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

49. Long Service Leave

49.1 Long Service Leave Entitlement

A staff member shall be entitled to take accrued long service leave after seven years' continuous service including recognised prior service, being 9.1 weeks (345.8 hours). Thereafter accrual of long service leave entitlement shall be recorde d on a monthly basis at the rate of 1.3 weeks (49.4 hours) for every additional year of recognised service and shall be accessible at any time.

49.2 Service Excluded for the Accrual of Long Service Leave

For the purpose of determining a staff member's entitlements to long service leave, the following shall not count as service:

Any period of service subsequent to the date from which a pension is payable under the provision of the Superannuation Act or of such other pension schemes as may apply where the staff member retires on the grounds of age or ill-health;

Any period of service for which payment in lieu of long service leave has been made by a previous employer or for which a staff member has an entitlement to payment in lieu by a previous employer, provided that any such period of service shall be included for the purpose of satisfying the requirement that a minimum of seven years be served before long service leave may be taken.

49.3 Recognition of Prior Service

49.3.1 Service credits for long service leave are transferable from the following:

• Colleges of advanced education of any other Australian state or territory;
• Australian universities;
• Australian technical and further education colleges and any state or federal departments of education;
• the Commonwealth Public Service and instrumentalities including the armed forces and bodies with which the Public Service has reciprocal relations as published from time to time in the regulations of the Commonwealth Public Service Commission;
• the public service of the State of Victoria including the instrumentalities and bodies with which the Public Service has reciprocal relations as published from time to time in the regulations of the Public Service Commission of Victoria;
• the public services of any other Australian state including the instrumentalities and bodies with which the Public Service has reciprocal relations as published from time to time in their regulations;
• those institutions listed in Schedule 2 of the Post-Secondary Education Act 1978 that, by exchange of letters with Monash University, agree to a reciprocity of recognition of service for long service eligibility purposes.
• other employers by negotiation between the staff member and the University at the time of the staff member's appointment;
• the Commonwealth Scientific and Industrial Research Organisation;
• MONTECH and other Monash University companies;
• Australian inter-university bodies (e.g. AV-CC); and
• TAFE Board.

49.3.2 A staff member shall be entitled to have service with previous employers of the staff member as listed in clause 49.3.1 above recognised for the purpose of determining the long service leave entitlement of the staff member, provided that any break in service with authorities or institutions specified in clause 49.3.1 above does not exceed twelve months.

49.3.3 A staff member shall make any claim for recognition of service within six months of the date of appointment. The Vice-Chancellor shall, as soon as possible after the date of the staff member's appointment but no later than twelve months from that date, notify the staff member in writing as to the amount of service with previous employers recognised for long service leave purposes. A notice to this effect giving full details of the provisions for transfer of long service leave credits shall be provided to the staff member with the letter of appointment.

49.3.4 The amount of service with previous employers recognised for long service leave purposes shall not exceed ten years.

49.3.5 Where service with another employer is recognised for long service leave credit, the Vice-Chancellor may require that a period of service with the University not greater than three years be completed before a staff member is eligible to take long service leave.

49.4 Taking Long Service Leave

49.4.1 Upon application by a staff member, the Dean or head of the administrative unit as applicable may approve the taking by the staff member of:

• double the period of long service leave entitlement on half pay; or
• the period of long service leave on full pay; or

until the nominal expiry date of this Agreement, long service leave at double the staff member's rate of pay, thereby reducing the staff member's accrued long service leave credits by twice the amount of leave actually taken, provided that the staff member has a long service leave balance of 19.5 weeks (741 hours) or more.

49.4.2 Accrued long service leave entitlements may be taken in any quantity provided that the minimum block of long service leave entitlement which can be taken at any one time will be two weeks (76 hours), regardless of the level of leave accrued.

49.4.3 A staff member is entitled to choose the time for taking long service leave provided that at least six months' written notice is given, or the Dean or head of the administrative unit (as applicable) is satisfied that, within a shorter notice period, alternative arrangements can be made to cover the workload of the staff member. In considering long service leave, staff members should take into account operational requirements and student needs.

49.5 Illness During Long Service Leave

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

49.6 Holidays Falling During Long Service Leave

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

49.7 Variation of Fraction of Full-time and Payment of Long Service Leave

Where a staff member's fraction of Full-time has varied, salary for a period of long service leave will be paid as follows at the staff member's option:

• ordinary time earnings with leave entitlements adjusted pro rata for any variations in fraction during the accrual period; or
• ordinary time earnings adjusted to the average fraction over the accrual period as at the date of commencement of leave.

49.8 Payment in Lieu of Long Service Leave on Termination of Employment

49.8.1 A staff member, or where applicable his or her legal representative, shall be entitled to payment in lieu of long service leave accrued, but not taken, as at the date of Termination of service where the staff member's Employment at the University terminates:

• after seven years or more service, including recognised service with another employer;
• after four years service at the University because the staff member retires on the grounds of age or ill-health or the staff member dies.

49.8.2 Where payment is made in lieu of long service leave, the amount of such payment shall be computed on a daily basis equivalent to 1.3 weeks (49.4 hours) per annum.

49.9 Long Service Leave Management

49.9.1 A staff member who has a long service leave balance in excess of 15.6 weeks (592.8 hours) at the end of any calendar year will be formally requested by his/her supervisor to enter into a mutual agreement that will specify when, prior to the end of that calendar year, sufficient leave will be taken to avoid the accumulated leave exceeding 15.6 weeks (592.8 hours).

49.9.2 If the staff member and the supervisor are unable to agree upon the arrangements for the taking of leave then the matter will be referred to the line manager of the supervisor who may direct the taking of the excessive long service leave and the staff member's long service leave record shall be adjusted accordingly. The staff member may appeal the line manager's direction to the Head of the Budgetary Unit or equivalent.

49.9.3 Where a staff member's long service leave balance exceeds 15.6 weeks (592.8 hours) at either 1 February or 1 August in any year, that staff member shall immediately be deemed to be absent from his or her Employment on long service leave and his or her long service leave balance will be adjusted accordingly until the balance is reduced to 15.6 weeks (592.8 hours).

49.9.4 The University will not be liable to compensate a staff member who suffers a loss of long service leave accruals as a result of clause 49.9.3. Further the University will not be liable for payment of leave in excess of 15.6 weeks (592.8 hours) in the event of Termination of Employment of the staff member, except where the Termination precedes the agreed date under clause 49.9.1 or the date determined by the line manager or on appeal to the Head of the Budgetary Unit or equivalent under clause 49.9.2.

49.10 Savings Provision

Subject to clause 49.9 above, no staff member shall as a result of this Agreement suffer any loss of long service leave credits accrued or recognised at the date of certification of this Agreement.