New South Wales Consolidated Acts

ANNUAL HOLIDAYS ACT 1944 - SECT 14A

14A Annual holidays for local council workers

(1) This section--

(a) applies to a worker who is an employee of any of the following under the Local Government Act 1993 --

(i) a council,

(ii) a county council,

(iii) a joint organisation, and

(b) prevails to the extent of any inconsistency with any other provision of this Act.

(2) Payment in lieu of annual holidays Despite section 3(5), an employer and worker may agree to a payment in lieu of a period of annual holiday to which the worker is entitled under this Act.

(3) An employer and worker may agree to a payment under subsection (2) only if--

(a) after the payment, the worker will have an accrued annual holiday entitlement of not less than 4 weeks, and

(b) the payment in lieu of a period of annual holiday is not less than the worker's ordinary pay for that period.

(4) Annual holidays at half pay or double pay Despite section 3, an employer and worker may agree to the worker taking a specified period of annual holiday at double pay or at half pay.

(5) An employer and worker may agree on a worker taking a specified period of annual holiday at double pay only if, after taking the holiday, the worker will have an accrued annual holiday entitlement of not less than 4 weeks.

(6) For the purposes of this section--

(a) a worker takes a specified period of annual holiday at double pay if the worker--

(i) redeems the specified period of accrued annual holiday entitlement, and

(ii) takes leave for half that specified period of time, and

(iii) is paid during that period of leave at twice the worker's ordinary pay, and

(b) a worker takes a specified period of annual holiday at half pay if the worker--

(i) redeems the specified period of accrued annual holiday entitlement, and

(ii) takes leave for twice that specified period of time, and

(iii) is paid during that period of leave at half the worker's ordinary pay.