Loaded pay rates instead of leave

Employees can’t be paid a loaded pay rate instead of annual, sick or carer’s leave.

They must be allowed to take paid leave, even if:

  • the award or agreement provides otherwise
  • the employee has been paid a loaded pay rate.

Are there any exceptions?

School-based apprentices and school-based trainees can be paid a loading instead of paid annual leave, paid personal/carers leave and paid absence on a public holiday, if their award or registered agreement allows it.

This includes school-based apprentices and school-based trainees in Queensland covered by the Queensland Apprentices and Trainees Order.

View references

Canavan Building [2014] FWCFB 3202 - the Commission held that loaded pay rates instead of leave is inconsistent with the National Employment Standards.

Fair Work Act 2009 - section 126 allows awards and agreements to contain loaded pay rates instead of leave for school-based apprentices and school-based trainees.

What to do next

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