5.5 Long Service Leave

An employee's Long Service Leave entitlement arises from this clause and either the NES (which preserves a historical award) or the relevant State/Territory long service leave legislation, whichever applies to the specific employee; and

If the NES or applicable long service legislation provides an employee with a greater benefit than this clause, the NES or legislation will apply (and any entitlement provided under the NES or legislation will apply in satisfaction of and not in addition to this clause). All the arrangements in this clause apply subject to the applicable law.

1. Continuing and Fixed-term Entitlement

   1. Continuing and Fixed-term employees are entitled to Long Service Leave after seven (7) years of continuous service with the University. Long Service Leave is calculated at the rate of 1.3 weeks for every year of paid service.

   2. Notwithstanding sub-clause 5.5(a)(i), a Protected Employee, in addition to service credited to the employee at the time of their commencement with the University, accrues Long Service Leave at the following rates in combination and not separately:

      • If employed in ACT or NSW, two (2) months long service leave on full pay after ten (10) years of service, unless they made an irrevocable election to transfer to the uniform 1.3 weeks per year of service accrual rate; or

      • If employed in Queensland, thirteen (13) weeks long service leave on full pay after ten (10) years of service and 1.3 weeks long service leave on full pay for each of the following five (5) years of service; and, thereafter

      • If employed in Queensland, NSW or ACT, five (5) months long service leave on full pay per ten (10) years of service.

   3. Where an employee is ill or incapacitated while on long service leave for two (2) or more consecutive days, and the employee produces proof of illness and/or incapacity (such evidence to be consistent with the requirements of sub-clause 5.3(h)) the employee will be placed on paid personal sick leave (where available) and re-credited the equivalent amount of long service leave.

   4. An employee will be entitled to have prior continuing and fixed-term service with other Australian higher education institutions transferred to ACU and recognised for the purposes of determining their Long Service Leave entitlement provided that:

      • any break in service with other Australian higher education institutions does not exceed three (3) calendar months, except where a person had been made redundant, in which case the break in service will not exceed fifty-two (52) weeks;

      • an employee will make any claim for recognition of service within six (6) calendar months of date of commencement.

      • if an employee’s service with the University is not continuous, the aggregate period of service of the employee, including service recognised from another institution and any casual employment with the University, will count as service for the purpose of determining the entitlement of the employee to Long Service Leave.

      • if service with another institution is recognised for Long Service Leave credit, the employee is required to complete a period of three (3) years’ service with the University before being eligible to take Long Service Leave, unless the relevant Delegated Officer/Member of the Executive/Member of the Senior Executive agrees to a lesser period in special circumstances

2. The Planning and Taking of Long Service Leave

   1. Employees must provide six (6) months written notice of their intention to take Long Service Leave in writing, unless the University agrees to a shorter period of notice.

   2. A professional employee will normally access their Long Service Leave at a time, or times that are mutually convenient to the University. Approval to take leave will not be unreasonably withheld.

   3. An academic employee who has qualified for Long Service Leave is entitled to take Long Service Leave at a time of their choosing.

   4. An employee will normally take periods of Long Service Leave in multiples of weeks and may take the leave on full or half pay. Employees who take Long Service Leave at half pay will continue to receive and accrue all entitlements as if they were on full pay.

   5. An employee, upon written request, may be granted approval to take their Long Service Leave for minimum periods of one (1) or two (2) days per week normally for a minimum period of three (3) months. Such circumstances include but are not limited to where an employee has approval to transition to a pre-retirement contract arrangement.

   6. If an employee has a Long Service Leave entitlement of more than 18 weeks, the University may provide them with twelve (12) months written notice to take up to twelve (12) weeks leave, at a time convenient to the University, provided that:

      • The employee must start their Long Service Leave no later than two (2) years from the date of the University’s notice;

      • An employee cannot be required to take Long Service Leave within twenty-four (24) months of the employee’s confirmed date of retirement;

      • The minimum period of Long Service Leave the University can require an employee to take is six (6) weeks;

      • The University cannot require an employee to take any further Long Service Leave for two (2) years after taking leave under this sub-clause; and

      • An employee who provides notice of their plans to take Long Service leave at a particular date in the future may apply for deferral of the application of this sub-clause.

Payment of Untaken Long Service Leave on Termination

7. Where an employee ceases employment with the University after seven (7) years recognised service; or after four (4) years recognised service where the employee retires at their superannuation preservation age or later (including on the grounds of ill health) or dies; the University will pay to the person or their estate the amount of accrued Long Service Leave not taken.

3. Casual Employees Entitlement

   1. A casual employee will be eligible to take Long Service Leave after seven (7) years’ continuous service.

   2. A casual employee can request, in writing, to take Long Service Leave with at least three (3) months’ notice for leave of more than two (2) weeks, and reasonable notice for shorter periods. The University will only refuse or defer a request on reasonable operational grounds and must provide written reasons.

   3. Long Service Leave must be taken in minimum increments of one (1) day.

   4. Where a casual employee ceases employment with the University after seven (7) years Continuous Service, the University will pay the employee the amount of accrued Long Service Leave not taken (subject to the terms of the applicable historical award or applicable long service leave legislation providing for Long Service Leave to be paid out at an earlier time).

A casual employee's Long Service Leave entitlements otherwise arise from the NES (which preserves a historical award) or the relevant State/Territory long service leave legislation, whichever applies to the specific employee.