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Note: This is the text of the old Act that remains in force until 31st March 2004. From 1st April 2004 leave is governed by the Holidays Act 2003 | |
Section 23 Special provisions as to workers entitled to annual holidays otherwise than under this Act
In Plain English
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Other Acts may increase employee entitlements, but they cannot decrease them. | |
Legislation
23.1 The following provisions shall apply in every case where provision is made by or under any Act other than
this Act or by any [employment contract] for annual holidays or annual leave for any worker: (a) Where the worker is entitled under any such provision to any
benefit that is not less favourable to the worker than the overall benefits provided by sections 11 to 15 of this Act taken together or by the benefits provided by any of sections 16 to 19
or section 21 of this Act, as the case may be, those sections or that section shall not apply to the worker: (b) Where any such provision is less favourable to the worker than
those sections or any such section, those sections or that section shall apply to the worker, and no benefit shall be allowed to the worker under that provision. 23.2
Workers employed under the terms of any order of the Waterfront Industry Tribunal appointed under the Waterfront Industry Act 1976 and workers employed on the waterfront as tally clerks and workers employed
as shipwrights or carpenters in the preparation of ships for cargo or in the loading or unloading of cargo shall be allowed such holidays on such terms and conditions as may from time to time be approved by the
Minister. Except as provided by any such terms and conditions, sections 11 to 19 and section 21 of this Act shall not apply to any such workers.
Cf. 1944, No. 5, s. 7; 1950, No. 68, s. 5 (a); 1962, No. 56, s. 2 (1); 1974, No. 149, s. 5 In subs. (1) the words ``employment contract'' were substituted
for the words ``award or agreement'' by s. 13 of the Holidays Amendment Act 1991. In subs. (2) the Waterfront Industry Act 1976 was repealed by s.
36 of the Waterfront Industry Reform Act 1989.
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52 week history not required
Using the leave calendar
