s88-89: ss 88 and 89 Do not unreasonably refuse annual leave; public holidays and other leave not counted
Paid annual leave is taken for a period agreed between employer and employee, and the employer does not unreasonably refuse a request to take it. A public holiday falling during annual leave, and any period of other NES leave (other than unpaid parental leave) or community service absence, is not counted as annual leave.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s88-89. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Leave request records with approval or refusal and reasons; Payroll rules excluding public holidays from annual leave deductions; Analysis of refused requests showing reasonable grounds
What usually goes missing
Blanket leave bans over long periods; Public holidays deducted from annual leave balances; Refusals without recorded reasons
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.