Annual Leave Amendment Act 2004 (ACT)

Annual Leave Amendment Act 2004

A2004-41

An Act to amend the Annual Leave Act 1973

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Annual Leave Amendment Act 2004.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Act amended

   This Act amends the Annual Leave Act 1973.

4. Annual Leave
   Section 4 (3)

   substitute

5. An employee is not entitled to annual leave for a year of employment if—

   (a)the employee received a pay loading for the year under an award or agreement; and

   (b)the pay loading was in addition to the employee’s base rate of pay and instead of annual leave for the year; and

   (c)payment of the pay loading is identifiable in records kept, under section 13 (Annual leave records), by the employee’s employer.

6. Subsection (3) does not affect any rights of the employee under an award or agreement.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 25 September 2003.

2. Notification

   Notified under the Legislation Act on 9 July 2004.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Annual Leave Amendment Bill 2004, which originated in the Legislative Assembly as the Annual Leave Amendment Bill 2003 and was passed by the Assembly on 1 July 2004.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2004