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Industrial Relations Act 2016
sec.36Annual leave loading
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### sec.36 Annual leave loading
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) .
However, if the employee’s employer pays the employee a prescribed additional amount and the amount—
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
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) .
In this section—
prescribed additional amount means an amount, however described, in addition to the employee’s annual leave entitlement under this division.
annual leave bonus, annual leave loading
(sec.36-ssec.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) .
(sec.36-ssec.2) However, if the employee’s employer pays the employee a prescribed additional amount and the amount— 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 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) .
(sec.36-ssec.3) In this section— prescribed additional amount means an amount, however described, in addition to the employee’s annual leave entitlement under this division. annual leave bonus, annual leave loading
- (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) .