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the MEA - ASU NSW

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24. ANNUAL LEAVE AND INDIVIDUAL FLEXIBILITY24.1 An employee, o<strong>the</strong>r than a casual employee, shall be entitled to <strong>the</strong> followingannual leave on pay after twelve months' continuous service:24.1.1 An employee regularly rostered for duty over seven days of <strong>the</strong> week or whoregularly works shift work shall be entitled to five weeks;24.1.2 Any o<strong>the</strong>r employee shall be entitled to four weeks.24.2 Any employee, o<strong>the</strong>r than a casual employee, who has completed at least onemonth's continuous service may, on written application to <strong>the</strong> employer, begranted annual leave on a pro rata basis prior to <strong>the</strong> completion of any period of afull twelve months' service. Where such pro rata annual leave is granted by <strong>the</strong>employer:24.2.1 The employee shall be entitled to payment of annual leave loading in accordancewith subclause 24.8; and24.2.2 The period of pro rata annual leave shall be deducted from <strong>the</strong> annual leaveloading o<strong>the</strong>rwise payable at <strong>the</strong> end of that period of twelve months' service.24.3 Approval of any application for pro rata annual leave in accordance withsubclause 24.2 shall be subject to <strong>the</strong> employer's convenience and will notunreasonably affect <strong>the</strong> operation of <strong>the</strong> service concerned but shall not beunreasonably withheld.24.4 The annual leave prescribed in subclauses 24.1, 24.2 and 24.3 shall be exclusiveof any of <strong>the</strong> public holidays prescribed in clause 25 and if any holidays fallwithin an employee's period of annual leave and is observed on a day which, in<strong>the</strong> case of that employee, would have been an ordinary working day, <strong>the</strong>re shallbe added to <strong>the</strong> period of annual leave time equivalent to <strong>the</strong> ordinary time which<strong>the</strong> employee would have worked if such day had not been a holiday.24.5 The annual leave provided for in this clause shall be allowed and shall be taken,and, except as provided by subclause 24.7, payment shall not be made or acceptedin lieu of annual leave.24.6 Annual leave shall be taken at a time determined by mutual agreement between<strong>the</strong> employer and employee within a period not exceeding six months from <strong>the</strong>date when <strong>the</strong> right to annual leave accrued provided that ei<strong>the</strong>r party may give<strong>the</strong> o<strong>the</strong>r six weeks written notice of <strong>the</strong>ir intention to take annual leave orrequirement that leave be taken. By mutual agreement in writing <strong>the</strong> taking ofannual leave may be deferred for not more than two years from <strong>the</strong> date when <strong>the</strong>right to annual leave accrued.24.7 Should an employee not complete any period of twelve months' service <strong>the</strong>y shall,on <strong>the</strong> termination of his/her employment, provided that he/she has beenCommunity Sector Multiple Enterprise Agreement 2009

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