Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 36

36 Annual leave loading

(1) In addition to the employee’s annual leave entitlement under this division, the employee is entitled to receive a further amount of at least 17½% of the amount payable under section 35 (2) (a) .

(2) However, if the employee’s employer pays the employee a prescribed additional amount and the amount—

(a) is less than 17½% of the amount payable under section 35 (2) (a) —the employee is entitled to receive a further amount so the employee receives the amount the employee is entitled to under subsection (1) ; or

(b) is at least 17½% of the amount payable under section 35 (2) (a) —the employee is not entitled to receive an amount under subsection (1) .

(3) In this section—

"prescribed additional amount" means an amount, however described, in addition to the employee’s annual leave entitlement under this division.

Example of how a prescribed additional amount might be described—

annual leave bonus, annual leave loading