Industrial Relations Act 2016

In addition to the employee’s annual leave entitlement under this division, the employee is entitled to receive a further amount of at least 17½% of the amount payable under section 35(2)(a).

However, if the employee’s employer pays the employee a prescribed additional amount and the amount—

is less than 17½% of the amount payable under section 35(2)(a)—the employee is entitled to receive a further amount so the employee receives the amount the employee is entitled to under subsection (1); or

is at least 17½% of the amount payable under section 35(2)(a)—the employee is not entitled to receive an amount under subsection (1).

In this section—

prescribed additional amount means an amount, however described, in addition to the employee’s annual leave entitlement under this division.Example of how a prescribed additional amount might be described—

annual leave bonus, annual leave loading