Common use of Annual Leave Loading Clause in Contracts

Annual Leave Loading. (i) Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 2 contracts

Sources: Nurses Enterprise Agreement, Nurses & Midwives’ Enterprise Agreement 2015 – 2019

Annual Leave Loading. (i) 23.1 Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) 23.2 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b22.1(b) and (ii)(c22.2(c) of Clause 2422, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) 23.3 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) 23.4 The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) 23.3 of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) 12.3 of Clause 1112, Special Allowances, of this Agreement. (v) 23.5 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 2422, Annual Leave and Public Holidays, Holidays to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 23.4 of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and advance. 23.6 No loading is payable on the entitlement to the holiday arises on or after 11 July 1974additional annual leave as set out in clause 22.11 of this agreement. (a) When the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconductcause, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he the employee is entitled. The employee shall be paid a loading calculated in accordance with subclause (iv) 23.4 of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) 23.8 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Annual Leave Loading. (i) Before an employee Employee is given and takes an annual holiday, or where by agreement between the employer Employer and the employee Employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer Employer shall pay the employee a Employee the applicable annual leave loading determined in accordance with this clause. (ii) . The loading is payable in addition to the pay for the period of holiday given and taken due to the employee Employee under subclauses (i)(b) and (ii)(c) of Clause 2429, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees Employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) Employee. The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee Employee was employed immediately before commencing by the employeeEmployee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 1118, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When the employment of an employee Employee is terminated by his employer after 11 July 1974 for a cause other than misconducthis/her Employer, and at the time of termination the employee Employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he shall be paid a loading calculated in accordance with subclause (iviii) of the period not taken. (b) Except as provided by paragraph (a) . An Employee entitled to accrue annual leave is entitled to receive shift penalties or leave loading whichever the greater at the time of this subclause no loading is payable on taking leave. Where shift penalties are paid, they will include those penalties the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who Employee would have worked as a shift worker received if the employee had they were not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during leave for the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loadingannual leave.

Appears in 2 contracts

Sources: Nurses and Midwives Enterprise Agreement, Enterprise Agreement

Annual Leave Loading. (i) Employees who become entitled to annual leave under clause 20 of this agreement shall receive an annual leave loading of 17½% of the appropriate ordinary rate of pay for the classification in which the employee was employed immediately before commencing annual leave. Such rate of pay shall include the following Agreement allowances, namely: leading hand allowance; qualification allowances; service allowance; but shall not include any penalty or overtime rates prescribed by this Agreement. Annual leave loading is only payable on four weeks of annual leave and not in the additional annual leave as set out in clause 20.5. (ii) No loading is payable where the annual holiday is taken wholly or party in advance, provided however, that if the employment of such an employee continues until the day upon which they would have become entitled under clause 20 of this Agreement to such annual holiday, the loading then becomes payable, in respect of the period of such holiday and is to be calculated in accordance with the Agreement rate of wages applicable on such day. (iii) Before an employee is given and takes an his/her annual holiday, holiday or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the employee a the loading determined in accordance with subclause (i) of this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When Where the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconductmisconduct and, and at the time of termination termination, the employee has not been given and has not taken the whole of an any annual holiday to holidays which he became entitled after 31 December 1973, he have accrued on a pro-rata basis they shall be paid a the loading calculated provided for in accordance with subclause (ivi) of this clause for the period not taken. (bv) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to Where an employee who is a shift worker as defined in clause 4, Definitions, of this Agreement, is given and takes an annual holiday and who would have worked as a shift worker if they shall be paid the employee had not been on holidays; loading set out in subclause (i) of this clause, provided that, that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 2 contracts

Sources: Employee Collective Agreement, Collective Agreement

Annual Leave Loading. (i) Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 2423, Annual Leave leave and Public Holidays, of this Enterprise Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeemployee in accordance with the provisions of the Annual Holidays ▇▇▇ ▇▇▇▇. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Enterprise Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 1112, Special Allowances, of this Enterprise Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, 23 to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Enterprise Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Annual Leave Loading. (i) ‌ 23.1 Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) 23.2 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b22.1(b) and (ii)(c22.2(c) of Clause 2422, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) 23.3 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate periodentitled. (iv) 23.4 The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) 23.3 of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) 12.3 of Clause 1112, Special Allowances, of this Agreement. (v) 23.5 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 2422, Annual Leave and Public Holidays, Holidays to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 23.4 of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) 23.6 No loading is payable on the additional annual leave as set out in Clause 22.11 of this agreement 23.7 When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he the employee shall be paid a loading calculated in accordance with subclause (iv) 23.4 of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) 23.8 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Annual Leave Loading. (ia) Employees who become entitled to annual leave under this clause shall receive an annual leave loading of 17½% of the appropriate ordinary rate of pay for the classification in which the employee was employed immediately before commencing annual leave. Such rate of pay shall include the following Agreement allowances, namely: leading hand allowance; qualification allowances; but shall not include any penalty or overtime rates prescribed by this Agreement. Annual leave loading is only payable on four weeks of annual leave and not in the additional annual leave as set out in subclause 28.1 b). b) No loading is payable where the annual holiday is taken wholly or party in advance, provided however, that if the employment of such an employee continues until the day upon which they would have become entitled under this Agreement to such annual holiday, the loading then becomes payable, in respect of the period of such holiday and is to be calculated in accordance with the Agreement rate of wages applicable on such day. c) Before an employee is given and takes an his/her annual holiday, holiday or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the employee a the loading determined in accordance with this clause. paragraph (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iva) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974subclause. (ad) When Where the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconductand, and at the time of termination termination, the employee has not been given and has not taken the whole of an any annual holiday to holidays which he became entitled after 31 December 1973, he have accrued on a pro-rata basis they shall be paid a the loading calculated provided for in accordance with subclause (ivparagraph 28.7 a) of this subclause for the period not taken. (be) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to Where an employee who is a shift worker as defined in this Agreement, is given and takes an annual holiday and who would have worked as a shift worker if they shall be paid the employee had not been on holidays; loading set out in 7 a) of this subclause, provided that, that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clausesubclause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 23.1 Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) 23.2 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b22.1(b) and (ii)(c22.2(c) of Clause 2422, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) 23.3 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) 23.4 The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) 23.3 of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) 12.3 of Clause 1112, Special Allowances, of this Agreement. (v) 23.5 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 2422, Annual Leave and Public Holidays, Holidays to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 23.4 of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no 23.6 No loading is payable on the termination additional annual leave as set out in Clause 22.11 of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.agreement

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 18.1 In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, is referred to as "the Act". 18.2 Before an employee is given and takes an annual holiday, or or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the employee a loading determined in accordance with this clause. [NOTE: This obligation to pay in advance does not apply where an employee takes annual holiday wholly or partly in advance - see subclause 18.6]. (ii) 18.3 The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) 18.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and which commences this Agreement (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on or after 11 July 1974 an employee's rostered day off not worked), or, where such a holiday holidays is given and taken in separate periodsperiod, then in relation to each such separate period. (iv) 18.5 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) 18.4 of this Clause, at the rate per week of 17½% 33 1/3 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's his annual holiday together with but shall not include any allowances other allowances, penalty rates, shift allowance, overtime rates or any other payments prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) 18.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided : Provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 18.1 of this clause applying the Agreement rates and of wages payable on that day. This subclause applies where . 18.7 Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holidays or leave without pay to the employees concerned: [a] An employee who is entitled under the Act to an annual holiday has been taken wholly or partly and who is given and takes such a holiday shall be paid the loading calculated in advance after 31 December 1973 accordance with subclause 18.5 of this Clause. [b] An employee is not entitled under the Act to an annual holiday and the entitlement who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him under this Clause if he had become entitled to an annual holiday arises on or after 11 July 1974prior to the close down as his qualifying period of employment in completed weeks bears to 52. (18.8 [a) ] When the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he became the employee becomes entitled after 31 December 1973, he such employee shall be paid a loading calculated in accordance with subclause (iv) 18.5 of this clause for the period not taken. (. [b) ] Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 25.1 In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ is referred to as “the Act”. 25.2 Before an employee is given and takes an annual holiday, or or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the his employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause 25.6 of this clause). (ii) 25.3 The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) 25.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and which commences on or after 11 July 1974 this Agreement, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 25.6 of this clause as to holidays taken wholly or partly in advance). (iv) 25.5 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) 25.4 of this clause at the rate of 17½ per week of 17½% cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's their annual holiday together with holiday, but shall not include any allowances prescribed by subclause (iii) subclauses 32.3 and 32.6 of Clause 1132 - Wages of this Agreement, Special Allowancesor penalty rates, of shift allowances, overtime or any other payments prescribed by this Agreement. (v) 25.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of 25.5 this clause applying the Agreement award rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) When 25.7 25.7.1 Where the employment of an employee is terminated by his employer after 11 July 1974 the employer, for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he he/she shall be paid a loading calculated in accordance with subclause (iv) 25.4 of this clause for the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 26.1 In this clause, the Annual Holidays Act 1944 is referred to as "the AH Act". 26.2 Before an employee is given and takes an annual holidayholiday or where, or where by agreement between the employer Company and the employee employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods period the employer employee shall pay the employee a loading determined in accordance with this clause.. (Note: the obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance) (ii) 26.3 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday holidays given and taken and due to the employeeemployee under the AH Act. (iii) 26.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the AH Act and this Agreement (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) and which commences on or after 11 July 1 January 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) 26.5 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) of at the rate per week of 17½% 17 and one-half per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's his/her annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreementholiday. (v) 26.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; advance provided that, that if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, AH Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause 26.5, applying the rates of wages prescribed under this Agreement rates and wages payable on that day. This subclause applies where . 26.7 Where, in accordance with the AH Act, the Company's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement leave without pay to the employees concerned: (1) an employee who is entitled under the AH Act to an annual holiday arises on or after 11 July 1974and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause 26.5; or (2) an employee who is not entitled under the AH Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the AH Act, such proportion of the loading that would have been payable under this clause if he/she had become entitled to an annual holiday prior to the close down as his/her qualifying period of employment in completed weeks bears to 52. (a) 26.8 When the employment of an employee is terminated by his employer after 11 July 1974 the Company for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973, she/he shall be paid a loading calculated in accordance with subclause (iv) of 26.5 for the period not taken. (b) 26.9 Except as provided by paragraph (asubclause 26.7(1) of this subclause no loading is payable on the termination of an employee's employment. (vii) 26.10 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker Shift Worker if the employee had not been on holidays; holiday, provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 14.1 In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, is referred to as "the Act". 14.2 Before an employee Employee is given and takes an his/her annual holiday, or or, where by agreement between the employer Employer and the employee Employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer Employer shall pay the employee his Employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an Employee takes an annual holiday wholly or partly in advance - see subclause 14.6 of this clause). (ii) 14.3 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeEmployee under the Act and this Agreement. (iii) 14.4 The loading is to be calculated in relation to any period of annual holiday to which the employee Employee becomes or has become entitled since 31 December 1973 under the Act and which commences on or after 11 July 1974 this Agreement, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 14.6 of this clause as to holidays taken wholly or partly in advance). (iv) 14.5 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) 14.4 of this clause at the rate of 17½ per week of 17½% cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee Employee was employed immediately before commencing his/her annual holiday, but shall not include any other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of parent award or this Agreement. (v) 14.6 No loading is payable to an employee Employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee Employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 14.5 of this clause applying the Agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) When Where the employment of an employee Employee is terminated by his employer after 11 July 1974 his/her Employer, for a cause other than misconduct, and at the time of the termination the employee Employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he he/she shall be paid a loading calculated in accordance with subclause (iv) 14.4 of this clause for the period not taken. (b) Except as provided by paragraph (a) of this subclause subclause, no loading is payable on the termination of an employeeEmployee's employment. (vii) 14.8 This clause extends to an employee Employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee he/she had not been on holidaysholiday; provided that, that if the amount to which the employee Employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee Employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee Employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (ia) In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ is referred to as "the Act". (b) Before an employee is given and takes an annual holiday, or where by agreement between the employer and holiday the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee be paid a loading determined in accordance with this clause. (ii) The loading is payable in addition to of 17.5% of the employee's ordinary rate of pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeannual holiday. (iiic) The loading is to be calculated in relation to any period of annual holiday If the amount to which the employee becomes would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or has become entitled since 31 December 1973 and special holiday) which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periodsthe employee would have worked during the period exceeds 17.5%, then that amount shall be paid to the employee in relation to each such separate periodlieu of the 17.5% loading. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (vd) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated holiday. (e) Where, in accordance with subclause (iv) the Act, the Company’s Plants or part of this clause applying them are temporarily closed down for the Agreement rates and wages payable on that day. This subclause applies where purpose of giving an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement leave without pay to the holiday arises on or after 11 July 1974. (a) When the employment of employees concerned, an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an who takes such annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount . (f) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the employee in lieu amount payable under the Act such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the close down as the employee's qualifying period of employment in completed weeks bears to 52. (g) An employee who is terminated for other than misconduct will be paid leave loading, calculated in accordance with this clause for any outstanding annual leave entitlement.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Before When an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods leave the employer shall pay the employee a loading determined in accordance with this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 2427, Annual Leave and Public Holidays, of this Agreement, or in the case of part-Agreement and applies to part time employees for the period of holiday given and taken and due to the employeeemployees. (iii) The loading is to be calculated in relation to any period of annual holiday leave to which the employee becomes or has become entitled since 31 December 1973 to and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate periodtakes. . (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday leave together with any allowances prescribed by subclause (iii) of Clause 1117, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday leave wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 2427, Annual Leave and Public Holidays, Holidays to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (avi) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconductthe employer, and at the time of termination the employee has not been given and has not taken untaken accrued annual leave, the whole of an annual holiday to which he became entitled after 31 December 1973, he employee shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday leave and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday annual leave exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973. (ii) In this clause, the Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ is referred to as "the Act". (iii) Before an employee is given and takes an annual holidayholiday or where, or where by agreement between the employer and the employee employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer employee shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employer takes an annual holiday wholly or partly in advance — see subclause (vii) of this clause.) (iiiv) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday holidays given and taken and due to the employeeemployee under the Act. (iiiv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this Agreement (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) and which commences on or after 11 July 1 January 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vii) of this clause as to holidays taken wholly or partly in advance after 31 December 1973.) (ivvi) The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iiiv) of this clause, at the rate per week of 17½% 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Table 1 - Minimum Agreement Wage Rates, of Part B, Monetary Rates, for the classification in which the employee was employed immediately before commencing by his/her annual holiday, together with, where applicable, the employee's annual holiday together with any allowances rate prescribed by subclause Item 5 (iiiSingle employee) of Clause 11, Special Table 2 - Other Rates and Allowances, of Part B, but shall not include any other allowances, penalty or disability rates, shift allowances, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this Agreement. (vvii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, that if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (ivvi) of this clause clause, applying the Agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after of 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1 January 1974. (viii) Where, in accordance with the Act and on or after 1 January 1974, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: (a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this clause. (b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52. (a) When the employment of an employee is terminated by his his/her employer on or after 11 July 1 January 1974 for a cause other than misconduct, that misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973, 1973 she/he shall be paid a loading calculated in accordance with subclause (ivvi) of for the period not taken. (b) Except as provided by paragraph (a) of this subclause subclause, no loading is payable on the termination of an employee's employment. (viix) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidaysholiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 24.1 This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973. 24.2 In this clause, the Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ is referred to as “the Act”. 24.3 Before an employee is given and takes an annual holidayholiday or where, or where by agreement between the employer and the employee employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance – see subclause 24.7 of this clause.) (ii) 24.4 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday holidays given and taken and due to the employeeemployee under the Act. (iii) 24.5 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this agreement (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee’s rostered day off not worked) and which commences on or after 11 July 1 January 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 24.7 of this clause as to holidays taken wholly or partly in advance after 31 December 1973.) (iv) 24.6 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) 24.5 of this clause, at the rate per week of 17½% 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement Table 1, for the classification in which the employee was employed immediately before commencing by his/her annual holiday, together with, where applicable, the employee's annual holiday together with any allowances rate prescribed by subclause Item 5 (iiiSingle employee) of Clause 11, Special Schedule A – Other Rates and Allowances, of but shall not include any other allowances, penalty or disability rates, shift allowances, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this Agreementagreement. (v) 24.7 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, that if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 24.6 of this clause clause, applying the Agreement agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after of 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1 January 1974. (a) 24.8 Where, in accordance with the Act and on or after 1 January 1974, the employer’s establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: 24.8.1 An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause 24.6 of this clause. 24.8.2 An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52. 24.9.1 When the employment of an employee is terminated by his his/her employer on or after 11 July 1 January 1974 for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973, 1973 she/he shall be paid a loading calculated in accordance with subclause (iv) of 24.6 for the period not taken. (b) 24.9.2 Except as provided by paragraph (a) 24.9.1 of this subclause subclause, no loading is payable on the termination of an employee's ’s employment. (vii) 24.10 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidaysholiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 28.1 Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) 28.2 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeegiven. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) 28.3 The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of accrued Annual Leave of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) sub-clause 14.3 of Clause 1114, Special Allowances, of this Agreement. (v) 28.4 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and 29 Public Holidays, Holidays to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) sub-clause 28.3 of this clause applying the Agreement rates and wages payable on that day. This subclause sub-clause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) 28.5 When the employment of an employee is terminated by his his/her employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which she or he became entitled after 31 December 1973is entitled, she or he shall be paid a loading calculated in accordance with subclause (iv) sub-clause 28.3 of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) 28.6 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) This Clause applies only in relation to annual holidays to which employees become or have become entitled. (ii) In this Clause the Annual Holiday Act 1944, is referred to as "the Act". (iii) Before an employee is given and takes an his/her annual holiday, or or, where by agreement between the employer company and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer company shall pay the his/her employee a loading determined in accordance with this clauseClause. (NOTE: this obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vii).) (iiiv) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeAward. (iiiv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and which commences on this Award (but excluding leave or after 11 July 1974 orleave and payment pursuant to subclause (iv) of Clause 20 - Holidays, where such a holiday is given herein, and taken in separate periods, then in relation also excluding days added pursuant to each such separate period.subclause (ivvi) The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iiiv) of at the rate per week of 17½% 17.5% of the appropriate ordinary time weekly time rate of pay prescribed by this Agreement for clause 10 - Wages, herein as the classification in which the employee was employed case may be, immediately before commencing by the employee's his/her annual holiday together with any allowances prescribed by subclause with, where applicable, the leading hand allowance pursuant to clause 11 and the extra rates pursuant to subparagraphs (iii4) and (5) of Clause 11, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on (v) and the termination of an employee's employment. extra rates pursuant to paragraph (viib) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu said subclause (v) of the loadingsaid clause 10, but shall not include the shift allowances prescribed by clause 15 - Shift Allowances for Shift Workers, herein, the rate for Saturday and Sunday ordinary work pursuant to subclauses (i) and (iii) and clause 19 - Saturday and Sunday Work, herein, any other allowances, penalty rates, overtime rates or any other payment prescribed by this award.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) In this clause, the Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ is referred to as "the Act". (ii) Before an employee is given and takes an their annual holidayleave or where, or where by agreement between the employer and the employee employee, the annual holiday leave is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (Note: The obligation to pay in advance does not apply where an employee takes annual leave wholly or partly in advance.) (iiiii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday leave given and taken and due to the employeeemployee under the Act and this award. (iiiiv) The loading is to be calculated in relation to any period of annual holiday leave to which the employee becomes or has become entitled since 31 December 1973 under the Act and which commences on or after 11 July 1974 this award or, where such a holiday leave is given and taken in separate periods, then in relation to each such separate period. (ivv) The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) sub-clause iv of this clause, at the rate per week of 17½% 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement award, for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with leave, exc luding any allowances other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreementaward. (vvi) No loading is payable to an employee who takes an annual holiday leave wholly or partly in advance; , provided that, if the employment of such an employee continues until the day when the employee they would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holidayleave, the loading then becomes payable in respect of the period of such holiday leave and is to be calculated in accordance with subclause (iv) sub-clause v of this clause clause, applying the Agreement award rates and of wages payable on that day. This subclause applies where an . (vii) Where, in accordance with the Act, the employer’s establishment or part of it is temporarily closed down for the purpose of giving annual holiday has been taken wholly leave or partly in advance after 31 December 1973 and the entitlement leave without pay to the holiday arises on or after 11 July 1974.employees concerned: (a) When An employee who is entitled under the Act to annual leave and who is given and takes such leave shall be paid the loading calculated in accordance with sub-clause v of this clause. (b) An employee who is not entitled under the Act to annual leave and who is given and takes leave without pay shall be paid, in addition to the amount payable to them under the Act, such proportion of the loading that would have been payable to them under this clause if they had become entitled to an annual holiday prior to the closedown as their qualifying period of employment in completed weeks bears to 52. (viii) Where the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an the annual holiday leave to which he they became entitled after 31 December 1973entitled, he they shall be paid a loading calculated in accordance with subclause (iv) sub-clause v of this clause for the period not taken. (b) . Except as provided by the above paragraph (a) of this subclause sub-clause, no loading is payable on the termination of an employee's ’s employment. (viiix) This clause extends to an employee who is given and takes an annual holiday leave and who would have worked as a shift worker if the employee they had not been on holidays; leave provided that, that if the amount to which the employee would have been entitled by way of shift work allowances and and/or weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday leave exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Bargaining Agreement

Annual Leave Loading. (i) Employees who become entitled to annual leave under clause 21 of this agreement shall receive an annual leave loading of 17½% of the appropriate ordinary rate of pay for the classification in which the employee was employed immediately before commencing annual leave. Such rate of pay shall include the following Agreement allowances, namely: leading hand allowance; qualification allowances; service allowance; but shall not include any penalty or overtime rates prescribed by this Agreement. Annual leave loading is only payable on four weeks of annual leave and not in the additional annual leave as set out in clause 21.5. (ii) No loading is payable where the annual holiday is taken wholly or party in advance, provided however, that if the employment of such an employee continues until the day upon which they would have become entitled under clause 21 of this Agreement to such annual holiday, the loading then becomes payable, in respect of the period of such holiday and is to be calculated in accordance with the Agreement rate of wages applicable on such day. (iii) Before an employee is given and takes an his/her annual holiday, holiday or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the employee a the loading determined in accordance with subclause (i) of this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When Where the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconductmisconduct and, and at the time of termination termination, the employee has not been given and has not taken the whole of an any annual holiday to holidays which he became entitled after 31 December 1973, he have accrued on a pro-rata basis they shall be paid a the loading calculated provided for in accordance with subclause (ivi) of this clause for the period not taken. (bv) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to Where an employee who is a shift worker as defined in clause 4, Definitions, of this Agreement, is given and takes an annual holiday and who would have worked as a shift worker if they shall be paid the employee had not been on holidays; loading set out in subclause (i) of this clause, provided that, that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Union Collective Agreement

Annual Leave Loading. (i) 23.1 In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ is referred to as "the Act". 23.2 Before an employee Employee is given and takes an annual holiday, or or, where by agreement between the employer Employer and the employee Employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer Employer shall pay the employee Employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an Employee takes an annual holiday wholly or partly in advance see subclause 23.6 of this clause). (ii) 23.3 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeEmployee under the Act and this Agreement. (iii) 23.4 The loading is to be calculated in relation to any period of annual holiday to which the employee Employee becomes entitled under the Act and this Agreement, or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 23.6 of this clause as to holidays taken wholly or partly in advance). (iv) 23.5 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) 23.4 of this clause at the rate of 17½ per week of 17½% cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee Employee was employed immediately before commencing by the employee's their annual holiday together with holiday, but shall not include allowances contained in Clause 31 - Wages and Clause 32 - Exhumations and Vault Transfers of this Agreement, or penalty rates, overtime or any allowances other payments prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) 23.6 No loading is payable to an employee Employee who takes an annual holiday wholly or partly in advance; provided that, that if the employment of such an employee Employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holidayholiday , the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of 23.5 this clause applying the Agreement award rates and of wages payable on that day. This , this subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) When 23.6.1 Where the employment of an employee Employee is terminated by his employer after 11 July 1974 the Employer, for a cause other than misconduct, and at the time of the termination the employee Employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he he/she shall be paid a loading calculated in accordance with subclause (iv) 23.4 of this clause for the period not taken. (b) 23.6.2 Except as provided by paragraph (a) 23.6.1 of this subclause subclause, no loading is payable on the termination of an employee's Employee’s employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Employees who become entitled to annual leave under clause 19 of this agreement shall receive an annual leave loading of 17½% of the appropriate ordinary rate of pay for the classification in which the employee was employed immediately before commencing annual leave. Such rate of pay shall include the following Agreement allowances, namely: leading hand allowance and qualification allowances; but shall not include any penalty or overtime rates prescribed by this Agreement. Annual leave loading is only payable on four weeks of annual leave and not in the additional annual leave as set out in clause 19.5. (ii) No loading is payable where the annual holiday is taken wholly or party in advance, provided however, that if the employment of such an employee continues until the day upon which they would have become entitled under clause 19 of this Agreement to such annual holiday, the loading then becomes payable, in respect of the period of such holiday and is to be calculated in accordance with the Agreement rate of wages applicable on such day. (iii) Before an employee is given and takes an his/her annual holiday, holiday or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the employee a the loading determined in accordance with subclause (i) of this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When Where the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconductmisconduct and, and at the time of termination termination, the employee has not been given and has not taken the whole of an any annual holiday to holidays which he became entitled after 31 December 1973, he have accrued on a pro-rata basis they shall be paid a the loading calculated provided for in accordance with subclause (ivi) of this clause for the period not taken. (bv) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to Where an employee who is a shift worker as defined in clause 4, Definitions, of this Agreement, is given and takes an annual holiday and who would have worked as a shift worker if they shall be paid the employee had not been on holidays; loading set out in subclause (i) of this clause, provided that, that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Collective Agreement

Annual Leave Loading. (i) Employees who under the Annual Holidays Act 1944, become entitled to annual leave shall be paid an annual leave loading of 17.5 per cent of the appropriate ordinary weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday. (ii) Such loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Annual Holidays Act 1944. (iii) Before an employee is given and takes an annual holiday, holiday or where by agreement between the employer employee and the employee The Centre, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer The Centre shall pay the employee a the loading determined in accordance with subclause (i) of this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an where the annual holiday is taken wholly or partly in advance; provided thatprovided, however, that if the employment of such an employee continues until the day when the employee upon which he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an such annual holiday, holiday the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) the award rate of this clause applying the Agreement rates and wages payable applicable on that such day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (av) When Where the employment of an employee is terminated by his employer after 11 July 1974 The Centre for a cause other than misconduct, misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he he/she shall be paid a loading calculated in accordance with subclause (ivi) of for the period not taken. (bvi) Except as provided by paragraph Where, in accordance with the Act, The Centre's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned (a) of this subclause no loading An employee who is payable on entitled under the termination of an employee's employment. (vii) This clause extends Act to an employee annual holiday and who is given and takes an annual such a holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds shall be paid the loading calculated in accordance with subclause (i) of this clause, then that amount . (b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the employee in lieu amount payable to him/her under the Act such proportion of the loadingloading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears of 48. (c) An employee and The Centre may agree to defer payment of the annual leave loading in respect of single day absences until at least five consecutive annual leave days are taken.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 23.1 Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) 23.2 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(bsub-clauses 21.2(b) and 21.3 (ii)(cc) of Clause 2421, Annual Leave and Public HolidaysLeave, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) 23.3 The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of accrued Annual Leave of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) sub-clause 11.3 of Clause 11, Special Allowances, of this Agreement. (v) 23.4 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 242221, Annual Leave and Public Holidays, Holidays to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) sub-clause 23.3 of this clause applying the Agreement rates and wages payable on that day. This subclause sub-clause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) 23.5 When the employment of an employee is terminated by his his/her employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which she or he became entitled after 31 December 1973is entitled, she or he shall be paid a loading calculated in accordance with subclause (iv) sub-clause 23.3 of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) 23.6 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 14.1 In this clause the Annual Holidays Act 1944, is referred to as "the Act". 14.2 Before an employee is given and takes an his/her annual holiday, or or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the his employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause 14.6 of this clause). (ii) 14.3 The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeagreement. (iii) 14.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and which commences on or after 11 July 1974 this agreement, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 14.6 of this clause as to holidays taken wholly or partly in advance). (iv) 14.5 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) 14.4 of this clause at the rate of 17½ per week of 17½% cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement agreement for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include any other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of parent award or this Agreementagreement. (v) 14.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 14.5 of this clause applying the Agreement agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) When Where the employment of an employee is terminated by his employer after 11 July 1974 his/her employer, for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he he/she shall be paid a loading calculated in accordance with subclause (iv) 14.4 of this clause for the period not taken. (b) Except as provided by paragraph (a) of this subclause subclause, no loading is payable on the termination of an employee's employment. (vii) 14.8 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee he/she had not been on holidaysholiday; provided that, that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 29.1 Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) 29.2 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b28.1(b) and (ii)(c28.2(c) of Clause 2428, Annual Leave and Public Holidays, of this Agreement, or in the case of part-part time employees for the period of holiday given and taken and due to the employee. (iii) 29.3 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) 29.4 The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) 28.3 of the rate per week of 17½% seventeen and a half (17½) percent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) 15.3 of Clause 1115, Special Allowances, of this Agreement. (v) 29.5 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 2428, Annual Leave and Public Holidays, Holidays to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 29.4 of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) 29.6 When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he the employee became entitled after 31 December 1973entitled, he the employee shall be paid a loading calculated in accordance with subclause (iv) 29.4 of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) 29.7 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 32.1 This clause applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973. 32.2 In this clause, the Annual Holidays Act 1944 is referred to as "the Act". 32.3 Before an employee is given and takes an annual holidayholiday or where, or where by agreement between the employer and the employee employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer employee shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employer takes an annual holiday wholly or partly in advance — see subclause (vii) of this clause.) (ii) 32.4 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday holidays given and taken and due to the employeeemployee under the Act. (iii) 32.5 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this agreement (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) and which commences on or after 11 July 1 January 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vii) of this clause as to holidays taken wholly or partly in advance after 31 December 1973.) (iv) 32.6 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iiiv) of this clause, at the rate per week of 17½% 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement Table 1 — Minimum Award Wage Rates, Monetary Rates, for the classification in which the employee was employed immediately before commencing by his/her annual holiday, together with, where applicable, the employee's annual holiday together with any allowances rate prescribed by subclause Item 5 (iiiSingle employee) of Clause 11, Special Table 2 — Other Rates and Allowances, of but shall not include any other allowances, penalty or disability rates, shift allowances, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this Agreementagreement. (v) 32.7 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, that if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 32.6 of this clause clause, applying the Agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after of 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1 January 1974. 32.8 Where, in accordance with the Act and on or after 1 January 1974, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: (a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this clause. (b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52. (a) When the employment of an employee is terminated by his his/her employer on or after 11 July 1 January 1974 for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973, 1973 she/he shall be paid a loading calculated in accordance with subclause (iv) of 32.6 for the period not taken. (b) Except as provided by paragraph (a) of this subclause subclause, no loading is payable on the termination of an employee's employment. (vii) 32.10 This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidaysholiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) This Clause applies only in relation to annual holidays to which employees become or have become entitled. In this Clause the Annual Holidays Act 1944, is referred to as "the Act". Before an employee is given and takes an his/her annual holiday, or or, where by agreement between the employer Bega Cheese and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer periods, Bega Cheese shall pay the employee a loading determined in accordance with this clause. (ii) Clause. The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave the Bega Cheese Employees and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) Unions Enterprise Agreement 2004. The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this Award and which commences on or after 11 July 1974 orthe date of operation of this Award, or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) . The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) of at the rate per week of 17½% of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement Award for the classification in which the employee was employed immediately before commencing by the employee's his/her annual holiday together with with, where applicable, the Leading Hand allowances but shall not include the shift allowances, the rate for Saturday and Sunday ordinary work, any allowances other allowances, penalty rates, overtime rates or any other payment prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) Award. No loading is payable to an employee who takes an annual holiday wholly or partly in advance; , provided that, if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and agreed rate of wages payable on that day. This subclause applies where Where, in accordance with the Act and after the date of operation of this Award, Bega Cheese's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement leave without pay to the holiday arises on or after 11 July 1974.employees concerned: (a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading; (b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act such proportion of the loading that would have been payable to him/her under this Clause if he/she had become entitled to an annual holiday prior to the chose-down as his/her qualifying period of employment in completed weeks bears to 52. When the employment of an employee is terminated by his employer after 11 July 1974 Bega Cheese for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he he/she shall be paid a loading calculated in accordance with subclause (iv) of annual leave loading. Where the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination employment of an employee's employmentemployee has been terminated because of misconduct no annual leave loading will be paid. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) This Clause applies only in relation to annual holidays to which employees become or have become entitled. (ii) In this Clause the Annual Holiday Act, 1944, is referred to as “the Act”. (iii) Before an employee is given and takes an his/her annual holiday, or or, where by agreement between the employer company and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer company shall pay the his/her employee a loading determined in accordance with this clauseClause. (NOTE: this obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vii).) (iiiv) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeAward. (iiiv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this Award (but excluding leave or leave and payment pursuant to subclause (iv) of Clause 21 - Holidays, herein, and also excluding days added pursuant to subclause (vi) of the Clause 21, to compensate for public or special holidays falling on an employee's rostered day off not worked) and which commences on or after 11 July 1974 orthe date of operation of this Award, or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vii) of this Clause as to holidays taken wholly or partly in advance.) (ivvi) The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iiiv) of at the rate per week of 17½% 17.5% of the appropriate ordinary time weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed pursuant to subclauses (i), (ii) and (iv) of Clause 10 - Wages, herein, as the case may be, immediately before commencing by the employee's his/her annual holiday together with any with, where applicable, the leading hand allowances pursuant to Clause 11 and the extra rates pursuant to subparagraphs (4) and (5) of paragraph (a) of subclause (v) and the extra rates pursuant to paragraph (b) of the said subclause (v) of the said Clause 10, but shall not include the shift allowances prescribed by subclause Clause 16 - Shift Allowances for Shift Workers, herein, the rate for Saturday and Sunday ordinary work pursuant to subclauses (i) and (iii) of and Clause 1120 - Saturday and Sunday Work, Special Allowancesherein, of any other allowances, penalty rates, overtime rates or any other payment prescribed by this AgreementAward. (vvii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; , provided that, if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (ivvi) of this clause applying the Agreement agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974the date of operation of this Award. (aviii) When Where, in accordance with the employment Act and after the date of an employee operation of this Award, the company's establishment or part of it is terminated by his employer after 11 July 1974 temporarily closed down for a cause other than misconduct, and at the time purpose of termination the employee has not been given and has not taken the whole of giving an annual holiday or leave without pay to which he became the employees concerned:- • An employee who is entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of under the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends Act to an employee annual holiday and who is given and takes an annual such a holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds shall be paid the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.subclause

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 25.1 In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ is referred to as “the Act”. 25.2 Before an employee is given and takes an annual holiday, or or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the his employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance ‐ see subclause 25.6 of this clause). (ii) 25.3 The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) 25.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and which commences on or after 11 July 1974 this Agreement, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 25.6 of this clause as to holidays taken wholly or partly in advance). (iv) 25.5 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) 25.4 of this clause at the rate of 17½ per week of 17½% cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's their annual holiday together with holiday, but shall not include any allowances prescribed by subclause (iii) subclauses 32.3 and 32.6 of Clause 1132 ‐ Wages of this Agreement, Special Allowancesor penalty rates, of shift allowances, overtime or any other payments prescribed by this Agreement. (v) 25.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of 25.5 this clause applying the Agreement award rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) When 25.7 25.7.1 Where the employment of an employee is terminated by his employer after 11 July 1974 the employer, for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he he/she shall be paid a loading calculated in accordance with subclause (iv) 25.4 of this clause for the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973. (ii) In this clause, the Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ is referred to as "the Act". (iii) Before an employee is given and takes an annual holidayholiday or where, or where by agreement between the employer and the employee employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer employee shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employer takes an annual holiday wholly or partly in advance — see subclause (vii) of this clause.) (iiiv) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday holidays given and taken and due to the employeeemployee under the Act. (iiiv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this Agreement (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) and which commences on or after 11 July 1 January 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vii) of this clause as to holidays taken wholly or partly in advance after 31 December 1973.) (ivvi) The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iiiv) of this clause, at the rate per week of 17½% 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Table 1 — Minimum Agreement Wage Rates, of Part B, Monetary Rates, for the classification in which the employee was employed immediately before commencing by his/her annual holiday, together with, where applicable, the employee's annual holiday together with any allowances rate prescribed by subclause Item 5 (iiiSingle employee) of Clause 11, Special Table 2 — Other Rates and Allowances, of Part B, but shall not include any other allowances, penalty or disability rates, shift allowances, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this Agreement. (vvii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, that if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (ivvi) of this clause clause, applying the Agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after of 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1 January 1974. (viii) Where, in accordance with the Act and on or after 1 January 1974, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: (a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this clause. (b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52. (a) When the employment of an employee is terminated by his his/her employer on or after 11 July 1 January 1974 for a cause other than misconduct, that misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973, 1973 she/he shall be paid a loading calculated in accordance with subclause (ivvi) of for the period not taken. (b) Except as provided by paragraph (a) of this subclause subclause, no loading is payable on the termination of an employee's employment. (viix) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidaysholiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Employees who become entitled to annual leave under clause 20 of this agreement shall receive an annual leave loading of 17½% of the appropriate ordinary rate of pay for the classification in which the employee was employed immediately before commencing annual leave. Such rate of pay shall include the following Agreement allowances, namely: leading hand allowance; qualification allowance; but shall not include any penalty or overtime rates prescribed by this Agreement. Annual leave loading is only payable on four weeks of annual leave and not in the additional annual leave as set out in clause 20.6. (ii) No loading is payable where the annual holiday is taken wholly or party in advance, provided however, that if the employment of such an employee continues until the day upon which they would have become entitled under clause 20 of this Agreement to such annual holiday, the loading then becomes payable, in respect of the period of such holiday and is to be calculated in accordance with the Agreement rate of wages applicable on such day. (iii) Before an employee is given and takes an his/her annual holiday, holiday or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the employee a the loading determined in accordance with subclause (i) of this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When Where the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconductmisconduct and, and at the time of termination termination, the employee has not been given and has not taken the whole of an any annual holiday to holidays which he became entitled after 31 December 1973, he have accrued on a pro-rata basis they shall be paid a the loading calculated provided for in accordance with subclause (ivi) of this clause for the period not taken. (bv) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to Where an employee who is a shift worker as defined in clause 4, Definitions, of this Agreement, is given and takes an annual holiday and who would have worked as a shift worker if they shall be paid the employee had not been on holidays; loading set out in subclause (i) of this clause, provided that, that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Collective Agreement

Annual Leave Loading. (i) This Clause applies only in relation to annual holidays to which employees become or have become entitled. In this Clause the AFPCS refers to the Australian Fair Pay & Conditions Standard. Before an employee is given and takes an his/her annual holiday, or or, where by agreement between the employer Bega Cheese and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer periods, Bega Cheese shall pay the employee a loading determined in accordance with this clause. (ii) Clause. The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the AFPCS and (ii)(c) of Clause 24, Annual Leave the Bega Cheese Employees and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) Unions Collective Agreement 2007. The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the AFPCS and this Agreement and which commences on or after 11 July 1974 orthe date of operation of this Agreement, or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) . The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) of at the rate per week of 17½% 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's his/her annual holiday together with with, where applicable, the Leading Hand allowances but shall not include the shift allowances, the rate for Saturday and Sunday ordinary work, any allowances other allowances, penalty rates, overtime rates or any other payment prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) . No loading is payable to an employee who takes an annual holiday wholly or partly in advance; , provided that, if the employment of such an employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, AFPCS to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and agreed rate of wages payable on that day. This subclause applies where Where, in accordance with the AFPCS and after the date of operation of this Agreement, Bega Cheese's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement leave without pay to the holiday arises on or after 11 July 1974.employees concerned:- (a) An employee who is entitled under the AFPCS to an annual holiday and who is given and takes such a holiday shall be paid the loading; (b) An employee who is not entitled under the AFPCS to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the AFPCS such proportion of the loading that would have been payable to him/her under this Clause if he/she had become entitled to an annual holiday prior to the chose-down as his/her qualifying period of employment in completed weeks bears to 52. When the employment of an employee is terminated by his employer after 11 July 1974 Bega Cheese for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he he/she shall be paid a loading calculated in accordance with subclause (iv) of annual leave loading. Where the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination employment of an employee's employmentemployee has been terminated because of misconduct no annual leave loading will be paid. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Collective Agreement

Annual Leave Loading. (i) 21.1 In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, is referred to as "the Act". 21.2 Before an employee Employee is given and takes an his/her annual holiday, or or, where by agreement between the employer Employer and the employee Employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer Employer shall pay the employee his Employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an Employee takes an annual holiday wholly or partly in advance - see subclause 21.6 of this clause). (ii) 21.3 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeEmployee under the Act and this Agreement. (iii) 21.4 The loading is to be calculated in relation to any period of annual holiday to which the employee Employee becomes or has become entitled since 31 December 1973 under the Act and which commences on or after 11 July 1974 this Agreement, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 21.6 of this clause as to holidays taken wholly or partly in advance). (iv) 21.5 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) 21.4 of this clause at the rate of 17 ½ per week of 17½% cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee Employee was employed immediately before commencing by the employee's his/her annual holiday together with holiday, but shall not include any allowances allowances, penalty rates, shift allowances, overtime or any other payments prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. (v) 21.6 No loading is payable to an employee Employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee Employee continues until the day when the employee he/she would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 21.5 of this clause applying the Agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974advance. (a) When 21.7.1 Where the employment of an employee Employee is terminated by his employer after 11 July 1974 his/her Employer, for a cause other than misconduct, and at the time of the termination the employee Employee has not been given and has not taken the whole of an annual holiday to which he he/she became entitled after 31 December 1973entitled, he shall be paid a loading calculated in accordance with subclause (iv) 21.4 of this clause for the period not taken. (b) 21.7.2 Except as provided by paragraph (a) 21.7.1 of this subclause subclause, no loading is payable on the termination of an employeeEmployee's employment. (vii) 21.8 This clause extends to an employee Employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee he/she had not been on holidaysholiday; provided that, that if the amount to which the employee Employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee Employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee Employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ is referred to as "the Act". (ii) Before an employee is given and takes an annual holiday, or or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay periods, the employee shall be paid a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see sub-clause (iv)). (iiiii) The loading is payable in addition to the pay for the period of annual holiday given and taken due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate periodaward. (iv) The loading is 17.5% of the amount payable employee's ordinary rate of pay for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week annual holiday. With respect to shift workers a loading of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement20% will be applicable. (v) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if not on annual holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading prescribed by this clause. (vi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause sub-clause (iv) of this clause applying the Agreement award rates and of wages payable on that day. This subclause applies where . (vii) Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement leave without pay to the employees concerned: (a) an employee who is entitled under the Act to an annual holiday arises on or after 11 July 1974and who is given and takes such annual holiday shall be paid the loading calculated in accordance with sub-clause (iv) of this clause. (b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable under the Act such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the close down as the employee's qualifying period of employment in completed weeks bears to 52. (a) When the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he the employee became entitled after 31 December 1973entitled, he the employee shall be paid a loading calculated in accordance with subclause sub-clause (iv) of for the period not taken. (b) Except as provided by paragraph (a) of this subclause sub-clause, no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(bi) (b) and (ii)(cii) (c) of Clause 2432, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeemployee in accordance with the provisions of the Fair Work Act 2009 (Cth). (iii) The loading is to be calculated in relation to any period of annual holiday leave to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate periodentitled. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreementholiday. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; advance provided that, if the employment of such an employee continues until the day when the employee he would have become entitled under the said pursuant to Clause 24, 32 Annual Leave and Public Holidays, Holidays and Clause 39 Special Leave to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (avi) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he the employee became entitled after 31 December 1973entitled, he the employee shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; , provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Before an employee is given and takes Employees who become entitled to annual leave under Clause 39 of this Agreement shall receive an annual holiday, or where by agreement between the employer leave loading of seventeen and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. one-half percent (ii17½%) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with leave. Such rate of pay shall not include any allowances penalty, shift or overtime rates prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreement. Annual leave loading is only payable on four (4) weeks of annual leave and not on the additional annual leave as set out in Clause 39.1 (iv), ADO entitlements as set out in Clause 27, (xi) or extra leave for public holidays worked. (vii) No loading is payable to an employee who takes an where the annual holiday is taken wholly or partly in advance; , provided thathowever, that if the employment of such an employee continues until the day when the employee upon which they would have become entitled under the said Clause 24, Annual Leave and Public Holidays, 39 of this Agreement to an such annual holiday, the loading then becomes payable payable, in respect of the period of such holiday and is to be calculated in accordance with subclause the Agreement rate of wages applicable on such day. (iii) Before an employee is given and takes their annual holiday or where by agreement between the employer and employee the annual holiday is given and taken in more than one (1) separate period, then before each of such separate periods, the employer shall pay the employee the loading in accordance with sub-clause (i) of this Clause. (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When Where the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconductmisconduct and, and at the time of termination termination, the employee has not been given and has not taken the whole of an any annual holiday to holidays which he became entitled after 31 December 1973, he have accrued on a pro-rata basis they shall be paid a the loading calculated provided for in accordance with subclause sub-clause (ivi) of this Clause for the period not taken. (bv) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to Where an employee who works shift work is given and takes an annual holiday and who would have worked as a shift worker if they shall be paid the employee had not been on holidays; loading set out in sub-clause (i) of this Clause, provided that, that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clauseClause, then that amount shall be paid to the employee in lieu of the loading. The roster as displayed in advance shall determine the leave loading payable in respect of the annual leave period for which they have applied. (vi) Where it is not possible to determine the shifts that the employee would have worked had they not requested leave, a review of the timesheets three (3) months preceding the period of leave will be reviewed to determine the appropriate calculation of loadings.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) The Clause applies only in relation to annual holidays to which employees become or have become entitled. (ii) Before an employee is given and takes an his/her annual holiday, or or, where by agreement between the employer company and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer company shall pay the his/her employee a loading determined in accordance with this clauseClause. (iiiii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iiiiv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 (but excluding leave or leave and payment pursuant to subclause (iv) of Clause 16 – Holidays, herein, and also excluding days added pursuant to subclause (vii) of the Clause 16, to compensate for public or special holidays falling on an employee’s rostered day off not worked) and which commences on or after 11 July 1974 orthe date of operation of this Agreement, or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (ivv) The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iiiv) of at the rate per week of 17½% 17.5% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed pursuant to relevant subclauses of Clause 7 – Wages, herein, as the case may be, immediately before commencing by the employee's his/her annual holiday together with any but shall not include the shift allowances prescribed by subclause Clause 12 – Shift Allowances for Shift Workers, herein, the rate for Saturday and Sunday ordinary work pursuant to subclauses (i) and (iii) of Clause 1115 – Saturday and Sunday Work, Special Allowancesherein, of any other allowances, penalty rates, overtime rates or any other allowances penalty rates, overtime rates or any other payment prescribed by this Agreement. (vvi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; , provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (ivvi) of this clause applying the Agreement agreement rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974the date of operation of this Agreement. (vii) Where, in accordance with this agreement, the company’s establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:- (a) An employee who is entitled to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this Clause; (b) An employee who is not entitled to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to s/he such proportion of the loading that would have been payable to s/he under this Clause if had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to fifty two. (a) When the employment of an employee is terminated by his employer the company after 11 July 1974 the date of operation of this Agreement for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973entitled, he shall be paid a loading calculated in accordance with subclause (ivvi) of for the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's ’s employment. (viiix) This clause Clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker pursuant to subclause (ii) of Clause 9 – Hours of Work, of this Agreement, if the employee had not been on annual holidays; , provided that, that if the amount to which the employee would have been entitled by way of allowances for shifts pursuant to Clause 12 – Shift Allowances for Shift Workers, herein, and the rates for Saturday and Sunday shifts pursuant to Clause 15 – Saturday and Sunday Work, herein, for ordinary shifts which would have worked according to shift work allowances and weekend penalty rates to the ordinary time roster, if had not been on annual holiday (not including time on of a public or special holidayholiday to Clause 16 – Holidays, herein) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clauseClause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Employee Collective Agreement

Annual Leave Loading. (i) This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973. (ii) In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, is referred to as "the Act". (iii) Before an employee is given and takes an his annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer employee shall pay the his employee a loading determined in accordance with this clause: (Note: The obligation to pay in advance does not apply where an employer takes an annual holiday wholly or partly in advance - see subclause (vii) of this clause.) (iiiv) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday holidays given and taken and due to the employeeemployee under the Act. (iiiv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) and which commences on or after 11 July 1 January 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (Note: See subclause (vii) of this clause as to holidays taken wholly or partly in advance after 31 December 1973.) (ivvi) The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated state in subclause (iii) v), of this clause, at the rate per week of 17½% 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by Table 1 - Minimum Award Wage Rates of Part B - Monetary Rates, of this Agreement award for the classification in which the employee was employed immediately before commencing by his/her annual holiday, together with, where applicable, the employee's annual holiday together with any allowances rate prescribed by subclause Item 5 (iiiSingle Employees) of Clause 11, Special Allowances, Table 2 - Other Rates and Allowances - of Part B of this AgreementAward, but shall not include any other allowance, penalty or disability rates, shift allowances, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award. (vvii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, that if the employment of such an employee continues until the day when the employee he would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (ivvi) of this clause applying the Agreement award rates and of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after of 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1 January 1974. (viii) Where, in accordance with the Act and on or after 1 January 1974 the employers' establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: (a) an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi), of this clause: (b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him under this clause if he had become entitled to an annual holiday prior to the close-down as his qualifying period of employment in completed weeks bears to 52. (a) When the employment of an employee is terminated by his his/her employer on or after 11 July 1 January 1974 for a cause other than misconduct, that misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, 1973 he shall be paid a loading calculated in accordance with subclause (ivvi) of for the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (viix) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee he had not been on holidaysholiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Before an employee is given and takes an their annual holidayholiday or where, or where by agreement between the employer and the employee employee, the annual holiday is given and taken in more than one (1) separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses paragraph (i)(b) and (ii)(cii) of subclause 21.2 and paragraph (iii) of subclause 21.3 of Clause 2421, Annual Leave and Public Holidays, of this Agreement, or in the case of permanent part-time employees employees, for the period of holiday given and taken and due to the employeeemployee in accordance with the provisions of the Annual Holidays Act 1944. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of at the rate per week of 17½% seventeen and a half (17½) per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement agreement for the classification in which the employee was employed immediately before commencing by the employee's their annual holiday holiday, together with any allowances prescribed by subclause subclauses (iiii) and (ii) of Clause 1112, Special Allowances, of this Agreement. (viv) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, 21 to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iviii) of this clause Clause, applying the Agreement agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When the employment of an employee is terminated by his the employer after 11 July 1974 for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he the employee became entitled after 31 December 1973entitled, he the employee shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.subclause

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Before 16.1 Where an employee is given and takes an their annual holiday, or or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods periods, the employer shall pay the their employee a loading determined in accordance with this clause. (ii) 16.2 The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under subclauses (i)(b) the Act and (ii)(c) of Clause 24, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeagreement. (iii) 16.3 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and which commences on or after 11 July 1974 this agreement, or, where such a holiday is given and taken in separate periods, periods then in relation to each such separate period. NOTE: See sub-clause 16.5 (a) of this clause, as to holidays taken wholly or partly in advance. (iv) 16.4 The loading is the amount payable for the period or the separate periodsperiod, as the case may be, stated in subclause (iii) sub-clause 16.3 of this clause, at the rate per week of 17½% 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by this Agreement agreement for the classification in which the employee was employed immediately before commencing by the employee's their annual holiday together with holiday, but shall not include any allowances other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by subclause (iii) of Clause 11, Special Allowances, of this Agreementagreement. (va) No loading is payable to an employee who takes an annual holiday holidays wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee they would have become entitled under the said Clause 24, Annual Leave and Public Holidays, Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) sub-clause 16.4 of this clause applying the Agreement agreement rates and of wages payable on that day. This subclause applies where . (b) Notwithstanding the provisions of paragraph (a) of this sub-clause, an employee shall be paid an annual holiday has been taken loading where the annual holiday falls wholly or partly in advance after 31 December 1973 and during the entitlement summer pupil vacation period. The employee shall be entitled to the fraction of four weeks holiday arises on or after 11 July 1974loading as is equal to the number of weeks worked by the employee in that school year compared to the number of weeks in the year since the school service date. (c) Where an employee receives a payment pursuant to paragraph (a) When of sub- clause 15.3 of clause 15, Annual Leave and Payment on Termination, the employee shall be entitled to be paid for that part of the fraction of four weeks holiday loading as is equal to the number of weeks worked by the employee in that school year compared to the number of weeks in the year since the school service date. 16.6 Where the employment of an employee is terminated by his employer after 11 July 1974 their employer, for a cause other than misconduct, misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973they are entitled, he they shall be paid a loading calculated in accordance with subclause (iv) of sub-clause 16.4 for the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 2423, Annual Leave and Public Holidays, of this Enterprise Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employeeemployee in accordance with the provisions of the Annual Holidays ▇▇▇ ▇▇▇▇. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Enterprise Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 1112, Special Allowances, of this Enterprise Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 24, Annual Leave and Public Holidays, 23 to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Enterprise Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) Before an employee is given and takes an annual holiday, or where by whereby agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 2425, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) of Clause 1113, Special Allowances, of this Agreement. (v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 2425, Annual Leave and Public Holidays, to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Enterprise Agreement

Annual Leave Loading. (i) 23.1 Before an employee is given and takes an annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (ii) 23.2 The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b22.1(b) and (ii)(c22.2(c) of Clause 2422, Annual Leave and Public Holidays, of this Agreement, or in the case of part-time employees for the period of holiday given and taken and due to the employee. (iii) 23.3 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (iv) 23.4 The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iii) 23.3 of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this Agreement for the classification in which the employee was employed immediately before commencing by the employee's annual holiday together with any allowances prescribed by subclause (iii) 12.3 of Clause 1112, Special Allowances, of this Agreement. (v) 23.5 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the said Clause 2422, Annual Leave and Public Holidays, Holidays to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) 23.4 of this clause applying the Agreement rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974. (a) When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (iv) of the period not taken. (b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment. (vii) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

Appears in 1 contract

Sources: Employer Agreement