New South Wales Consolidated Acts

ANNUAL HOLIDAYS ACT 1944 - SECT 4A

4A Annual close-down

(1)

(a) In this section:
"Period of employment" means the period during which a worker is employed by an employer referred to in subsection (2), being a period computed:

(a) where the worker has not during the employment with that employer become entitled to any annual holiday under section 3, from the date of commencement of the employment with that employer, or

(b) where the worker has during the employment with that employer become entitled to any annual holiday or holidays under section 3, from the date upon which the worker last became entitled to an annual holiday,

up to the commencement of the specified period affecting that worker.
"Specified period" means the period specified by an employer pursuant to subsection (2).

(b) This section, subsections (2) and (3) excepted, shall apply only to a worker to whom notice has been given pursuant to this section.

(c) Subsections (2) and (3) of section 3 shall not apply to a worker to whom notice has been given pursuant to this section.

(2) Subject to subsection (3), an employer may give notice to a worker employed in any part of the employer’s establishment that, during a period specified when giving that notice, that establishment or part will be temporarily closed (or reduced to a nucleus) for the purposes of giving an annual holiday or leave without pay to the workers to whom such notice has been given.

(3) Notice pursuant to subsection (2):

(a) shall be given to a worker not less than one month before the commencement of the specified period or, in the case of a worker who commences employment less than one month before the commencement of the specified period, on the day the worker commences employment, and

(b) shall not be given by an employer more than once in any calendar year.

(4) Where, immediately before the commencement of the specified period, a worker is not entitled under section 3 to any holiday:

(a) the worker shall be given and shall take leave without pay for the specified period, and

(b) the worker shall, in addition, be paid:

(i) three forty-ninths of the worker’s ordinary pay for the worker’s period of employment where the specified period commences upon or before 30 November 1974, and one twelfth of the worker’s ordinary pay where the specified period commences after that date, and

(ii) the worker’s ordinary pay for any special or public holiday, during the period of the worker’s leave without pay, for which the worker would be entitled to payment under any Act, award or agreement or under the worker’s contract of employment.

(5) Where, immediately before the commencement of the specified period, a worker is under section 3 entitled to a holiday of a duration less than that of the specified period:

(a) the worker shall be given and shall take the whole of that holiday during the specified period,

(b) the worker shall be given and shall take leave without pay for the balance of the specified period, and

(c) the worker shall, in addition, be paid the amounts referred to in subsection (4) (b).

(6) Where, immediately before the commencement of the specified period, a worker is under section 3 entitled to a holiday of a duration not less than that of the specified period:

(a) the worker shall, on and from the commencement of the specified period, be given and shall take the whole of that holiday, or

(b) where the worker and the employer so agree, the worker shall, on and from the commencement of the specified period, be given and shall take part of his or her holiday for a period not less than the specified period and postpone the taking of the balance of his or her holiday until a time to be agreed upon between the worker and the employer.

(7) Where payment has been made to a worker pursuant to subsection (4) or (5) the worker shall be deemed:

(a) to have completed a year of employment for the purposes of this Act immediately before the commencement of the specified period, and

(b) to have been given the whole of the annual holiday to which the worker would be entitled for that year of employment.