Anyone know the legalities behind annual leave?

[deadCA18DET]

Gday guys,
Im trying to get all of my Annual leave payed out in cash, rather than taking the time off.
Problem is , is they are telling me they can only pay me half.
If anyone can shed some light on this would be much appreciated.

Cheers Grey.

[S_E]

I've been told this too, they can pay out 2 weeks, but you have to take the other 2 weeks off, but I'm no expert.

[game]

when i left iinet they paid my anual leave all out with no problems

[Liana-]

It depends what type of contract you are on. Workchoices has gotten a bit vocal on leave payouts.
Basically, to pay out AL it has to be written into your agreement, ie a clause which says 'this may be cashed in rather than taken'. If you're on a pre-workchoices AWA which doesn't have this clause, you can't cash it in (company if caught out in an audit is risking upto a 33k fine).
If you're on a common-law contract, you can cash in upto 50% of your accrued yearly entitlement, basically so you're still left with atelast 2 weeks if need be. I get a bit confused on the exact wording/circumstances around that - i can find out tomorrow the exact legalities if u want (we deal mostly with AWA's, and our common-law ppl are the type to take leave to get out of the office rather than cash it in!!).

This is spose to be one of the 'positives' about workchoices, to prevent the employer from making an employee cash in their entitlement rather then letting them have leave.

[deadCA18DET]

Okay thanks for the feedback, i have already had half payed out in my last pay run , but id still like to know if legally i can get the rest payed out.
What a shitter of system, i dont see the difference in paying it out and having the worker there , or taking the time off and paying them.

[deadCA18DET]

Also ,im not planning on leaving, if i was id just wait till i left to get paid out. Just really need the cabbage.

[Liana-]

legally to get the rest paid out. no. there is some legislation somewhere that states only 2 weeks in a 12mth period.

[MMM]

just quit and you get it all payed out

[deadCA18DET]

Well that sux, il just have to take the leave then.
What a pain.
Thanks for your help guys. :)