27.1 Subject to the provisions of this clause, an employee who has completed a period of ten years’ continuous service in the employ of the University is entitled to 13 weeks’ leave in accordance with the following:
27.1.1 the term ‘continuous service’ shall, subject to paragraph 27.1.2 (a) - (d), mean continuous service in the employment of The University of Western Australia only and shall include all absences on paid leave, including study leave, and any periods of leave without pay granted to take up an assignment with one of the international schemes for developing countries (UNESCO and WHO) to which Australia is a party or for any other purpose for which the University has given its approval;
27.1.2 continuous service does not include:
(a) any period exceeding two weeks during which the employee is absent on leave without pay except as provided at 27.1.1 above;
(b) subject to 27.1.2 (c) below, any period of service between the fifth anniversary date of the employee having accrued an entitlement to long service leave, or a deferred commencing date approved by the Vice-Chancellor pursuant to this clause, and the date on which the employee clears that entitlement;
(c) any service by an employee who has been granted a deferment for the taking of long service leave by the Vice-Chancellor because of impending retirement between a deferred commencing date approved by the Vice-Chancellor and the date the employee retires or clears a full entitlement to long service leave if the employee does not retire on the date nominated;
(d) any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave.
27.2 long service leave shall normally be taken as soon as possible after it is due and must be cleared within five years of accrual. Provided that an employee who has given written notice of his or her retirement must not be required to take long service leave within 24 months of retirement. The Vice-Chancellor may approve deferment of taking long service leave beyond five years in exceptional circumstances.
27.3 without the approval of the Vice-Chancellor long service leave may not be accumulated beyond an entitlement to 13 weeks. Provided that an employee with an entitlement in excess of 13 weeks or who will accrue such an entitlement within 12 months of the certification of this Agreement retains the greater entitlement.
27.4 payment in respect of pro rata long service leave shall be made only to an employee whose employment ceases
27.4.1 by genuine retirement, retirement will be deemed genuine if the employee is of an age that he/she qualifies for state pension or he/she qualifies to access superannuation benefits and he/she intends to leave the paid workforce;
27.4.2 by death;
27.4.3 due to termination by the University for any reason other than serious misconduct, provided in each case that the employee had served the University for a continuous period of not less than five years;
27.5 Upon application by an employee, the Vice-Chancellor may approve of the taking by the employee –
27.5.1 of double the period of long service leave entitlement on half pay, in lieu of the period of long service leave entitlement on full pay; or
27.5.2 of half the period of long service leave entitlement on double pay, while preserving the balance of the long service leave entitlement as unpaid long service leave; or
27.5.3 of any portion of the employee's long service leave entitlement on full pay, or double such period on half pay or half such period on double pay provided that the proportions shall not be less than one day.
27.6 The University of Western Australia is a party to and honours an agreement with other tertiary institutions which provides for recognition of full-time continuous service with other Australian higher education institutions and other approved institutions in accordance with that agreement.
27.7 Time of Taking Long Service Leave
27.7.1 Where an employee gives not less than six months’ notice, the time of taking long service leave will be at his or her choosing, unless the University establishes in exceptional circumstances that arrangements cannot reasonably be put in place that would allow the leave to be taken at the requested time. If leave is denied on this basis the employee is deemed to have approval to defer taking long service leave. Alternate arrangements for clearing leave should be agreed within one month of notification that the leave has been denied and should be at the convenience of the employee unless impracticable.
27.7.2 Where an employee gives less than six months notice, the time of taking long service leave will be considered subject to the operational requirements of the University. Approval of leave shall not be unreasonably withheld. The requirement to provide six months notice does not apply where an employee applies for long service leave during a period of approved unpaid parental leave.
27.7.3 Where an employee has accumulated a long service leave entitlement in excess of 13 weeks, the Vice-Chancellor may give the staff member written notice to take that part of the leave in excess of 13 weeks, at a time convenient to the needs of the institution, provided that:
(a) the Vice-Chancellor shall give the employee written notice of at least six months of the date on which leave must commence;
(b) the employee shall not be required to take long service leave within 24 months of the intended date of retirement of the employee;
(c) the minimum period of leave the employer can require an employee to take shall be six weeks;
27.8 Transitional Arrangement
27.8.1 This sub clause provides transitional arrangements for the clearance of accrued long service leave entitlements. The provisions of this subclause apply to all employees employed as at 18 January 2005 who had an existing accrued long service leave entitlement or entitlements as of that date.
27.8.2 With effect from the 1 January 2005 the University will enforce the provisions of paragraph 27.1.2 (a) - (d) of this clause. Staff with one accrued entitlement as at 18 January 2005 are required to clear that entitlement within five years of 1 January 2005 and will continue to accrue leave within that five year period. Where an employee has two or more accrued entitlements, the employee must clear one entitlement within 5 years and the remainder of entitlements within 10 years of 1 January 2005. Employees who do not clear leave in accordance with this clause will cease to accrue service for long service leave purposes, from the dates contained in this sub-clause.
27.9 The entitlement of a staff member who takes long service leave will be based on the salary of the staff member at the time of commencement of leave.
27.10 The provisions of this clause shall not apply to casual employees.
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