Queensland Consolidated Acts(1) This section applies to an employee under any of the following instruments, unless the instrument provides otherwise--
(a) an industrial instrument made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005;
(b) a federal award made or varied after 1 September 2005;
(c) a federal agreement made, varied or approved after 1 September 2005, other than a federal agreement if the application to certify the agreement was made on or before 1 September 2005.
(2) In addition to the employee's annual leave entitlement under this division, the employee is entitled to receive a further amount of at least 17% of the amount payable under section 13(2)(a).
(3) However, if the employee's employer pays the employee an amount (however the amount is described, including, for example, an annual leave bonus or annual leave loading) in addition to the employee's annual leave entitlement under this division and that amount--
(a) is less than 17% of the amount payable under section 13(2)(a)--the employee is entitled to receive a further amount so that the employee receives the amount the employee is entitled to under subsection (2); or
(b) is at least 17% of the amount payable under section 13(2)(a)--the employee is not entitled to receive an amount under subsection (2).