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Trades And Services Staff – Building And Metal Trades Staff 2009 Contact
 
Monash University
Monash University Enterprise Agreement (Trades and Services Staff – Building and Metal Trades Staff) 2009
Schedules

Schedule 6 - Application of Leave

1. Application Of Annual Leave And Annual Leave Loading

1.1 Annual leave may be taken as a single continuous period at a time agreed between the staff member and the relevant supervisor, and up to 20 days may be granted in advance of the date on which the entitlement accrues. If agreement cannot be reached on the time of taking of leave, the staff member may appeal the decision by appeal to the Divisional Director/Dean for final resolution. If the Divisional Director/Dean is the staff member's supervisor, the staff member may appeal to the Divisional Director, Human Resources.

1.2 Where a staff member ceases employment with the University payment in lieu of annual leave credits accrued up to the date of termination of employment will be paid on termination, provided that where termination of employment is due to the staff member's death such payment will be made to the staff member's estate. Payment in lieu will 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.

1.3 The process by which annual leave will be managed is as follows:

  1. A staff member will receive an automated email when his/her leave balance is 20 or more days but less than 25 days and again when the balance is greater than 25 or more days but less than 30 days. These emails will serve the purpose of advising the staff member that he/she is close to reaching the maximum permissible limit of 30 days and that to avoid this the staff member should negotiate a leave plan with his/her supervisor.
  2. If the staff member does not respond and/or negotiate a reduction in his/her leave credits that would otherwise cause those annual leave credits to exceed 30 days, a third email will be sent to the staff member. This email will advise the staff member that he/she has reached the maximum permissible limit of 30 days and that any accrual of leave beyond this limit will constitute "excess annual leave" (EAL).
  3. Should the staff member not submit an application for annual leave within two weeks of receipt of the third email, his/her supervisor may direct the staff member, in writing, to submit a leave proposal that will eliminate the EAL including any additional leave accrued during any notice period.
  4. Should the staff member not apply by 31 December in the year in which the EAL has accrued for annual leave to eliminate the EAL, he/she will by operation of this clause be rostered and deemed to be on leave from the first working day in the following January. The duration of such leave will be for the number of days that, after taking the leave, will bring the staff member's leave balance down to 20 days and the staff member's annual leave will be reduced accordingly.

1.4 All Trades and Services Staff members shall be entitled to 17.5 per cent of the Trades and Services Staff member's ordinary rate of pay for the period of leave accrued, payable in the pay period in which 15 December occurs, with a maximum payment equal to the Australian Statistician's average weekly total earnings of all males (Australia) for the August quarter preceding the date of accrual. Staff members whose employment commences after or ceases prior to 15 December in any accrual year will be entitled to a pro rata payment for the number of completed months of continuous service in that accrual year.

1.5 Staff members may volunteer, in January each year, to receive three and one-half (3.5) days' leave in addition to annual leave. In return they will forfeit their entitlement to payment of annual leave loading in the year in which the leave is taken. These three and a half extra days 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. Exit from the scheme is open only in January each year. The additional three and one-half (3.5) days' leave granted will not attract penalty rates if staff work on any one of these days.

2. Application of Long Service Leave

2.1 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.

2.2 The University may on at least three months' written notice direct a staff member to reduce any long service leave balance in excess of 15.6 weeks (592.8 hours). 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 15.6 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.

2.3 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:

  1. at the ordinary rate of pay with leave entitlements adjusted pro rata for any variations in fraction during the accrual period; o
  2. the ordinary rate of pay adjusted to the average fraction over the accrual period as at the date of commencement of leave.

2.4 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:

  1. At the initiative of the staff member or the University:
    1. after seven years' service, including recognised service with another employer; or
    2. 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
  2. At the initiative of the University after four or more years of service on the grounds of ill-health.

2.5 In accordance with the Fair Work Act 2009, service as a casual staff member 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 staff member prior to that date during the operation of the predecessor certified Agreement will not count as service for calculating any long service leave entitlements.

3. Application Of Personal (formerly Sick) Leave

3.1 Personal leave will be credited as specified in Schedule 3.

3.2 For absences in excess of either three consecutive days (including weekends and public holidays) or six aggregate days in any working year, a staff member will be required to provide satisfactory evidence of illness or incapacity. Provided that clause 50.3 will apply where the University demonstrates reasonable grounds to dispute the genuineness of the staff member's illness or incapacity.

3.3 A staff member may apply to have accrued personal leave substituted for annual or long service leave on presentation of proof that he/she was ill for two or more consecutive days during the period of leave.

3.4 Personal leave credits with employers recognised by the University for long service leave prior service purposes (see Schedule 4) will be transferable up to a maximum of 30 days. Where a staff member was previously employed by the University and returns to continuing or fixed-term employment with the University within a period of 12 months or less, any unused personal leave from the staff member's previous employment with the University will be recredited to the staff member.

4. Application of Other Leave

4.1 The approval of ceremonial or sporting leave is subject to application at least 14 days prior to the intended commencement of leave.

4.2 If required for jury service whilst on annual leave or long service leave, no deduction will be made from a Trades and Services Staff members' annual or long service leave credits for any jury service attendance.

4.3 During a period of unpaid leave including for proceedings in Fair Work Australia, participation in sporting events, standing for elections, or accompanying a spouse overseas, the staff member has no access to University holidays.

5. Application Of Parental Leave

Entitlement to parental leave by long term casuals

5.1 Staff members engaged as long term casuals are entitled to 12 months' unpaid parental leave.

Notice of Parental Leave

5.2 A staff member is required to give at least four weeks' written notice prior to commencing parental leave.

Commencement of Parental Leave

5.3 Parental leave commences:

  1. on the date of placement of the adopted child in the case of adoption leave;
  2. no earlier than six weeks prior to the expected date of delivery in the case of maternity leave, unless medical evidence recommends otherwise; and,
  3. no earlier than one week prior to the expected date of delivery in the case of spouse/domestic partner birth leave.

On at least seven days' notice, a supervisor may request a staff member to obtain medical evidence:

  • that she is fit for work, and
  • if the staff member is fit for work, medical evidence as to whether it is unadvisable for the staff member to continue in her present position because of illness or risks arising out of the pregnancy, or hazards connected with the staff member's position.

If the staff member:

  • fails to provide the requested medical evidence within seven days of the supervisor making the request, or
  • the staff member provides medical evidence indicating that she is either unfit for work or it is unadvisable that she continue working,

the supervisor may direct the staff member to commence maternity leave at any time within six weeks prior to the expected date of delivery.

Continuous Period of Leave

5.4 Unless otherwise agreed with the University, all adoption leave and maternity leave (including any leave at 60% pay shared between spouses under clause 5.10 of Schedule 6 of this Agreement) must be taken as a continuous period.

Extending period of unpaid parental leave

5.5

  1. A staff member who has completed at least 12 months continuous service with the University immediately prior to the date of delivery/expected date of delivery (or the date of the placement of the adopted child/expected date of the placement of the adopted child) and who has already taken 12 months parental leave, may request an additional 12 months unpaid parental leave, to commence immediately following the end of the available parental leave period. The request must be in writing and must be given to the University at least six weeks before the end of the available parental leave period. The University will provide a response to the staff member within 21 days of the request being made.
  2. A staff member who has completed at least 12 months continuous service with the University immediately prior to the date of delivery/expected date of delivery (or the date of placement of the adopted child/expected date of placement of the adopted child), and whose spouse has already taken 12 months parental leave, will only be entitled to a maximum period of 12 months unpaid parental leave.

Return to Work After Parental Leave

5.6 At the end of a period of parental leave, a staff member is entitled to resume work on the same substantive classification, fraction of employment, and salary and with commensurate duties as applied prior to the commencement of leave, subject to the provision by the staff member of at least four weeks' prior confirmation of return to work after the date of delivery. With at least six weeks' notice prior to return to work, a staff member who has completed at least 12 months' continuous service with the University immediately prior to making the request, who is returning from parental leave and who has responsibility for the care of the child may request a reduced working year arrangement in accordance with clause 53, or a reduced fraction for a specified period of time. The request must be in writing and must set out the details of the change sought and the reasons for the change. The University will provide a response to the staff member within 21 days of the request being made.

Where a staff member does return from parental leave on a reduced fraction and commences a subsequent period of paid parental leave, the fraction applied for determining paid parental leave entitlements of the staff member during that subsequent period of paid parental leave will be:

  1. the staff member's average fraction for the 12-month period immediately preceding commencement of that subsequent period of paid parental leave; or
  2. the staff member's average fraction for the period since his/her last return from parental leave,

whichever is the lesser period.

5.7 Clauses 5.5 and 5.6 do not apply to a casual staff member unless the staff member is a long term casual of the University immediately prior to making the request.

Return to Work Conversion Option

5.8 A staff member with an entitlement to adoption or maternity leave at 60% pay and who intends to return to work before exhausting his/her entitlement to leave at 60% pay is entitled to one of the following conversion options upon his/her return to work:

  1. Return to work on a reduced fraction (subject to the agreement of the University) and at a rate of pay nominated by the staff member up to 100% of pay, provided that the staff member has already taken at least 26 weeks' paid adoption or maternity leave and remains on a reduced fraction; or
  2. Payment of the cash value of the unexpired portion of his/her leave at 60% pay entitlement at the election of the staff member as either a lump sum, a fortnightly allowance, or payment of child care fees for University-provided child care (subject to the staff member assuming liability for any FBT costs), whether or not the staff member returns to work on a reduced fraction.

Provided that any payments made under a return-to-work conversion option will only continue until the cash value of the unexpired portion of the staff member's leave at 60% pay entitlement is exhausted or the 52nd week following the date of commencement of the staff member's period of adoption or maternity leave expires, whichever is the earlier. The cash value of the unexpired portion of the staff member's leave at 60% pay entitlement excludes superannuation contributions. Any unused portion of the staff member's entitlement to leave at 60% pay remaining at the staff member's date of termination of employment will be foregone and the University will have no liability to make any payment in lieu for such entitlement foregone.

Nomination of Return-to-Work Conversion Option

5.9 Eligible staff members intending to take up a return-to-work conversion option are required to nominate their selected option at the time of applying for parental leave. Provided that a staff member (and/or his/her spouse pursuant to clause 5.10 of Schedule 6) may subsequently change his/her election on at least 14 days' written notice prior to his/her return to work from parental leave, and the University may charge the staff member an administration fee to cover any costs incurred as a consequence.

Transfer of Leave at 60% Pay Entitlement

5.10 A staff member:

  1. with an entitlement to adoption or maternity leave at 60% pay;
  2. who is succeeded by his/her spouse as the child's primary caregiver; and
  3. whose spouse is employed by the University

may transfer the remainder of his/her leave at 60% pay entitlement to his/her spouse. Provided that if the spouse receives the leave at 60% pay entitlement as a return-to-work conversion option and he/she has not reduced his/her fraction of employment after assuming primary caregiver responsibility, the cash value of the entitlement will be based on that spouse's pay which is the lesser.

Return to Work Obligation

5.11 A staff member (and/or his/her spouse pursuant to clause 5.10 of Schedule 6) will enter into a deed with the University as a condition of payment for any leave at 60% pay entitlement and/or return-to-work conversion option. The deed will specify that the staff member is obliged to return to work for a period equivalent to:

  1. the period of leave taken at 60% pay (irrespective of the staff member's return to work fraction); and/or
  2. the period it takes for the staff member to earn salary (inclusive of additional hours, overtime, shift work, and/or higher duties allowances but exclusive of any benefit paid as salary under the return-to-work conversion option) equivalent in aggregate to the cash value of the return-to-work conversion option benefit received.

Discharge of the staff member's return-to-work obligation commences immediately upon his/her return to work, including a return to work under a return-to-work conversion option.

In the event that the staff member resigns or is dismissed and he/she has failed to fully discharge his/her return to work obligation, the staff member will be required to pay the University restitution for the shortfall. In instances where the staff member fails to return to work for a period equivalent to the period of leave taken at 60% pay, employer superannuation contributions made during the period of such leave will be included in the calculation of restitution owing. Any balance outstanding will be deducted from any entitlements otherwise due to the staff member upon termination of employment. The Deed will make it clear that a staff member may elect to extend his or her period of parental leave in accordance with clause 5.5 of Schedule 6. A decision by a staff member to extend his or her period of parental leave does not absolve the staff member of his/her obligations under the Deed. However, the fulfilment of those obligations may be delayed until the staff member returns to work.

5.12 A staff member's parental leave will be cancelled where the staff member:

  • returns to work following parental leave;
  • ceases as the adopted child's primary caregiver following the date of placement;
  • ceases to accept responsibility for the ongoing care of the child in the case of spouse/domestic partner birth leave;
  • has applied for maternity leave and her pregnancy ends other than by the birth of a living child, whether or not maternity leave has commenced; and/or
  • ceases as the child's primary caregiver during maternity leave and at least 14 weeks have expired from the date of delivery or her entitlement to maternity leave at 100% pay has been exhausted, whichever is the earlier.

A staff member will have no parental leave entitlements beyond the date of termination of his/her employment with the University.

Termination or Still Birth

5.13 Where a staff member's pregnancy has proceeded for at least 20 weeks and her pregnancy either terminates or results in a still birth, she will be entitled to leave up to a maximum aggregate continuous period of 26 weeks comprising:

  1. paid leave equivalent to the staff member's maternity leave at 100% pay entitlement that would otherwise have applied, or the remaining balance thereof; and
  2. unpaid leave.

Provided that the maximum aggregate continuous period may be extended to 52 weeks where certified by a medical practitioner.

Such staff member will resume duty at a time agreed upon in consultation with her supervisor.

5.14 A staff member on unpaid maternity leave who has an accrued personal leave entitlement and becomes ill as a result of her pregnancy or childbirth is entitled to be placed on personal leave for the period of illness subsequent to the expiration of her paid maternity leave, provided she submits a medical certificate or statutory declaration in support.

Parental Leave During Holidays

5.15 Where Labour Day, Queen's Birthday or Melbourne Cup Day, fall during a period of parental leave counting as service, the staff member will accrue an entitlement to 1 â…“ days' holidays in lieu for each day. Where the staff member returns to work in the same year that the entitlement is accrued, it will be taken at the next Christmas/New Year closedown. If not, the accrued holiday entitlement is required to be taken prior to the next closedown period.

5.16 All other holiday entitlements will be foregone by staff on parental leave.