Counter Leave Clause Samples

Counter Leave. (a) Subject to subclauses 24.2(b) and 24.2(c), full-time and part-time employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional paid annual leave, if during each 12-month period of continuous service the employee has worked: Number of ordinary shifts worked on Sundays and/or Public Holidays during each year of service Additional Annual Leave 11 – 17 2 days 18 – 24 3 days 25 – 31 4 days 32 or more 5 days (b) Part-time employees will be entitled to counter leave in the same proportion as their ordinary hours of work bear to full-time hours.

Counter Leave. Full-time employees and permanent part-time employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional paid annual leave if, during each 12 month period of continuous service the employee has worked: 3 shifts or less Nil Nil 4 - 10 shifts one day 0.2 weeks 11 - 17 shifts two days 0.4 weeks 18 - 24 shifts three days 0.6 weeks 25 - 31 shifts four days 0.8 weeks 32 or more shifts five days 1 week. Provided that an employee, entitled to additional annual leave by virtue of this sub-clause, may elect to be paid an amount equivalent to the value of his/her additional leave entitlements in lieu of taking the additional leave. Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

Counter Leave. This paragraph and its subparagraphs shall apply to full-time employees and permanent part- time employees except for those employees employed under the Health Managers (State)

Counter Leave. Employees who are rostered to work their ordinary hours on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave as follows: (1) if 35 ordinary shifts on such days have been worked - one week; (2) if less than 35 ordinary shifts on such days have been worked - proportionately calculated on the basis of 38 hours leave for each 35 such shifts worked. The calculations referred to above shall be made to the nearest one-fifth of the ordinary hours worked, half or more than half of one-fifth being regarded as one-fifth and less than half being disregarded. Provided that an employee entitled to additional annual leave by virtue of this subclause, may elect to be paid an amount equivalent to the value of his/her additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment. Provided further that on termination of employment shift workers shall be entitled to payment for any untaken annual leave due under this subclause, together with payment for any leave in respect of an uncompleted year of employment, calculated in accordance with this subclause. Paragraph (b) of this subclause does not apply to part-time employees employed under Part II of clause 6, Part-time Employees. Paragraph (b) of this subclause will apply to employees employed under Part 1 of clause 6, Part-time Employees, the additional annual leave shall be calculated based on contracted hours worked. The additional paid annual leave set out in this sub-clause is not cumulative upon the additional paid annual leave set out in paragraph (a) of this subclause. The entitlement set out in this sub-clause shall only apply in the event that it provides a more favourable outcome for the employee and, if it does, then paragraph (a) of this subclause shall not apply.

Counter Leave. (a) Subject to subclauses 20.2(b) and 20.2(c), full time and part time employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional paid annual leave, if during each 12-month period of continuous service the employee has worked: (b) Part time employees will be entitled to counter leave in the same proportion as their ordinary hours of work bear to full-time hours.

Counter Leave. (a) Employees who are rostered to work their ordinary hours on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave as follows: i. if 35 ordinary shifts on such days have been worked - one week; ii. if less than 35 ordinary shifts on such days have been worked - proportionately calculated on the basis of 38 hours leave for each 35 such shifts worked. The calculations referred to above shall be made to the nearest one-fifth of the ordinary hours worked, half or more than half of one-fifth being regarded as one-fifth and less than half being disregarded. Provided that an employee entitled to additional annual leave by virtue of this subclause, may elect to be paid an amount equivalent to the value of his/her additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment

Counter Leave. (i) Full-time employees and permanent part-time employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional paid annual leave if, during each 12 month period of continuous service the employee has worked: Full-time Employees Permanent Part- time Employees 3 shifts or less Nil Nil 4 - 10 shifts 1 day 0.2 weeks 11 - 17 shifts 2 days 0.4 weeks 18 - 24 shifts 3 days 0.6 weeks 25 - 31 shifts 4 days 0.8 weeks 32 or more shifts 5 days 1 week (ii) Provided that an employee is entitled to counter leave by virtue of sub-clause (i) above, may elect to be paid an amount equivalent to the value of their counter leave entitlement in lieu of taking the additional leave. Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment. (iii) The additional paid annual leave set out in this sub-clause is not cumulative upon the additional paid annual leave set out in the previous sub-clause 42.2(a). The entitlement set out in this sub-clause will only apply in the event that it provides a more favourable outcome for the employee and, if it does, then sub-clause 42.2(a) will not apply.

Counter Leave. Entitlement to leave under this is in substitution of the extra week of annual leave provided to shift workers under Clause 29, Annual Leave, only where the Counter Leave accrued is more generous. To be clear, shift workers do not get the extra week of annual leave and Counter Leave. They have entitlement to one OR the other, whichever is the greater. (i) Full-time employees and permanent part-time employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional paid leave if, during each 12 month period of continuous service the employee has worked: 3 shifts or less Nil Nil 4 - 10 shifts one day 0.2 weeks 11 - 17 shifts two days 0.4 weeks 18 - 24 shifts three days 0.6 weeks 25 - 31 shifts four days 0.8 weeks 32 or more shifts five days 1 week. (ii) Counter Leave shall be paid at the Basic Periodic Rate of Pay (iii) An employee must take a period of Counter Leave if the employee is directed to do so by the Employer providing at least six weeks notice; (iv) In the taking of leave, the employee shall make written application to the Employer of the desired period of such leave. (v) Counter leave shall be taken in an amount and at a time which is approved by the Employer subject to the operational requirements of the workplace. The Employer shall not unreasonably withhold or revoke such approval.

Counter Leave. (a) Full-time employees and permanent part-time employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional paid annual leave if, during each 12 month period of continuous service the employee has worked: Full-time Employees Permanent Part-time Employees 3 shifts or less Nil Nil 4 - 10 shifts one day 0.2 weeks 11 - 17 shifts two days 0.4 weeks 18 - 24 shifts three days 0.6 weeks 25 - 31 shifts four days 0.8 weeks 32 or more shifts five days 1 week. (b) Counter leave accrued to an employee may be cashed out in accordance with subclause 17.5. (c) Notwithstanding, where an employee works shifts in such a way that they are deemed a “Shift Worker” by definition of the Australian Fair Pay and Conditions Standard, that employee shall be entitled to receive one additional week of annual leave at the end of each anniversary year, in substitution for the Counter Leave sliding scale referred to in subclause (a) and (b).