Queensland Consolidated Acts Queensland Consolidated Acts(1) Unless an employee and employer otherwise agree, the employer must pay the employee for annual leave in advance.
(2) The employer must pay for the leave--
(a) at the ordinary rate being paid to the employee immediately before the leave is taken; or
(b) if, immediately before taking the leave, the employee is being paid at a higher rate than the ordinary rate--at the higher rate.
(3) If an employee is entitled to receive an amount representing commission in the employee's annual leave payment, the employer must pay the default average commission unless--
(a) a relevant industrial instrument or contract between the employer and employee otherwise provides; or
(b) the commission, on application, considers that the default average commission would not represent a fair amount in the circumstances.
(4) If, on application under subsection (3)(b), the commission considers that the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.
(5) In this section--
default average commission means--
* the total commissions payable to the employee in the 1 year before the leave is taken, or during the employee's period of employment, whichever is less
* divided by 365.25, or the number of days in the employee's period of employment, whichever is less
• multiplied by the number of days starting on the day the leave commences and ending on the day before the employee is due to return to work.