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Section : What are the minimum entitlements to annual leave?
Domain : Human Resource Management
Classification : Not Identified

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An employee classified as a 'shiftworker' is entitled to 5 weeks of paid annual leave. This is the case if an award or registered agreement applies to the employee, and defines or describes the employee as a shiftworker for the purposes of the NES. An award and agreement-free employee can also qualify for the shiftworker entitlement to 5 weeks of annual leave if all of the following apply:

  •  they are employed in an enterprise where shifts are continuously rostered 24 hours a day for 7 days a week
  •  they are regularly rostered to work those shifts
  •  they regularly work on Sundays and public holidays. Awards and registered agreements can provide additional annual leave entitlements on top of the NES. Award and agreement-free employees can agree with their employer to purchase extra annual leave in exchange for forgoing an equal amount of pay.

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