Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_92e
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 92E
Character Range: 166003–167863

92E  Entitlement to cash out annual leave

 (1) An employee is entitled to forgo an entitlement to take an amount of annual leave credited to the employee by an employer if:
 (a) a provision in a workplace agreement binding the employee and the employer entitles the employee to forgo the entitlement to the amount of annual leave; and
 (b) the employee gives the employer a written election to forgo the amount of annual leave; and
 (c) a provision in a workplace agreement binding the employee and the employer entitles the employee to receive pay in lieu of the amount of annual leave at a rate that is no less than the employee's basic periodic rate of pay at the time that the election is made; and
 (d) the employer authorises the employee to forgo the amount of annual leave.

Note: If, under this section, an employee forgoes an entitlement to take an amount of annual leave, the employee's employer may deduct that amount from the amount of accrued annual leave credited to the employee.

 (2) However, during each 12 month period, an employee is not entitled to forgo an amount of annual leave credited to the employee by an employer that is equal to more than 1/26 of the nominal hours worked by the employee for the employer during the period.

 (3) An employer must not:
 (a) require an employee to forgo an entitlement to take an amount of annual leave; or
 (b) exert undue influence or undue pressure on an employee in relation to the making of a decision by the employee whether or not to forgo an entitlement to take an amount of annual leave.

 (4) If, under this section, an employee forgoes an entitlement to take an amount of annual leave, the employer must, within a reasonable period, give the employee the amount of pay that the employee is entitled to receive in lieu of the amount of annual leave.

Subdivision C—Annual leave rules