23.         Annual leave
24.         Personal/carer’s leave and compassionate leave
25.         Community service leave
26.         Public holidays


23.      Annual leave

23.1                Annual leave is provided for in the NES. Annual leave does not apply to casual employees.

23.2                By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.

23.3                Where an employer intends temporarily to close (or reduce to nucleus) the place of employment or a section of it for the purpose, amongst others, of allowing annual leave to the employees concerned or a majority of them, the employer may give those employees one month’s notice in writing of an intention to apply the provisions of this clause. In the case of any employee engaged after notice has been given, notice must be given to that employee on the date of their engagement.

(a)            Any employee who has accrued annual leave at the date of closing must:
          (i)             be given annual leave commencing from the date of closing; and
          (ii)           be paid one twelfth of their ordinary pay for any period of employment between accrual of the employee’s right to the annual leave and the date of closing.

(b)            Any employee who has no accrued annual leave at the date of closing must:
          (i)             be given leave without pay as from the date of closing; and
          (ii)           be paid for any public holiday during such leave for which the employee is entitled to payment.

23.4                Annual leave is to be taken within 18 months of the entitlement accruing. For the purpose of ensuring accrued annual leave is taken within that period and in the absence of agreement as provided for in s.33 of the NES, an employer may require an employee to take a period of annual leave from a particular date provided the employee is given at least 28 days’ notice.

23.5                Before the start of the employee’s annual leave the employer must pay the employee:

(a)            notwithstanding the base rate of pay referred to in the s.35(1) of the NES, the amount the employee would have earned for working their normal hours, exclusive of overtime, had they not been on leave; and
(b)            an additional loading of 17.5% of the relevant minimum wage for the period of leave.

23.6                Where an employee is entitled to a payment on termination of employment pursuant to s.35(2) of the NES, the amount is to be calculated in accordance with clause 23.5(a) above.


24.       Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.


25.      Community service leave

Community service leave is provided for in the NES.


26.      Public holidays

26.1                Public Holidays are provided for in the NES.

26.2                An employer and the employees may by agreement substitute another day for a public holiday. Where there is no agreement the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday.

26.3                If an employee works on a public holiday, and another day has not been substituted pursuant to the previous clause, the employee will be paid at 200% of the employee’s minimum wage per hour for all hours worked.