38.1 Purchased Leave Scheme
38.1.1 The employer and the employee may enter into an arrangement where the employee can purchase up to six (6) weeks additional leave.
38.1.2 The employee can agree to take a reduced salary/wage spread over the fifty-two (52) weeks of the year and receive the following amounts of additional purchased leave:
| |
Number of paid weeks (spread over 52 weeks) |
Number of weeks’ purchased leave |
| 38.1.2(a) |
46 weeks |
6 weeks |
| 38.1.2(b) |
47 weeks |
5 weeks |
| 38.1.2(c) |
48 weeks |
4 weeks |
| 38.1.2(d) |
49 weeks |
3 weeks |
| 38.1.2(e) |
50 weeks |
2 weeks |
| 38.1.2(f) |
51 weeks |
1 week |
38.2 Participation in the scheme is for a period of 12 months and is to be re negotiated annually (preferably at the beginning of the calendar year).
38.3 Purchased leave counts as service for all purposes.
38.4 All annual and purchased leave must be taken at mutually agreed times during the 12 month period, with the timing subject to approval. A record of the purchased leave shall be kept by the School or Faculty. Where an employee has been unable to take purchased leave, the employee’s salary/wage shall be adjusted at the expiry of the 12 month period in which the leave was to be taken.
38.5 The employer will assess each application for purchased leave on its merits and give consideration to the personal circumstances of the employee seeking the arrangement as well as to operational requirements.
38.6 Payment to an employee proceeding on annual leave, in excess of the current year’s entitlement, or long service leave shall be calculated on a pro rata basis having regard for any prior periods of full-time or part-time employment.
38.7 Sick leave or any other paid leave shall be paid at the reduced rate.
38.8 An employee who is required to work overtime shall be entitled to payment in accordance with the provisions of clause 24 – Overtime of this Agreement and such payment shall be based on the full-time rate of pay applicable to the classification of the position occupied.
38.9 During the period an employee participates in the scheme, their superannuation contributions will reduce to the level based on their actual salary for that year. Provided that if the employee wishes to maintain superannuation contributions at a notional full-time rate, they will be responsible for making the necessary arrangements and for maintaining both the notional full-time rate for the employee’s and the employer’s contribution.
38.10 Deferred Salary Scheme
38.10.1 An employee may apply to work within the parameters of the deferred salary scheme. There are three options available within the scheme:
(a) completing 4 years service paid at 80% of salary to obtain one year's leave also paid at 80% of salary
(b) completing 4½ years service paid at 90% of salary followed by six month’s leave paid at 90% of salary.
(c) completing 2 years service paid at 80% of salary followed by six months’ leave paid at 80% of salary
38.11 Employees are responsible for informing themselves of all implications of the deferred salary scheme before entering into such an arrangement.
38.12 The period of leave taken in accordance with this clause shall not constitute a break in service and shall count as service for all purposes. However the leave shall not count as service for salary increments.
38.13 An employee may elect to maintain superannuation contributions based on the full-time rate, or to alter contributions to the appropriate proportion of the new salary. An employee who elects to maintain contributions based on the full-time rate shall be responsible for paying the difference between the employer's proportional contribution and the employer's contribution based on the full-time rate.
38.14 An employee may withdraw in writing from this scheme prior to completing the required period of service, in which case a lump sum payment of salary foregone to that time will be made. The employee shall not be entitled to an equivalent absence from duty. Where it is no longer possible to offer the deferred salary scheme, the scheme will cease with effect from that date.
38.15 The following breaks in service will not be considered withdrawal from the scheme, but will be deemed to be non-participatory periods:
- secondments where the outside organisation pays;
- leave without pay;
- sick leave without pay greater than three months;
- parental leave.
Periods of non-participatory service will delay the commencement of the leave year by the length of that non-participatory period. Employees will be paid their normal salary during non-participatory periods.
38.16 Periods deemed to be participatory include:
- approved leave while in receipt of Workers' Compensation;
- sick leave without pay less than or equal to three months, with salary in the final year adjusted accordingly;
- long service leave;
- sick leave with pay;
- annual leave.
38.17 An employee may not work for the University during the period of leave provided under this sub-clause.
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