Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts7. Section 4 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:
“(3) Without prejudice to any rights a person may have under an award or agreement, a person is entitled under this Act to annual leave at the end of a year of employment if, during the year—
(a) the average number of hours worked by that person in a week exceeded 22.8; or
(b) the person did not receive, under an award or agreement, a pay loading in excess of the base rate of pay in substitution for annual leave for that year and the payment is identifiable from leave records kept by the employer under section 13.”.