Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:1_1a
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 1 cl 1A
Character Range: 15660–17777

1A  Annual leave

Calculation of annual leave

 (1) An employee is entitled to annual leave, for each year worked, of the number of hours calculated by multiplying by 4 the usual number of ordinary hours worked by the employee per week during the year.

 (1A) However, if the variations from week to week in the number of ordinary hours worked by the employee during the year are such that there is no such usual number of hours, the employee is entitled to annual leave, for that year, of the number of hours calculated by:
 (a) working out the average number of ordinary hours per week the employee worked during the year; and
 (b) multiplying that number of hours by 4.

 (1B) For the purposes of subclauses (1) and (1A):
 (a) hours when the employee is absent from work on paid leave, including (but not limited to) paid annual leave, paid personal leave or paid bereavement leave; and
 (b) hours when the employee is absent from work because of a public holiday (being ordinary hours the employee would otherwise have been required to work on that day);
are to be counted as if they were ordinary hours worked by the employee.

Rules about annual leave

 (2) Annual leave:
 (a) accrues on a pro‑rata basis and is cumulative; and
 (b) is credited on the anniversary of the employee's employment; and
 (c) counts as service for all purposes; and
 (d) is to be paid at the rate that, immediately before the leave is taken, is the employee's ordinary hourly rate of pay; and
 (e) is to be paid when the employee takes annual leave or leaves his or her employment, as the case may be; and
 (f) must be taken within 12 months after the end of the year in which it accrued unless the employee and the employer have agreed otherwise; and
 (g) must be taken by an employee when directed to take it by the employer, if the employer directs the employee to do so because the employer shuts down his or her business for a period.

Note: One situation in which an employee's annual leave entitlement will be affected by pro‑rating as mentioned in paragraph (a) is when the employee is employed for less than a full year.