University of Adelaide Enterprise Agreement 2010-2013

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All staff (other than casuals) are entitled to the following provisions. Part-time staff will accrue leave on a pro-rata basis.

Casual staff may be eligible to accrue long service leave.

4.10 Long Service Leave

4.10.1 Entitlement

Long service leave accrues as follows:

a) at the rate of 6.5 working days for each year of service and pro-rata for a part of a year of service with the University from the first day of January 1966;
b) at the rate of 4.3 working days for each year of service and pro-rata for a part of a year of service with the University between the first day of July 1950, and the first day of January 1966;
c) Staff employed by either SACAE or Roseworthy Agricultural College at the time of the merger, at the rate of 10.71 working days per year of service after 15 years of service and pro-rata for a part of a year of service with the University.

 
4.10.2 Eligibility

a) Service carrying entitlement to long service leave must be continuous service in the employment of the University. Your service will be continuous notwithstanding:

i. An absence from work:

• in accordance with the contract of service;
• on account of illness or injury;
• on account of long service leave, annual leave, study leave or any other kind of paid leave;
• for any period of service, while holding an appointment at the University, as a member of the Naval, Military or Air Forces of the Commonwealth (other than service as a member of the Permanent Forces);
• for any other period or periods of leave without pay while in the service of the University; the University to determine, however, whether any such absence will be counted in calculating the total period of service in respect of which a member of staff is entitled to long service leave;
• for any period during which you receive a pension under the invalidity provisions of a superannuation scheme, but such absence will not be counted in calculating the total period of service in respect of which a member of staff is entitled to long service leave.

ii. A break in your service:

• brought about by the University where you are re-employed pursuant to the order of a Court or Fair Work Australia, except where an order of the Court or the Fair Work Australia has been made;
• brought about by the University in an attempt to avoid a legal obligation or liability relating to long service leave;
• arising directly or indirectly from an industrial dispute where you return to work in accordance with the terms of settlement of the dispute or are re- employed by the University when the dispute is settled;
• brought about by the University where you return to work or are re-employed by the University within eight (8) weeks.

b) An interrupted period of service in your employment may, at the discretion of the Director, Human Resources, be considered as continuous for the purposes of long service leave.

4.10.3 Taking Long Service Leave

a) Unless you have been granted recognition of prior service you will not be eligible to take long service leave prior to achieving seven years continuous service.
b) Subject to clause 4.10.5 (a), if you have qualified for long service leave you will be entitled to take long service leave at a time of your choosing provided that at least six months' written notice is given, and in the absence of such notice, the Executive Manager consents.
c) Subject to the needs of the University, you may take a minimum period of one working day long service leave at such time as may be mutually agreed between you and the University.
d) In individual circumstances the University may permit you to take your long service leave in advance of its accrual, where you would have accrued that entitlement during the period of long service leave taken.
e) Where you have accumulated a long service leave entitlement in excess of 90 working days, your Executive Manager may give you written notice to reduce your entitlement to 30 working days within a two year period, at a time convenient to the needs of the University, provided that the:

i. Executive Manager will give you written notice of at least six months of the date on which leave must commence;
ii. You will not be required to take long service leave within two years of the notified dated of your intended retirement;
 
iii. Executive Manager will not require you to take a further period of long service leave for a period of two years after the end of that period of leave.

f) Despite the preceding provisions of this section, you and your Executive Manager may agree on the deferral of long service leave subject to an agreed leave management plan.

4.10.4 Payment During Leave

a) Payment during long service leave will be at your ordinary rate of pay.
b) If you are engaged on less than a full-time basis, you will be entitled to payment on a pro-rata basis in respect of any full-time employment with the University immediately preceding the conversion to less than full-time employment.
c) Payment will include any normal increment or variation in the applicable salary scale from the date on which such increment or variation may fall due during the period of long service leave.
d) You may take long service leave at half pay for not less than two working days.
e) You will not undertake any paid employment during any period of long service leave.

4.10.5 Payment in Lieu of Leave

a) Payment in lieu of long service leave will be made only in respect of not less than seven years service in the following circumstances:

i. on your death or termination of employment. If you die while employed by the University, payment in lieu of any long service leave to which you have accrued an entitlement at the date of death will be paid to your estate; or
ii. if you receive a pension under the invalidity provisions of a superannuation scheme, or on being considered by the University to be totally and permanently incapacitated.
iii. If you have an entitlement to at least 65 days of long service leave and a annual leave balance of no greater than five (5) days, you may apply to receive a payment in lieu of your long service leave entitlement (i.e. cashing out).

• Applications to cash in an entitlement to long service leave are limited to twice per year and must not exceed a total of 30 working days per year.
• A payment in lieu of long service leave made under these provisions by agreement with you (i.e. cashing out) will be calculated at your ordinary rate of pay applicable immediately before the payment is made.

4.10.6 Prior Service

a) The University will recognise previous continuous paid full-time and part-time service with another Australian University.
b) The University may recognise previous continuous paid full-time and part-time service with other employers by negotiation between you and the University at the time of your appointment.
c) The University recognises service with the organisations listed in clause 4.10.6 (a) and (b) as service with the University, subject to the following provisions:

i. Service between another organisation and the University is unbroken. Service is considered unbroken where there is a break in employment between organisations of no more than two months.
ii. Service which has been paid out by another organisation will be recognised but accrued entitlements from this service will not be credited towards your leave balance.
iii. You will disclose all details or your service and any long service leave paid before your appointment to the University. This information will be verified with the relevant organisation.
iv. If the University has recognised your service from another organisation for long service leave purposes you will not be able to take your accrued long service leave until you have completed three (3) years of service with the University and a total of 10 years of continuous service.

d) The entitlement to recognised periods of service in prior employment as set out in clause 4.10.6 (a) will be calculated as if that service had been with the University of Adelaide.

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