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Joinery And Building Trades Award 2010 - cfmeu

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(a) at the time the direction is given, the employee has eight weeks or more<br />

of annual leave accrued; and<br />

(b) the amount of annual leave the employee is directed to take is less than<br />

or equal to a quarter of the amount of leave accrued.<br />

32.6 Paid leave in advance of accrued entitlement<br />

By agreement between an employer and an employee, a period of annual<br />

leave may be taken in advance of the entitlement accruing. Provided that if<br />

leave is taken in advance and the employment terminates before the<br />

entitlement has accrued the employer may make a corresponding deduction<br />

from any monies due to the employee on termination.<br />

32.7 Annual close-down<br />

Notwithstanding s.88 of the Act and clause 32.5, an employer may close<br />

down an enterprise or part of it during the Christmas–New Year period for the<br />

purpose of giving the whole of the annual leave owing to all or the majority<br />

of the employees in the enterprise or part concerned, provided that:<br />

(a) the employer gives not less than two months’ notice of intention to do<br />

so;<br />

(b) an employee who has accrued sufficient leave to cover the period of the<br />

closedown is allowed leave and also paid for that leave at the<br />

appropriate wage in accordance with clauses 32.2 and 32.3;<br />

(c) an employee who has not accrued sufficient leave to cover part or all of<br />

the close-down is allowed paid leave for the period for which they have<br />

accrued sufficient leave and given unpaid leave for the remainder of the<br />

close-down; and<br />

(d) any leave taken by an employee as a result of a close-down pursuant to<br />

clause 32.7 also counts as service by the employee with their employer.<br />

32.8 Proportionate leave on termination<br />

On termination of employment, an employee must be paid for annual leave<br />

accrued that has not been taken at the appropriate wage calculated in<br />

accordance with clauses 32.2 and 32.3.<br />

33. PERSONAL/CARER’S LEAVE AND COMPASSIONATE LEAVE<br />

<strong>Joinery</strong> & <strong>Building</strong> <strong>Trades</strong> <strong>Award</strong> <strong>2010</strong><br />

33.1 Personal/carer’s leave and compassionate leave are provided for in the NES.<br />

33.2 If an employee is terminated by their employer and is re-engaged by the same<br />

employer within a period of six months then the employee’s unclaimed<br />

balance of paid personal/carer’s leave continues from the date of reengagement.<br />

JBTA <strong>2010</strong>: Part 6 63

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