38. Application of Long Service Leave

38.1 A staff member will be entitled to have service with previous employers as listed in clause 38.2 recognised as prior service for long service leave purposes where:

(a) he/she makes a claim for recognition of that prior service within six months of his/her appointment (including any appointment following a period of exclusively casual or sessional service with the University); and

(b) there is no break in service with a recognised prior service employer of more than 12 months.

Where the staff member does claim recognition of prior service for long service leave purposes, the University will notify the staff member of the amount of recognised service as soon as possible but no later than 12 months after the date of appointment. Where previous service is recognised the University may require that the staff member complete up to three years' service with the University before long service leave may be taken.

38.2 Subject to clause 38.1, prior service of up to 10 years with the following employers will be recognised for the purposes of long service leave:

(a) Any Australian University or TAFE Institutes.

(b) The Commonwealth or any State/Territory Public Service and instrumentalities including the armed forces and bodies with which the Public Services have reciprocal relations as published from time to time in the regulations of the Public Service.

(c) Institutions listed in Schedule 2 of the Post-Secondary Education Act which have agreed to reciprocity of recognition of service for long service eligibility purposes.

(d) Other employers by negotiation between the staff member and the University at the time of the staff member's appointment.

(e) Service with CSIRO, Monash University companies, Australian inter-university bodies (e.g. Universities Australia) and the TAFE Board (professional staff only).

38.3 The following will not count as service for long service leave purposes:

(a) 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;

(b) 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 will be included for the purpose of satisfying the requirement that a minimum of 10 years be served before long service leave may be taken.

38.4 A staff member is entitled to choose the time for taking long service leave provided that at least three months' written notice is given, and the minimum block of long service leave taken at any one time is two weeks, regardless of the level of leave accrued. A staff member may apply for leave on full pay; double the period of leave entitlement but at half pay; or leave at double pay provided the long service leave balance is 19.5 weeks or more. Where the staff member takes leave at double pay, his/her accrued long service leave credits will be reduced by twice the amount of leave actually taken.

38.5 The University may on at least three months' written notice direct a staff member to reduce any long service leave balance in excess of 136.5 calendar days (19.5 weeks). A staff member must submit a leave proposal to his or her supervisor within two weeks of receiving such a direction. If the staff member fails to submit a leave proposal, the staff member will, by operation of this clause, be rostered and deemed to be on paid long service leave from 31 December of the year in which the notice was received for such period as is necessary to reduce his/her long service leave balance to 19.5 weeks. These provisions will not apply where a staff member notifies the University in writing that he or she intends to retire within 24 months, such notification being irrevocable by the staff member, unless otherwise agreed by the University.

38.6 Where a staff member's time fraction has varied, the staff member may choose to be paid in accordance with one of the following options:

(a) at the ordinary rate with leave entitlements adjusted pro rata for any variations in fraction during the accrual period; or

(b) the ordinary rate of pay adjusted to the average fraction over the accrual period as at the date of commencement of leave.

38.7 Payment in lieu of long service leave calculated on a daily basis equivalent of 1.3 weeks per annum will be paid when the staff member's employment with the University is terminated in the following circumstance:

(a) At the initiative of the staff member or the University:

(i) after 10 years' service, including recognised service with another employer; or

(ii) after four years' service on the grounds of age retirement (where the staff member is eligible to receive a retirement benefit from his/her superannuation scheme) or death; or

(b) At the initiative of the University after four or more years of service on the grounds of ill-health; or

(c) The staff member is entitled to severance pay under clause 18.7.5 of this Agreement and has five or more years of continuous service calculated from the date of commencement on a fixed-term contract which commenced on or after 22 November 2005.

38.8 In accordance with the Fair Work Act 2009, service as a casual or Teaching Associate which meets the requirements of the Long Service Act 1992 (Vic) will count as service for long service leave under this Agreement from the Operative Date. Service as a casual or Teaching Associate prior to that date during the operation of the predecessor certified agreement will not count as service for calculating any long service leave entitlements.