Section 25 of the Minimum Conditions of Employment Act 1984 (WA) only applies to annual leave that has accrued in a prior year; it does not apply to leave accruing in the current year, which is governed by clause 80 of the Agreement.

Where an employment contract provides for a higher hourly wage rate as compensation for absence of leave loading entitlement, and this rate is genuinely paid above the award rate, the employee would already have been compensated for leave loading entitlement through operation of that clause.

Annual leave cannot be cashed out except in compliance with the modern award terms, which require a separate written agreement between employer and employee specifying the amount, payment, and date.

An oral agreement to cash out annual leave does not satisfy the statutory requirements under s 93(2) of the Fair Work Act 2009 (Cth) and cl 28.11 of the Award, which mandate a written agreement signed by both parties.

Expressing leave requests in hours rather than days is consistent with the enterprise agreement and legislative intent where 'day' has no consistent meaning for shift workers with variable daily hours.

Section 25 of the Minimum Conditions of Employment Act is not concerned with and does not apply to annual leave accruing in the course of an accrual year, as opposed to already accrued annual leave.

Loaded wage rates (incorporating penalty rates into a base rate) breach the National Employment Standards.

Cashing-out of leave provisions that do not conform with s.93 of the Fair Work Act may be of no effect and may not be remedied by undertakings, though this does not impede approval of an agreement on other grounds.

Cashing-out of leave provisions that do not conform with s.93 of the Fair Work Act may be of no effect and may not be remedied by undertakings, though this does not impede approval of an agreement on other grounds.