Common use of Annual Leave Loading Clause in Contracts

Annual Leave Loading. (a) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - Counter Leave of this Agreement. (c) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b21.6(a) - Counter Leave of this Agreement. (c) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 18 - Public Holidays or clause 21.6(b20.6(a) - Counter Leave of this Agreement. (c) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (ai) Employees shall be entitled paid annual leave loading in accordance with NSW Health Policy Directive PD2017_028 Leave Matters for the NSW Health Service (‘Leave Matters’) to the extent that the same is not consistent with this clause and Clause 30. (ii) Annual leave loading is payable on annual leave accrued in accordance with Clause 30. (iii) any reference to an “Award” in Leave Matters, for the purpose of interpreting this clause, means this Agreement, (iv) In addition to their ordinary pay, an employee, other than a shift worker, will be paid an annual leave loading of 17.5% of their ordinary pay on a maximum of four weeks of the appropriate weekly rate of weeks’ annual leave per annum. (v) Shift workers, in addition to their ordinary pay, or shift allowances and weekend penalties as set out in sub-clause will be paid the higher of: (ba) An annual leave loading of this clause, whichever is the greater.17.5% of ordinary pay on a maximum of four weeks’ annual leave; or (b) A the weekend and shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker employee would have worked if he/she received had they not been on annual leave. Provided that shift allowances leave during the relevant period. (vi) Before employees are given and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to take their annual leave or where, by agreement between the employer and the employee, the annual leave is given and taken in more than one period, then before such separate period, the employer shall pay the employee such a loading determined in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - Counter Leave of this Agreementclause. (cvii) No loading is payable where the to an employee who takes annual leave is taken wholly or partly in advance; provided that, provided however, that if the their employment of such an employee continues until their next anniversary datethe day when they would have become entitled to the Annual Leave under this Agreement, the loading then becomes payablepayable in respect of the period of such annual leave and is to be calculated in accordance with this clause. (dviii) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of when an employee is terminated for misconduct and at paid the time monetary value of the termination their accrued but untaken annual leave upon termination, if such annual leave loading would have been payable had the employee has not been given and has not taken the whole of the annual leave accrued as at during their last anniversary date, they shall not be paid the leave loading for such leave on terminationemployment.

Annual Leave Loading. (a) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - Counter Leave of this Agreement. (c) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) 31.1 Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) 31.2 of this clause, whichever is the greater. (b) 31.2 A shift worker shall be paid whilst on annual leave his or her their ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she the employee had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays 29 – Annual Leave or clause 21.6(b) - Counter Clause 29 Annual Leave Loading of this Agreement. (c) 31.3 No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) 31.4 Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) 31.5 Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. 36.1 In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ is referred to as "the Act". 36.2 Before an employee takes their annual leave they shall be paid the following in addition to their normal weekly pay (exclusive of shift penalties) for the period of annual leave taken: Either: (a) Employees shall be entitled to annual leave A loading of 17.5% on four weeks of the appropriate their normal weekly rate pay (exclusive of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greater.penalties); or (b) A The shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances penalties pursuant to Clause 14.3 (a), (b), (c) and weekend penalties relating to ordinary time (d) of Clause 14 Shift Work that the shift worker employee would have worked if he/she received for the period of leave taken had the employee not been on annual leave. Provided that shift allowances and weekend penalties shall not be , Whichever is the greater amount. 36.3 The loading is payable in addition to the pay for public holidays which occur during a the period of annual leave, for days which have been added leave given and taken and due to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - Counter Leave of employee under the Act and this AgreementAward. (c) 36.4 No loading is payable where the to an employee who takes annual leave is wholly or partly in advance. Where an employee continues in employment until the day when they would have been entitled under the Act to annual leave then the loading calculated in accordance with 36.2 becomes payable for such leave taken wholly or partly in advance. 36.5 Where, provided however, that if in accordance with the employment of such an employee continues until their next anniversary dateAct, 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 a loading then becomes payableas calculated in 36.2 will be paid to employees entitled to leave under the Act. Employees not entitled to leave under the Act shall be paid a proportion of the loading based on the period of completed weeks service prior to the close down divided by 52. (d) 36.6 Where the employment of an employee is terminated 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 the any annual leave accrued as at their last anniversary date, to which they are entitled they shall be paid the leave a loading calculated in accordance with 36.2 for such leave on termination. leave. 36.7 No leave loading is payable on pro-rata leave on termination. (e) Where the employment termination of an employee is terminated employee’s employment except as provided for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on terminationin 36.6.

Annual Leave Loading. Common arrangements will apply for all employees for Annual Leave Loading. Annual Leave Loading shall be in accordance with the following: (ai) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (bii) of this clause, whichever is the greater. (bii) A shift worker shall be paid whilst on annual leave his or his/her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she the employee had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - the Public Holidays or clause 21.6(b) - Counter Annual Leave clauses of this Agreement. (ciii) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (div) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) Employees shall be entitled In this clause the Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, is referred to annual leave loading of 17.5% on four weeks of as "the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greaterAct". (b) A shift worker Before an employee is given and takes each separate period of annual leave, the employer shall pay the employee a loading determined in accordance with this clause. (c) The loading is payable in addition to the pay for the period of leave given and taken and due to the employee under the Act. (d) The loading is to be paid whilst on annual leave his or her ordinary pay plus shift allowances days only and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays or rostered days off which occur during fall within or are added to a period of annual leave. (e) The loading is payable at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay for the classification in which the employee was employed immediately before commencing annual leave, for days which have been added to annual leave in accordance with (or the provisions of clause 19 - Public Holidays applicable shift loading whichever is the greater) but shall not include any other allowance, penalty or clause 21.6(b) - Counter Leave of disability rates, commissions, bonuses, incentive payments, overtime rates on any other payments prescribed by this Agreement. (cf) No loading is payable where the to an employee who takes annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary datethe day when the employee would have become entitled under the Act to annual leave, the loading then becomes payablepayable in respect of the period of such leave and is to be calculated in accordance with subclause (e) of this clause applying the rates of wages payable on that day. (dg) Where the employer's plant or part thereof is temporarily closed down for the purpose of giving an annual leave or leave without pay to the employees concerned: (i) an employee who is entitled annual leave and who is given and takes such leave shall be paid the loading calculated in accordance with subclause (e), of this clause. (ii) an employee who is not entitled to annual leave for the full period given and therefore takes a period of leave without pay shall be paid a proportion of the loading that would have been payable under this clause for that period of proportionate annual leave taken. (i) when the employment of an employee is terminated by 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 the annual leave accrued as at their last anniversary dateto which the employee is entitled, they the employee shall be paid a loading calculated in accordance with subclause (e) for the leave loading for such leave on termination. No leave period not taken. (ii) Except as provided by paragraph (i) of this subclause no loading is payable on pro-rata leave on termination. (e) Where the employment termination of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on terminationemployee's employment.

Annual Leave Loading. (a) Employees shall be who become entitled to annual leave under clause 39(a) of this Agreement shall receive an annual leave loading of 17.5% on four weeks of the appropriate weekly ordinary rate of pay, or shift allowances and weekend penalties as set out pay for the classification in sub-clause (b) of this clause, whichever is which the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on employee was employed immediately before commencing annual leave. Provided that shift allowances and weekend penalties Such rate of pay shall include the following Agreement allowances, namely: leading hand allowance; qualification allowances; service allowance; but shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays include any penalty or clause 21.6(b) - Counter Leave of overtime rates prescribed by this Agreement. (cb) No loading is payable where the annual leave holiday is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary datethe day upon which they would have become entitled under clause 39 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. (dc) Where the employment of an employee is terminated for a cause other than misconduct and by the Employer and, at the time of the termination termination, the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary datewhich has accrued, they shall be paid the leave loading provided for such leave on termination. No leave loading is payable on pro-rata leave on terminationin subclause (a) of this clause for the period not taken. (ed) Where the employment of an employee who is terminated for misconduct and at the time a shift worker as defined in clause 7, Definitions, of the termination the employee has not been this Agreement, is given and has not taken the whole of the takes an annual leave accrued as at their last anniversary date, holiday they shall not be paid the leave loading set out in subclause (a) of this clause, provided that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for such leave the ordinary time (not including time on terminationa public 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.

Annual Leave Loading. (a) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 18 - Public Holidays or clause 21.6(b20.6(a) - Counter Leave of this Agreement. (c) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) 46.1 Employees shall be who become entitled to annual leave under clause 45.1 of this Agreement will receive an annual leave loading of 17.5% on four weeks of the appropriate weekly ordinary rate of pay, or shift allowances and weekend penalties as set out pay for the classification in sub-clause (b) of this clause, whichever is which the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on employee was employed immediately before commencing annual leave. Provided that shift allowances and weekend penalties shall Such rate of pay will include the following Agreement allowances, namely: leading hand allowance; qualification allowances; service allowance; but will not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays include any penalty or clause 21.6(b) - Counter Leave of overtime rates prescribed by this Agreement. (c) 46.2 No loading is payable where the annual leave holiday is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary datethe day upon which they would have become entitled under clause 45 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. (d) 46.3 Where the employment of an employee is terminated for a cause other than misconduct and by Healthe Care and, at the time of the termination termination, the employee has not been given and has not taken the whole of the any annual leave holidays which have accrued as at their last anniversary date, on a pro-rata basis they shall will be paid the leave loading provided for such leave on termination. No leave loading is payable on pro-rata leave on terminationin clause 46.1 for the period not taken. (e) 46.4 Where the employment of an employee who is terminated for misconduct and at the time a shift worker as defined in clause 6 (Definitions) of the termination the employee has not been this Agreement, is given and has not taken the whole of the takes an annual leave accrued as at their last anniversary date, holiday they shall not will be paid the leave loading set out in clause 46.1, provided that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for such leave the ordinary time (not including time on terminationa public 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 will be paid to the employee in lieu of the loading.

Annual Leave Loading. (a) 24.1 Employees shall be who become entitled to annual leave under clause 23 of this Agreement shall receive an annual leave loading of 17.5% on four weeks 17½% of the appropriate weekly ordinary rate of pay, or shift allowances and weekend penalties as set out pay for the classification in sub-clause (b) of this clause, whichever is which the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on employee was employed immediately before commencing annual leave. Provided that shift allowances and weekend penalties Such rate of pay shall include the following Agreement allowances, namely: leading hand allowance; qualification allowances; service allowance; but shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays include any penalty or clause 21.6(b) - Counter Leave of overtime rates prescribed by this Agreement. (c) 24.2 No loading is payable where the annual leave holiday is taken wholly or partly party in advance, provided however, that if the employment of such an employee continues until their next anniversary datethe day upon which they would have become entitled under clause 23 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 rate of wages applicable on such day. (d) 24.3 Before an employee is given and takes his/her annual holiday or where by agreement between the employer and 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 the loading in accordance with subclause 24.1 of this clause. 24.4 Where the employment of an employee is terminated by the employer for a cause other than misconduct and and, at the time of the termination termination, the employee has not been given and has not taken the whole of the any annual leave holidays which have accrued as at their last anniversary date, on a pro-rata basis they shall be paid the leave loading provided for such leave on termination. No leave loading is payable on pro-rata leave on terminationin subclause 24.1 of this clause for the period not taken. (e) 24.5 Where the employment of an employee who is terminated for misconduct and at the time a shift worker as defined in clause 5, Definitions, of the termination the employee has not been this Agreement, is given and has not taken the whole of the takes an annual leave accrued as at their last anniversary date, holiday they shall not be paid the leave loading set out in subclause 24.1 of this clause, provided that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for such leave the ordinary time (not including time on terminationa public 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.

Annual Leave Loading. (a) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out below in sub-clause (b) of this clause, whichever is the greater. (b) . • A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 F12 - Public Holidays or clause 21.6(b) I2 g. - Counter Leave of this Agreement. (c) . • No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) . • Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) . • Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greater. (b) A shift worker shall be paid paid, whilst on annual leave his or leave, his/her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 Clause 18 - Public Holidays or sub-clause 21.6(b) - Counter Leave 20.5(a), of this Agreement. (c) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) Employees Full-time and permanent part-time employees shall be entitled to annual leave loading on their ordinary rate of pay for four weeks of annual leave taken each year. The loading shall be the greater of either: (i) 17.5% on four weeks of the appropriate weekly rate of pay, or ; or (ii) shift allowances and weekend penalties as set out in sub-clause (b) of this clausethat would have been paid for that period, whichever is had the greateremployee not proceeded on leave. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that the 17.5% loading, shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - on Counter Leave of this AgreementLeave. (c) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b21.5(b) - Counter Leave of this Agreement. (c) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) Employees shall be entitled to who take annual leave will be paid a loading of 17.5% on four weeks of in addition to the appropriate weekly ordinary rate of pay, or shift allowances pay they would receive for the period of annual leave. This loading is payable under the NES and weekend penalties as set out in sub-clause (b) of this clause, whichever is the greaterAgreement. (b) A shift worker The annual leave loading will be 17.5% of the employee's ordinary rate of pay. For the purposes of this subclause, the “ordinary rate of pay” shall be paid whilst based on the rates in Appendix 1 and all annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been loading will be calculated on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - Counter Leave of this Agreementbasis. (c) Should a shift worker take annual leave and the shift work allowances and/or weekend penalty rates to which they would have received for working ordinary time (had they been working) exceeds the 17.5% loading, then they shall receive shift and/or weekend penalties in lieu of the annual leave loading. (d) No annual leave loading is payable where the to an employee who takes annual leave is taken wholly or partly in advance; provided that, provided however, that if the employment of such an employee continues until their next anniversary datethe day when the employee would have become entitled under the NES to the annual leave, the loading then becomes payablepayable in respect of the period of such holiday and is to be calculated in accordance with sub clause 4.1.6 (b) applying the rates of pay due under this Agreement at the time the payment is made. (de) Where The leave loading will be payable in all circumstances, including a partial or full shutdown where the employee uses their accrued annual leave that they are entitled to. (f) When the employment of an employee is terminated for a cause other than misconduct by the employer and at the time of the termination the employee has not been given annual leave to which they are entitled and has not taken been taken, the whole of the annual leave accrued as at their last anniversary date, they employee shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on terminationloading. (e) Where the employment of an employee is terminated for misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on termination.

Annual Leave Loading. (a) 36.1 Employees taking accrued annual leave shall be entitled to paid annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out determined in sub-clause (b) of accordance with this clause, whichever is the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary 36.2 The loading is payable in addition to the pay plus shift allowances and weekend penalties relating to ordinary time for the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave taken by the employee in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - Counter Leave of this Agreement. (c) 36.3 The loading is payable at the rate of 20 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 annual leave however shall not include other allowances, penalty rates, shift allowances, overtime rate or any other payments prescribed by this Agreement. 36.4 No loading is payable where the to an employee who takes annual leave is taken wholly or partly in advance; provided that, provided however, that if the employment of such an employee continues until their next anniversary datethe day when he or she would have become entitled under this Agreement to annual leave, the loading then becomes payablepayable in respect of the period of such annual leave and is to be calculated in accordance with subclause 36.3 of this clause applying the Agreement rates of wages payable on that day. (d) Where 36.5 When the employment of an employee is terminated by the Company for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken annual leave which the whole employee has accrued, the employee shall be paid a loading calculated in accordance with subclause 36.3 of this clause, for the accrued annual leave not taken. Except as provided by this subclause, no loading is payable on the termination of an employee's employment. 36.6 This clause extends to an employee who is given and takes annual leave and who would have worked as a shift worker if he or she had not been on annual leave; 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 holiday) which the employee would have worked during the period of the annual leave accrued as at their last anniversary dateexceeds the loading calculated in accordance with this clause, they then that amount shall be paid to the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time in lieu of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on terminationloading.

Annual Leave Loading. (ai) Employees shall be who become entitled to annual leave under clause 23 of this agreement shall receive an annual leave loading of 17.5% on four weeks 17½% of the appropriate weekly ordinary rate of paypay 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 shift allowances and weekend penalties as set out in sub-clause (b) of overtime rates prescribed by this clause, whichever is the greateraward. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - Counter Leave of this Agreement. (cii) No loading is payable where the annual leave holiday is taken wholly or partly party in advance, provided however, that if the employment of such an employee continues until their next anniversary datethe day upon which they would have become entitled under clause 23 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. (diii) Before an employee is given and takes his/her annual holiday or where by agreement between the employer and 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 the loading in accordance with subclause (i) of this clause. (iv) Where the employment of an employee is terminated by the employer for a cause other than misconduct and and, at the time of the termination termination, the employee has not been given and has not taken the whole of the any annual leave holidays which have accrued as at their last anniversary date, on a pro-rata basis they shall be paid the leave loading provided for such leave on termination. No leave loading is payable on pro-rata leave on terminationin subclause (i) of this clause for the period not taken. (ev) Where the employment of an employee who is terminated for misconduct and at the time a shift worker as defined in clause 4, Definitions, of the termination the employee has not been this award, is given and has not taken the whole of the takes an annual leave accrued as at their last anniversary date, holiday they shall not be paid the leave loading set out in subclause (i) of this clause, provided that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for such leave the ordinary time (not including time on terminationa public 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.

Annual Leave Loading. All full-time and part-time Employees (aother than Shift Workers) Employees who take a period of paid annual leave shall be entitled to receive an annual leave loading of 17.5% on four weeks of the appropriate weekly ordinary rate of paypay for the classification in which the Employee was employed. Such rate of pay shall not include any penalty, shift or shift allowances and weekend penalties overtime rates prescribed by this Agreement. The Employee will be paid their leave loading in accordance with the normal pay cycle, excepting where ▇▇▇▇ agrees to a request by the Employee for such leave loading to be paid immediately before the period of annual leave begins. Annual leave loading is only payable on the four (4) weeks of annual leave as set out in subsubclauses 40.2 and 40.3, and not on the additional annual leave prescribed for a shiftworker as set out in subclause 40.4, ADO entitlements as set out in Sub Clause 26.11 or extra annual leave for public holidays worked. In addition to their ordinary rate of pay for the period of paid annual leave taken, a full-clause time or part-time Shift Worker will receive the higher of: an annual leave loading of 17.5% of their ordinary rate of pay; or the shift penalties and weekend penalties the Employee would have received had they not been on leave during the relevant period. The roster as displayed in advance shall determine which of subclause (a) or (b) of this clause, whichever is the greater. (b) A shift worker shall be paid whilst on annual leave his or her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 19 - Public Holidays or clause 21.6(b) - Counter Leave of this Agreement. (c) No loading above is payable where the annual leave is taken wholly or partly to Shift Workers in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable. (d) Where the employment of an employee is terminated 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 respect of the annual leave accrued as at their last anniversary dateperiod for which they have applied. Where it is not possible to determine the shifts that the Shift Worker would have worked had they not requested leave, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro-rata leave on termination. (e) Where the employment of an employee is terminated for misconduct and at the time a review of the termination timesheets three (3) months preceding the employee has not been given and has not taken period of leave will be reviewed to determine the whole appropriate calculation of the annual leave accrued as at their last anniversary date, they shall not be paid the leave loading for such leave on terminationloadings.