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Old 16-07-2010, 11:01 AM
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Default Agreement Clause interpretation- reference to Annual Leave

Hi there. Could someone assist me in the interpretation of the below clause. I am not familiar with this wording and would like to know how this differs from the standard entitlements under the FWA of 152 hours each year?

What does it mean when it refers to the 'by reference to 144 and 180 hours'??

Annual Leave: Every employee other than a casual employee shall be entitled to annual leave under the Fair Work Act.
• In respect of periods of work other than continuous shift work, on a pro – rata basis calculated by reference to 144 hours of ordinary time per annum at the weekly All purpose rate of pay for ordinary hours
• In respect of periods of continuous shift work – on a pro-rata basis calculated by reference to 180 hours of ordinary time per annum at the weekly All purpose rate of pay for ordinary hours worked on continuous shift work



much appreciated
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Old 17-07-2010, 08:40 PM
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my guess is that 144 hours is the leave entitlement for staff not employed on continuous shift work. this equates to 4 weeks based on a 36 hour week.
180 hours is the leave entitlement for staff employed on shift work. this equates to 4 weeks on a 45 hour week.
just a guess though...
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Old 19-07-2010, 05:23 PM
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From that clause it appears that the annual leave is calculated on a ordinary hour working week of 36 hours.

The 180 hours refrence is the extra 1 week for shift workers as defined in section 87 (3) of the Fair Work Act.
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Old 26-07-2010, 01:34 PM
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Both above are correct. Shift workers get 5 weeks of leave where as "day workers" get 4 weeks. This is discussed in the National Employment Standards.

Hope that helps.
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