Broadcasting and Recorded Entertainment Award 2010 - Business SA

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Broadcasting and Recorded Entertainment Award 2010advance and the employment terminates before the entitlement has accrued theemployer may make a corresponding deduction from any money due to the employeeon termination of employment.23.6 Annual leave must be taken within 18 months of the entitlement accruing. For thepurpose of ensuring accrued annual leave is taken within that period, and in theabsence of agreement as provided for in s.88 of the Act, an employer may require anemployee to take a period of annual leave from a particular date provided theemployee is given at least 28 days notice.23.7 Before the start of the employee’s annual leave the employer must pay the employee:(a)(b)subject to clause 30.8, instead of the base rate of pay referred to in s.90(1) ofthe Act, the amount the employee would have earned for working their normalhours, exclusive of overtime had they not been on leave; andan additional loading of 17.5% of the relevant minimum wage for theirclassification as set out in this award.24. Personal/carer’s leave and compassionate leavePersonal/carer’s leave and compassionate leave are provided for in the NES.25. Community service leaveCommunity service leave is provided for in the NES.26. Public holidays[Varied by PR994431]26.1 Public holidays are provided for in the NES.26.2 Except as otherwise provided for in this award:(a)(b)(c)an employee (other than a journalist) required to work on a public holiday willbe paid double time and a half with a minimum payment of four hours or beprovided with an additional day off work;by agreement between the employer and the majority of employees in theenterprise or part of the enterprise concerned, an alternative day may be takenas the public holiday instead of any of the prescribed days; andan employer and an individual employee may agree to the employee takinganother day as the public holiday instead of the day which is being observed asthe public holiday in the enterprise or part of the enterprise concerned.26.3 Special provisions for Cinema Workers(a)(b)Clause 26.2 will not apply to Cinema Workers.If a weekly employee is required to work on a day to be observed as a publicholiday, then, in addition to receiving the normal rate of pay for working30 MA000091
Broadcasting and Recorded Entertainment Award 2010ordinary hours, employees will be paid at the rate of single time additional forthe hours worked.(c)Casual employees will be entitled to receive double the full time permanenthourly rate for work on a public holiday.[26.3(d) substituted by PR994431 from 01Jan10](d)A weekly employee whose rostered time off falls on a public holiday will beallowed an additional day off at a time to be agreed upon by the employer andthe employee or the employee will be paid an additional day’s pay insteadwithin seven days of the holiday.Part 6—Television Broadcasting27. Ordinary hours of work and rostering27.1 The ordinary hours of work will be an average of 38 hours per week to be worked onany day of the week in accordance with clauses 27.2, 27.3 or 27.4.27.2 The ordinary hours of work must not exceed 38 hours per week to be worked inshifts of 7.6 continuous hours (exclusive of meal periods).27.3 The employer may, after consultation with employees in a relevant division, sectionor unit at the workplace, implement a roster period of 28 consecutive days, withinwhich employees will have nine days off work, comprised of eight clear days off asprovided for in clause 27.5, plus an additional day off (an accrued day off). Providedthat:(a)(b)(c)(d)The employer must designate one of the nine days off work as an accrued dayoff.For work performed on an accrued day off only and where there is noagreement to bank the accrued day off, an employee will be entitled to be paidovertime at the rate of double time for all time worked or double time and ahalf for all time worked on a public holiday (with a minimum payment of fourhours), and the provisions of clause 27.2 will not apply.During the 28 day roster period a minimum of two days off will be rosteredconsecutively.The daily spread of ordinary time hours available for the roster period set out inclause 27.4 will be a minimum of six and a maximum of 10 hours in any oneday or shift.27.4 By agreement between the employer and the majority of employees in a division,section or unit of the workplace any arrangement for working ordinary hours, insubstitution for the arrangements set out in clauses 27.2 and 27.3, will beimplemented subject to:(a)(b)no more than 152 ordinary hours being worked in a 28 day roster period;the ordinary daily spread of continuous hours being a minimum of four and amaximum of 12; andMA000091 31
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