Security Services Industry Award 2010 - Business SA

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Security Services Industry Award 2010Part 6—Leave and Public Holidays24. Annual leave[Varied by PR994514, PR998121]24.1 Annual leave is provided for in the NES. Annual leave does not apply to casualemployees. This clause supplements or deals with matters incidental to the NESprovisions.24.2 Definition of shiftworker(a)For the purpose of the NES, a shiftworker is an employee:(i)(ii)who works a roster and who, over the roster cycle, may be rostered towork ordinary shifts on any of the seven days of the week; andwho is regularly rostered to work on Sundays and public holidays.(b)Where an employee with 12 months’ continuous service is engaged for part ofthe 12 monthly period as a shiftworker, that employee must have their annualleave increased by half a day for each month the employee is continuouslyengaged as a seven day shiftworker.24.3 Taking annual leave[24.3 varied by PR994514 from 01Jan10]Annual leave is to be taken within two years of the entitlement accruing. For thepurpose of ensuring accrued annual leave is taken within that period, or because of atemporary or seasonal slowdown in the employer’s business, and in the absence ofagreement as provided for in s.88 of the Act, an employer may require an employeeto take a period of annual leave from a particular date provided the employee is givenat least 28 days’ notice.24.4 Payment for annual leaveBefore the start of the employee’s annual leave the employer must pay the employeein respect of the period of such leave the greater of:(a)(b)the amount the employee would have earned during the period of leave forworking their normal hours, exclusive of overtime, had they not been on leave;andthe employee’s ordinary time rate specified in clause 14.1, together with, whereapplicable, the leading hand allowance, relieving officer’s allowance and firstaid allowance prescribed in clause 15.1(a) respectively, plus a loading of17.5%.24.5 Leave allowed before due dateBy agreement between an employer and an employee a period of annual leave maybe taken in advance of the entitlement accruing. Provided that if leave is taken inadvance and the employment terminates before the entitlement has accrued the28 MA000016
Security Services Industry Award 2010employer may make a corresponding deduction from any money due to the employeeon termination.24.6 Annual close down(a)(b)Where an employer intends temporarily to close (or reduce to nucleus) theplace of employment or a section of it for the purpose, amongst others, ofallowing annual leave to the employees concerned or a majority of them, theemployer must give those employees one month’s notice in writing of anintention to apply the provisions of this clause. In the case of any employeeengaged after notice has been given, notice must be given to that employee onthe date of their engagement.Any employee who has accrued annual leave at the date of closing must:(i)(ii)be given annual leave commencing from the date of closing; andbe paid 1/12th of their ordinary pay for any period of employmentbetween accrual of the employee’s right to the annual leave and the dateof closing.(c)Any employee who has no accrued annual leave at the date of closing must:(i)(ii)be given leave without pay as from the date of closing; andbe paid for any public holiday during such leave for which the employeeis entitled to payment.24.7 Payment of accrued annual leave on termination[24.7 varied by PR994514 from 01Jan10]Where an employee is entitled to a payment on termination of employment asprovided in s.90(2) of the Act, the employer must also pay to the employee anamount calculated in accordance with clause 24.4(a). The employer must also pay tothe employee a loading of 17.5% in accordance with clause 24.4(b) unless theemployee has been dismissed for misconduct.24.8 In relation to any employee ordinary pay means:(a)(b)remuneration for the employee’s normal weekly number of hours of workcalculated at the ordinary time rate of pay; andwhere the employee is provided with board or lodging by the employer,ordinary pay includes the cash value of that board or lodging.24.9 For the purpose of the definition of the term ordinary pay in clause 24.8:(a)(b)where no ordinary time rate of pay is fixed for an employee’s work under theterms of employment, the ordinary time rate of pay is deemed to be the averageweekly rate earned during the period in respect of which the right to the annualleave accrues;where no normal weekly number of hours is fixed for an employee under theterms of employment, the normal weekly number of hours of work is deemedto be the average weekly number of hours worked during the period in respectof which the right to the annual leave accrues;MA000016 29
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Security Services Industry Award 2010 - Business SA

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