Paid annual leave

The Fair Work Commission has determined that it is not permissible to incorporate a payment for annual leave into an hourly rate of pay in an enterprise agreement because to do so is to exclude annual leave contrary to the NES; furthermore, so the decision holds, such an arrangement offends the provision which requires annual leave to be paid at the base rate of pay at the time the leave is taken and “paid annual leave” means annual leave to be taken with pay.
Re Caravan Building Pty Ltd [2014] FWCFB 3202