MA000073 - Food, Beverage and Tobacco Manufacturing Award 2010

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Food, Beverage and Tobacco Manufacturing Award 2010 prescribed in clause 34.4 or the relevant weekend penalty rates, whichever is the greater but not both. (ii) Shiftwork An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed in clause 34.4 or the shift loading including relevant weekend penalty rates, whichever is the greater but not both. (b) An employee entitled to the payment of an annual leave bonus in accordance with clause 34.6 is not entitled to the payment of an annual leave loading in accordance with clause 34.5(a). (c) Clause 34.5(b) ceases to operate on 31 December 2014. 34.6 Annual leave bonus (a) An employee is entitled to the payment of an annual leave bonus in accordance with the terms of: [34.6(a)(i) substituted by PR994527; PR503716 ppc 01Jan11] (i) (ii) a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010, an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011 if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument, Division 2B State employment agreement or enterprise agreement had applied to the employee; and that would have entitled the employee to the payment of an annual leave bonus. (b) Clause 34.6 ceases to operate on 31 December 2014. 34.7 Excessive leave Notwithstanding s.88 of the Act, if an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than four weeks’ notice of the time when such leave is to be taken if: (a) (b) at the time the direction is given, the employee has eight weeks or more of annual leave accrued; and the amount of annual leave the employee is directed to take is less than or equal to a quarter of the amount of leave accrued. 40 MA000073
Food, Beverage and Tobacco Manufacturing Award 2010 34.8 Paid leave in advance of accrued entitlement By agreement between an employer and an employee, a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination. 34.9 Annual close-down Notwithstanding s.88 of the Act and clause 34.7, an employer may close down an enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, provided that: (a) (b) (c) (d) (e) the employer gives not less than four weeks’ notice of intention to do so; and an employee who has accrued sufficient leave to cover the period of the close-down, is allowed leave and also paid for that leave at the appropriate wage in accordance with clauses 34.4 and 34.5; and an employee who has not accrued sufficient leave to cover part or all of the close-down, is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the close-down; and any leave taken by an employee as a result of a close-down pursuant to clause 34.9 also counts as service by the employee with their employer; and the employer may only close down the enterprise or part of it pursuant to clause 34.9 for one or two separate periods in a year; and (f) if the employer closes down the enterprise or part of it pursuant to clause 34.9 in two separate periods, one of the periods must be for a period of at least 14 consecutive days including non-working days; and (g) (h) the employer and the majority of employees concerned may agree to the enterprise or part of it being closed down pursuant to clause 34.9 for three separate periods in a year provided that one of the periods is a period of at least 14 days including non-working days; and the employer may close down the enterprise or part of it for a period of at least 14 days including non-working days and allow the balance of any annual leave to be taken in one continuous period in accordance with a roster. 34.10 Transfer of business [34.10 substituted by PR994527 from 01Jan10] Where a business is transferred from one employer to another, the period of continuous service that an employee had with the old employer must be deemed to be service with the new employer and taken into account when calculating annual leave. However an employee is not entitled to leave or payment instead for any period in respect of which leave has been taken or paid for. MA000073 41
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MA000073 - Food, Beverage and Tobacco Manufacturing Award 2010

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