause 19 – Minimum wages, plus a 6 CLASSIFICATIONS AND WAGE RATES. An Employee is not entitled to annual leave loading of 17.5 per cent on that rate of payas it has been incorporated into the flat hourly rate.
17.7 The Company 14.9 By written agreement with the Employer, an Employee may allow elect to cash out part of his/her accrued annual leave entitlement each twelve (12) months, provided that:
(a) remaining accrued entitlement to paid annual leave being less than four (4) weeks;
(b) each cashing out of a particular amount of paid annual leave must be by a separate written agreement in writing between the Employer and 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 by an employee before the right thereto has accrued dueleave.
17.8 An employee has no entitlement 14.10 This clause does not apply 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 entitlementa casual Employee.
17.9 Where leave has been granted to an employee before 15.1 The same definitions as provided for in the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration NES 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.read into
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 17.1 An employee shall be 13.1 The School holiday year runs from 1 September to 31 August (the
13.2 Full time employees are entitled to four weeks annual leave for each twelve months’ service with as detailed below, which excludes the Company, exclusive of public holidayseight Bank/Public Holidays currently recognised in England and Wales. Annual leave accumulates monthly 4 to21 24 days 22 to 25 26 days 26 to34 27 days 35 to 54 29 days Part-time employees are entitled to the above on a pro rata basisbasis based on the hours he/she works. Where the School is closed on a Bank/Public Holiday and the part-time employee has exhausted his/her pro-rated annual Bank/Public Holiday entitlement, the Employee will be required to apply and take leave from his/her remaining annual entitlement on that day.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to 13.3 Once the ordinary hours he or Employee has achieved five years continuous service, he/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 further five days annual leave in addition to the entitlement shown in clause 13.2. Part-time employees are entitled to the above on a pro rata payment basis based on the hours he/she works.
13.4 During the first Holiday Year of employment, annual holiday entitlement accrues at the rate of one twelfth of the Employee’s full annual leave entitlement, on the 1st of each month, in advance, and is deemed to be taken as accrued on the first available days of the next School Closure Period. During subsequent Holiday Years, the full annual leave entitlement is available to be taken from 1 September and is deemed to be taken on the first available day of the next School Closure Period.
13.5 The Employee will not be permitted to take annual leave at any time during the Normal Working Weeks. As you are working less than 52 weeks per year, you will not be entitled to take your annual leave during the school term time, but will be paid a sum in lieu of holiday entitlement. Your annual salary has therefore been calculated on his or the basis of [NUMBER] weeks per year, to be paid in 12 equal monthly payments
13.6 If an Employee takes unauthorised annual holiday, he/she will be subject to disciplinary action up to and including summary dismissal in accordance with the School’s Disciplinary Policy and Procedure.
13.7 The Employee will be paid at the hourly rate equivalent of his/her relevant minimum basic rate of pay in clause 19 – Minimum wages, for the period salary in respect of which periods of annual holiday. Any overtime worked by the Employee does not count towards and is excluded from calculations of annual holiday.
13.8 On termination of the Employee’s employment, he/she will be entitled to any outstanding holiday pay due for annual holiday accrued but not taken as at the date of termination of employment.
13.9 If on termination of employment, the Employee has taken more annual holiday than he/she has accrued in that Holiday Year as at the date of termination of employment, an appropriate deduction will be made from the Employee’s final pay. In signing this Agreement the Employee consents to the School making deductions from his/her salary for this purpose.
13.10 Employees are not permitted to carry over accrued annual holiday from one Holiday Year to the next save in exceptional circumstances and with the prior written consent of the Headteacher.
13.11 If the Employee is ill during a period of authorised annual holiday, provided he/she follows the normal sickness absence notification and certification procedures as set out in the School’s Sickness Absence Policy and Procedure on the relevant days of sickness, the Employee may make a request to the School to take the days of annual leave has not been taken, provided that during which the loading in clause 17.6 shall only be paid in respect of paid out Employee was sick as annual leave for employees who have been employed for days at a minimum 12 months with subsequent and mutually agreed time later in the CompanyHoliday Year.
13.12 The School may require the Employee to take all or part of any outstanding holiday entitlement during a period of notice to terminate employment.
Appears in 1 contract
Sources: Employment 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. Payment for Annual Leave will be made at the rate of an Employee’s Base Weekly Agreement rate plus 21.3%.Leave Loading.
18.2.1. The Leave Loading has been calculated on the employee doing 70% Local work and 30% Long Distance work.
18.2.2. If an employee is identified as a Permanent Part-Time employee in their Letter of Appointment, the employee is already paid in advance for their Annual Leave and Leave Loading entitlements as part of the Holiday Loading set out in clause 9.3.
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’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 The Company 18.4.1. A Permanent Part-time employee may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year ‘cash out’ Annual Leave under this clause so they can do paid work for that period, provided but they would already have been paid for that Annual Leave and Leave Loading through 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 Holiday Loading set out 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 9.3 and therefore shall not 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 paid additionally 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‘cashed out’ leave.
17.9 Where leave has been granted to an employee before the leave has accrued due, the 18.5. The Company may deduct require the balance Employee to take some or all of their accrued Annual Leave, in accordance with 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 Act, as and when 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 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 shall be 23.1 A Full Time Employee and a Part-Time Employee is entitled to annual leave as set out in the National Employment Standards and as set out in this clause.
23.2 A Full Time Employee is entitled to four weeks weeks’ of annual leave for each twelve months’ service with the Company, exclusive year of public holidayscontinuous service. :
23.3 A Part-Time Employee is entitled to a pro-rata entitlement to annual leave based on all hours of work.
23.4 An Employee’s entitlement to annual leave accrues progressively during each year.
23.5 Annual leave will be taken at a time Mutually Agreed (which shall not be unreasonably refused) between Freedom and an Employee. Annual leave accumulates monthly may be taken in one continuous period, or by Mutual Agreement with Freedom, in periods of shorter duration.
23.6 Freedom may require an Employee to take a period of annual leave by giving the Employee at least four weeks’ notice where:
(a) the Employee has accrued more than two years’ entitlement to annual leave; or
(b) Freedom is closing-down a part or all of its operations.
23.7 During a period of annual leave an employee will receive annual leave loading of 17.5% or the relevant weekend penalty rate (if they would have worked on a pro rata basisweekend) whichever is greater but not both.
17.2 The 23.8 Where a public holiday prescribed in clause 30 falls during a period of annual leave, the Employee’s period of leave will be increased by one day for each such public holiday.
23.9 Freedom will pay an Employee for a period of annual leave entitlement in the Employee’s normal payroll cycle (meaning the Employee will ordinarily be paid for each part time employee shall be calculated pro rata according the annual leave after they have taken it). However, an Employee may elect to receive payment for a period of annual leave in advance in which case Freedom must provide the Employee with a payment for the entire period of annual leave no later than one week after the Employee starts the leave.
23.10 If Freedom and an Employee Mutually Agree in writing, an Employee may take a period of annual leave in advance of the Employee becoming entitled 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 leave. If an employee to take is under 18 then their guardian must also sign the agreement in writing. If an Employee takes a period of annual leave during in advance and their employment ends for any shut down, including any such shut down over reason before the Christmas and New Year period, provided the employee Employee has an accrued annual leave balance that will at least cover the period of annual leave taken in advance, Freedom may deduct from any money due to the shut downEmployee on termination an amount equal to the amount that was paid to the Employee when they took the leave in advance.
17.5 23.11 On termination of employment, an Employee will receive a payment for any annual leave which has accrued to the Employee but is untaken. The Company Employee will be paid the amount the Employee would have been paid had they taken the leave.
23.12 If an Employee suffers a personal Illness or injury during a period of annual leave which would entitle the Employee to take personal/carer’s leave if they were not absent from work during the period of annual leave, the period will be treated as personal/carer’s leave.
23.13 Freedom and an Employee may direct Mutually Agree in writing to the Employee cashing out of a particular amount of annual leave. Freedom must keep a copy of the agreement as an employee to take up to a quarter record as required by the Act. The agreement must:
(a) state the amount 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 cashed out and 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 be made to the employee for it; and
(b) state the date on which the payment is to be made; and
(c) be signed by Freedom and the Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian; and
(d) not result in the Employee’s remaining accrued entitlement to annual leave being less than four weeks; and
(e) result in the Employee being paid an amount which is not less than the amount that leave period from whatever remuneration is would have been payable to him or her upon the cessation of employmentEmployee if they had taken the leave at the time the payment is made.
17.10 23.14 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 Employee cannot cash out more than two weeks’ annual leave has not been taken, provided that the loading in any 12 month period under 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 Company23.13.
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 shall be entitled to four weeks 37.1 Employees will accrue 20 working days annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly per year (on a pro rata basisbasis where the employee is employed part time) which can be accessed as it accrues.
17.2 The 37.2 Annual leave accrues daily from the commencement date and counts as service for all purposes. An employee receiving workers compensation for more than 45 weeks will accrue annual leave entitlement on an hours actually worked basis. Annual leave will not accrue 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 periods of leave shall without pay that do not count as service. Annual leave cannot be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee used to take break periods of long service leave. Where a public holiday occurs during a period of annual leave during any shut downleave, 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 public holiday is not deducted from the annual leave entitlement if and the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made public holiday is paid at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that normal rate of pay.
17.7 The Company may allow 37.3 In accordance with Section 93 of the Fair Work Act, the cashing out of annual leave will be unlimited provided that: the employee must have accumulated sufficient annual leave entitlement; the amount of annual leave entitlement paid out must not result in the employee’s accumulated leave entitlement reducing to below four weeks; the ability to cash out leave is conditional upon the employee having taken at least 10 days actual annual leave in the 12 months prior to accessing this provision; and for each particular amount of annual leave the employee wishes to cash out, the employee and the Chair must have a written agreement in place before the amount can be cashed out.
37.4 Annual leave cashed out under this provision will be paid for at the full amount that would have been payable had the employee taken the leave to be foregone. Organisational responsibility allowances being received at the time will be taken by into account when calculating the payment. Employees should consider any taxation implications prior to making an employee before the right thereto has accrued dueelection to cash out annual leave.
17.8 An employee has no entitlement 37.5 The parties to the payment Agreement agree that in the interests of the loadingemployee health and wellbeing, when employees will, wherever practicable, take regular annual leave.
37.6 Any annual leave entitlement in excess of 60 days is taken wholly called ‘excess annual leave’.
37.7 By 1 February in a year the ACMA will inform employees who are likely to exceed 60 days entitlement at 30 June in that year. These employees will be required to consult with their manager to arrange a leave plan to utilise the potential excess annual leave by 30 June.
37.8 Where suitable arrangements are not made, employees may be directed to use the potential excess annual leave by 30 June.
37.9 Unused annual leave entitlement will be paid out to an employee, or partly in advancewhere appropriate an organisation nominated by the employee, until an entitlement accrues due and at the loading is then payable in respect time of resignation, retirement or termination of employment, using the period of such leave and is calculated on employee’s final salary to calculate the relevant minimum payment. Final salary comprises the employee’s basic rate of pay in clause 19 – Minimum wages, payable at the accruing time of resignation, retirement or termination of employment and any additional payment being received as a result of temporary assignment of duties that would have continued to be received but for the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued dueresignation, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him retirement or her upon the cessation termination of employment.
17.10 37.10 If an employee dies or is presumed to have died on a particular date, payment may be made to the dependants or partner or legal representative of the former employee of an amount that would have been paid if the employee had ceased employment by resignation or retirement.
37.11 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled can apply 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 take annual leave has not been takenat half pay. If this option is exercised, 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 entitlement will be reduced by half the Companynumber of days absent. That is, 10 days annual leave at half pay will reduce the leave entitlement by five days.
Appears in 1 contract
Sources: Enterprise 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 any time 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 1 contract
Sources: Construction 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 An employee shall (a) All permanent employees will be entitled to four weeks annual leave for each twelve months4weeks’ service paid Annual Leave per year in accordance with the Company, exclusive provisions of public holidays. Annual leave accumulates monthly on a pro rata basisthe Australian Fair Pay and Conditions Standard (as amended) of the Workplace Relations Act.
17.2 The annual leave entitlement (b) Employees must apply for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksAnnual Leave in writing by completing a Leave Request Form.
17.3 The time of giving and taking of leave shall (c) Annual Leave should be by mutual arrangement between taken within a period not exceeding 12 months from the Company and the employee concerneddate it accrues.
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 (d) Barbeques Galore may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement their Annual Leave if they have accumulated more than 8 weeks of Annual Leave, on the employee’s accrued annual leave entitlement exceeds 8 giving of 4 weeks’ notice.
17.6 Payment (e) An employee may request, in writing, to have up to 2 weeks of accrued Annual Leave paid out in each calendar year. Barbeques Galore will consider each request on its merits and will determine each request on a case-by-case basis. In order for annual leave shall Annual Leave to be made at cashed out approval must be granted by the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of payRegional Manager and National Human Resources Manager.
17.7 The Company may allow annual leave (f) As a result of Christmas trading demands no Annual Leave is available from 1 November to 31 January although no Annual Leave requests will be unreasonably refused.
(g) Where any Public Holiday for which the permanent employee is entitled to payment occurs during any period of Annual Leave taken by an employee, the period of Annual Leave will be increased by one day in respect of that Public Holiday.
(h) An employee before going on Annual Leave that has become due will be paid the right thereto has accrued due.
17.8 An employee has no entitlement to the payment amount of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable wages they would have received 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 entitlementAnnual Leave had they been working.
17.9 Where leave has been granted (i) Any accrued Annual Leave entitlements will be paid to an a permanent 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 (j) With effect from the Company or who lawfully leaves commencement of this Agreement, the employment shall value equivalent to 17.5% Annual Leave Loading will be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay included in base salaries contained in clause 19 – Minimum wages, for the period in respect of which 4.2 (b) and there will no longer be any separate Annual Leave Loading entitlement. Any Annual Leave Loading owing on accrued but unpaid annual leave has not been taken, provided that as at the loading in clause 17.6 shall only date of commencement of this Agreement will be cashed out and paid in respect the first pay period after the commencement 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: Employee Collective 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 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 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 An 21.1 Except as provided in this clause, all weekly employees who complete twelve months' continuous service with an employer will be granted 28 successive days' leave on full pay; such leave to commence on the day following the last working day preceding commencing such leave.
21.2 In lieu of the provisions of 21.1, seven-day shift workers (i.e. employees working rostered shifts necessitating regularly rostered Sunday and public holiday work as part of their ordinary hours) who complete twelve months' continuous service with an employer will be granted 35 consecutive days' leave on full pay. Such leave is to commence on the day following the last working shift immediately preceding commencing such leave. Where the period of 35 days' consecutive leave according to the employee's roster under this clause does not include 25 ordinary paid shifts, then there will be added to the period of leave such number of days as is necessary to cover 25 ordinary pay shifts on the employee's roster.
21.3 Where an employee shall works for part of the twelve months' period as a seven- day shift worker, the employee will be granted leave calculated by taking the same proportion of 35 days as the proportion which the time worked as a seven-day shift worker bears to a year. Any fraction of a full shift in the result may be paid for in cash.
21.4 The leave prescribed in 21.1, 21.2 and 21.3 will be taken at a time fixed by the employer. Leave may be split into separate periods by mutual agreement between the employee and employer.
21.5 Any employee who terminates the employee’s employment or whose employment is terminated by the employer for any reason other than misconduct will be entitled to four weeks payment in lieu of annual leave in respect of each completed week of continuous service for each twelve months’ service with which leave has not been granted. Where an
21.6 An employee before going on annual leave will be paid for such leave at the Companyrate at which the employee was ordinarily employed prior to the commencement of the leave. For a seven-day shift worker annual leave payments will be the amount which the employee concerned would have received had the employee worked the employee’s actual roster but excluding overtime, exclusive of and penalty payments which the employee would have received for working on public holidays. Annual leave accumulates monthly holidays had the employee not proceeded on a leave: pro rata basispayments made on termination will be at ordinary rates.
17.2 The 21.7 An employee before going on annual leave entitlement will be paid a loading in addition to the payment under 21.6 as follows:
21.7.1 Day worker - an employee who would have worked on day work only had the employee not been on leave - a loading of 17.5%.
21.7.2 Shift worker - the payment prescribed in 21.6 or a loading of 17.5% of the employee’s ordinary time rate of pay for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually worksthe employee would have worked on the roster, whichever is the greater.
17.3 The time 21.7.3 In the case of giving and taking of leave shall death or retirement (age, ill-health) pro rata payments made on termination will be by mutual arrangement between the Company and the employee concernedat ordinary rates.
17.4 The Company may direct 21.8 If without reasonable cause any employee fails to resume duty at the due time after an employee to take absence on annual leave during any shut downleave, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that then payment 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 the relevant minimum rate of pay for any holiday (referred to in clause 19 – Minimum wages, plus a loading of 17.5 per cent Public holidays) which occurs during such absence on that rate of payannual leave.
17.7 21.9 Annual leave will be given and taken within twelve months of its becoming due. At least four weeks' notice will be given of the commencement of annual leave. An employee and the employer may agree that less than four weeks' notice may be given in individual cases.
21.10 An employer may apply a system of annual close-down with respect to all or the bulk of employees in a plant or section thereof in which case at least three months' notice will be given.
21.11 The Company employer 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 fully accrued, but where the payment leave is so taken a further period of annual leave will not commence until 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 twelve months' service in respect of the period of such which annual leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlementwas taken.
17.9 21.12 Where annual leave has been granted to an employee pursuant to this subclause before the right thereto has accrued, and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months' continuous service in respect of which leave has accrued duewas granted, the Company employer may deduct the balance cash equivalent of the unearned leave which amount will not include any sums paid for any of the holidays prescribed by clause 19 – Public holidays.
21.13 Except as provided in 21.1, 21.2 and 21.3 payment to will not in any circumstances be made in lieu of annual leave.
21.14 If a public holiday as prescribed in this award occurs during a period of annual leave, and provided the employee for would have worked on that leave period from whatever remuneration is payable to him or her upon public holiday had the cessation of employment.
17.10 An employee whose employment is terminated by not been on annual leave, the Company or who lawfully leaves the employment shall employee will be entitled to a pro rata payment calculated day in lieu of the public holiday. If the public holiday falls on his or her relevant minimum rate a rostered day off during a period of annual leave, eight hours' 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 at single time will be paid or if agreed between the employee and employer a day may be added to annual leave.
21.15 An employee entitled to a day in respect lieu of paid out annual leave for employees who a public holiday, as prescribed in 21.14, may elect to receive an additional eight hours' pay rather than take advantage of a day in lieu of a public holiday.
21.16 For the purpose of this clause, service will be deemed to be continuous notwithstanding, that an employee may have been employed for a minimum 12 months absent on leave in accordance with the Companythis award.
Appears in 1 contract
Sources: Engineering 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