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ARTICLE · 11 MARCH 2012

No pay while on holiday - is that legal? Apparently yes!

Carroll & O'Dea
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An employer can simply contract with an employee to pay annual leave pay as an identified component with the weekly pay.

AustraliaEmployment and HR
Janine Smith
Janine Smith
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First Published by Human Capital

The topic of paid annual leave was recently covered by my colleague, Janine Smith, in Issue 9.05 of Human Capital Magazine. However, the recent majority decision of the Full Bench of Fair Work Australia, in Hull-Moody Finishes Pty Limited Enterprise Agreement 2011 [2011] FWAFB6709, makes this topic worthy of further comment.

Paid annual leave has been an attribute of Australia's workplace relations system for over 60 years. It has long been recognised that leave from work is important for health and other reasons. Employers well know, that employing someone as a regular employee (as distinct from a casual), automatically brings with it an entitlement to a minimum of four weeks paid leave.

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