(j) Under section 65 of the Act, a worker may apply for leave on a date or period specified in the application, or then be agreed by the employer and the worker instead of being paid for overtime worked by the worker. If the employer accepts the application, clause 21.3 applies, including the requirement for separate written agreements under point 21.3 (b) for overtime worked. (a) Where an employer has in fact attempted to reach an agreement with a worker in accordance with point 23.6(b) but no agreement is reached (particularly because the worker refuses to send it), the employer may, in writing, order the worker to take one or more paid annual leave. Local government employees have the option, with the employer`s approval, to take or take annual leave at half or double pay at all times. b) Any payment of a given annual paid leave is subject to a separate agreement in accordance with point 23.10 above. (c) the employer must account for the start and end hours of work as well as unpaid breaks for each worker subject to an annualized compensation agreement for the performance of the prescribed comparison in point 18.2 (b). This data set must be signed by the staff member or confirmed in writing (including electronically) by the employee, any salary period or any service cycle. 7.1 A facilitating provision provides that the standard approach may be deviated from an agreement allocation provision between an employer and a worker or employer and the majority of workers in the company or part of the company concerned. The NSW parliament recently passed laws that will allow local government workers to have more flexibility in accessing annual leave rights during and after the ongoing COVID 19 crisis. Between March 25, 2020 and March 26, 2021, workers will continue to receive annual leave if they are not paid because of covid-19.
(iii) that, where the employee requests at any time, the employer must pay the worker for overtime covered by the agreement, but which is not considered periods of leave, which is the overtime rate applicable to overtime for the work done; NOTE: An example of the nature of the agreement required in Clause 23.9 is given in advance in the Schedule F agreement for the performance of annual leave. There is no need to use the chord form defined in Schedule F – Agreement to Take Annual Leave in Advance. (b) the employer must calculate, twelve months from the beginning of the annual wage agreement or within twelve months of the termination of the worker`s employment relationship or employment contract, the amount of compensation that should have been paid to the worker in accordance with the provisions of that increase for the period in question and compare it to the amount of the annual salary actually paid to the worker. If the latter amount is less than the previous amount, the employer pays the amount of the deficit to the worker within 14 days. (a) Paid annual leave can only be paid on the basis of an agreement covered by 23.10. b) Any agreement on double annual leave at half the salary must be recorded in writing and kept in the form of an employee register. Before responding to a Section 65 application, the employer must discuss the application with the worker and make a real effort to reach an agreement on a change in the work regimes that takes due account of the worker`s circumstances, taking into account: b) When a written agreement is reached for an annual collective agreement, the agreement must specify (d) If, at the end of the worker`s employment, the worker is not entitled to paid annual leave already taken pursuant to an agreement reached under item 23.9 above, the employer may deduct from any sum owed to the employee at the time of dismissal an amount paid to the worker for a portion of the annual leave taken in advance and which has not been the subject of a right.