Conditions applying in common to all trades and services staff

This Part shall apply in common to all trades and services staff except where otherwise expressly provided.

Section 5 - Leave of Absence and Holidays

40. Annual Leave and Annual Leave Loading

40.1 Annual Leave Entitlement

Except where otherwise provided, a Full-time staff member shall be entitled to annual leave on full pay at the rate of twenty working days (152 hours) for each completed year of service from the date of appointment, subject to clause 40.9 below. A fractional-time staff member shall accrue annual leave at the same rat e as that of a Full-time staff member but shall be paid for leave taken at the fractional rate which applies at the time of taking the leave. Where a change of time fraction occurs, accrued leave credits will be adjusted to reflect the new time fraction u nless the staff member elects to retain the leave credits without adjustment, in which case the leave will be paid at the fractional rate that applied when it was accrued.

40.2 Additional Annual Leave Entitlement for 7-Day Shift Workers

A staff member wh ose ordinary hours of duty are performed over 7 days a week including Sundays and holidays shall, in addition to the normal leave entitlement of the staff member, be granted additional annual leave (exclusive of non-working days and holidays) as follows:

• Where the rostered time of ordinary duty of the staff member includes at least 10 Sundays during the period of annual leave accrual of the staff member - an additional 5 days; or
• Where the rostered time of ordinary duty of the staff member includes less t han 10 Sundays during the period of annual leave accrual of the staff member - additional leave at the rate of half a day in respect of each Sunday so rostered.

40.3 Holidays Falling During Annual Leave

Where a holiday occurs during the period a staff me mber is absent on annual leave and such holiday is observed by the University, no deduction shall be made for that day from the staff member's annual leave credits.

40.4 Illness During Annual Leave

Where a staff member with accrued sick leave credits is ill for two or more consecutive days whilst absent on annual leave, the staff member shall, provided that a certificate from a registered medical practitioner or a statutory declaration by the staff member is submitted for the period of illness, be placed on sick leave and no deduction shall be made from annual leave credits for the days in question.

40.5 Time of Taking Annual Leave

40.5.1 The time of taking annual leave shall be by mutual agreement between the staff member and his/her supervisor provide d that:

• the staff member shall be entitled to take his/her full accrued entitlement as a single continuous period unless otherwise provided in this Agreement; and
• the staff member may be granted annual leave of up to twenty working days in advance of the date on which the staff member accrues an entitlement to twenty working days.

40.5.2 If the staff member and his/her supervisor are unable to agree upon the time of taking leave, the staff member may appeal to his/her Divisional Director or Dean as appro priate for final resolution. If the Divisional Director or Dean is the staff member's supervisor, the staff member may then appeal to the Divisional Director (Student and Staff Services). Where the Divisional Director (Student and Staff Services) is the staff member's supervisor, the staff member may then appeal to the Deputy Vice-Chancellor (Resources).

40.6 Payment in Lieu of Annual Leave on Termination of Employment

Subject to clause 40.9, where a staff member resigns or retires or is dismissed or otherwise terminated from Employment, the staff member shall receive payment in lieu of annual leave accrued but not taken provided that, in the event of Termination of Employment due to the staff member's death, such payment shall be made to the legal representative of the staff member. In all instances payment in lieu shall be for all annual leave accrued for each completed year of service plus a pro rata amount for the current year of service calculated on a daily basis.

40.7 Annual Leave Loading

40.7.1 All staff members subject to this Agreement shall be entitled on the pay day preceding the date of leave accrual (15 December) to an annual leave loading equal to 17.5 per cent of the staff member's ordinary time earnings for the period of leave accrued, with a maximum payment equal to the Australian Statistician's average weekly total earnings of all males (Australia) for the September quarter preceding the date of accrual. Provided that:

• staff members whose Employment commences after 15 December in any accrual year will be entitled on the pay day preceding the date of accrual to a pro rata bonus payment for the number of completed months of continuous service in that accrual year, provided that the maximum payment is in the proportion that such number of months bears to twelve months; and
• staff members whose Employment is terminated prior to 15 December in any accrual year will be entitled to a pro rata bonus payment for the number of completed months of continuous service in that accrual year, provided that the maximum payment is in the proportion that such number of months bears to twelve months and is based on average weekly total earnings for the September quarter of the preceding year.

40.7.2 All staff shall receive a payment for their annual leave loading in the pay period in which 15 December occurs, unless the staff member's Employment ceases prior to this date, in which case, payment shall be made on a pro-rata basis, at the time of cessation of Employment.

40.8 Voluntary Scheme for the Exchange of Annual Leave Loading for Additional Leave

40.8.1 Participation in the following scheme is voluntary. Entry into and exit from the scheme is open in January of each year.

40.8.2 Staff participating in this scheme will receive three and a half (3.5) days' leave in addition to annual leave. These three and a half additional days of leave will be taken in accordance with normal University leave processes, but are non-cumulative and must be taken prior to 31 December in any given year.

40.8.3 The additional three and a half (3.5) days of leave granted pursuant to this sub-clause will not attract penalty rates if staff work on any one of the additional days of leave granted.

40.8.4 In return for the granting of these additional three and a half (3.5) days' leave, the staff member shall forfeit his/her entitlement to the payment of annual leave loading in the year in which the leave is taken. From the date of certification, any enactment, award or agreement giving a staff member participating in this scheme an entitlement to annual leave loading shall cease to have effect, and annual leave loading shall cease to be paid to a staff member participating in this scheme.

40.9 Annual Leave Management

40.9.1 A staff member's maximum entitlement to annual leave shall be limited to 30 working days, subject to clauses 40.9.2 and 40.9.3. Provided that the maximum entitlement to annual leave for a staff member whose ordinary hours of duty are performed over 7 days a week including Sundays and holidays shall subject to clauses 40.9.2 and 40.9.3 be limited to the following:

• 37.5 working days where the rostered time of ordinary duty of the staff member includes at least 10 Sundays during the period of annual leave accrual of the staff member; or
• 30 working days where the rostered time of ordinary duty of the staff member includes less than 10 Sundays during the period of annual leave accrual of the staff member plus an extra 0.75 of a working day in respect of each Sunday so rostered.

40.9.2 To assist staff in managing their annual leave balances, staff will be notified when their annual leave balances are approaching the maximum allowable limit (i.e. 5 leave days prior) and will then be required to submit a proposal for reducing the leave balance to their supervisor within two weeks of receiving such notification. The submitted proposal will normally be accepted by the supervisor. In the absence of agreement or if the staff member does not submit a proposal in the time limit required, the staff member will take annual leave at the direction of the University and the staff member's annual leave balance will be adjusted in accordance with the University's direction.

40.9.3 Subject to the notification in clause 40.9.2 above and the direction of the University in clause 40.9.2 above being made to the staff member, by operation of this Agreement, staff will be deemed to have been directed to take and to have taken any excess annual leave balance (i.e. greater than the maximum allowable limit).

40.9.4 The University will not be liable to compensate a staff member who suffers a loss of annual leave accruals as a result of the operation of clause 40.9.3 above. Further, the University will not be liable for payment in lieu of annual leave in excess of the maximum allowable limit in the event of a staff member ceasing Employment with the University except where:

• pursuant to clause 40.9.2 above either a proposal for reducing the staff member's leave balance has been accepted or the staff member is to take leave at the direction of the University; and
• the date accepted or directed for the reduction of the staff member's leave balance precedes the date of the staff member's Termination of Employment.

40.9.5 This initiative is being implemented to contain annual leave liabilities to a manageable level and is designed to ensure that members of staff take appropriate action to manage their own annual leave credits.