Human Resources

Part C - Employment Conditions - Leave Provisions

28.   Personal Leave – (Sick and Carer’s)

28.1   For the purposes of this Clause, the following are members of an employee’s immediate family:

28.1.1   A spouse (including a former spouse, a defacto, a former defacto and current or former same sex partner);

28.1.2   A child or adult child (including an adopted child, a step child or an ex nuptial child);

28.1.3   A parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee;

28.1.4   A child or adult child (including an adopted child, a step child or an ex nuptial child) of the spouse;

28.1.5   A parent, parent in law, foster parent, grandparent, grandchild or sibling of the spouse; and

28.1.6   A person who lives with the employee in the same household or whose care is the employee’s responsibility and recognising a wide range of relationships and structures which may include one or more of the following: extended family, friendship and dependency.

28.2   An employee, excluding a casual employee, is entitled to 12.5 days (93.75 hours) of paid Personal Leave per year.

28.3   Personal Leave will be credited to a full-time employee on the following basis:

Leave on Full Pay
On date of appointment 46.87 hours
On completion of 6 months’ service 46.88 hours
On completion of 12 months’ service 93.75 hours
On completion of each additional 12 months’ service 93.75 hours

28.4   An employee employed on a short-term contract for a period less than 12 months shall be eligible for pro-rata leave in accordance with this Clause.

28.5   A part-time employee will be credited Personal Leave on a pro-rata basis according to their FTE.

28.6   An employee may take paid Personal Leave:

28.6.1   Due to a personal illness or injury; or

28.6.2   To provide care or support to a member of the employee’s immediate family, or a member of the employee’s household who requires care or support because of:

  1. A personal illness or injury; or
  2. An unexpected emergency.

28.7   A casual employee is entitled to unpaid Personal Leave for the reasons set out in subclause 28.19.

28.8   If the period during which an employee takes paid Personal Leave includes a day that is a University holiday, the employee is taken not to be on paid Personal Leave on that day.

28.9   An employee must inform their supervisor, or arrange for their supervisor to be informed, as soon as practicable, if the employee needs to be absent from work for the reasons set out in subclause 35.6.

28.10   Where 3 or more consecutive working days are involved, the leave application must be supported by a certificate from a registered health practitioner.

28.11   An employee who is unable to resume duty at the end of an approved period of leave must apply for a subsequent period of leave which is to be supported by a certificate from a registered health practitioner.

28.12   Where the Head has reasonable grounds to doubt the reasons for an employee’s absences under this Clause, they shall notify the Director of Human Resources. The Director, Human Resources may require the employee to provide medical certificates for all future absences for a reasonable period of time, not exceeding 12 months. The period may be reviewed by the Director, Human Resources at the request of the employee.

28.13   The Director of Human Resources may direct an employee to attend a registered health practitioner, or send a registered health practitioner to attend on and examine the employee where:

28.13.1   The Head or Supervisor has reasonable doubt that the employee is absent due to illness; or

28.13.2   There is reason to doubt the fitness of the employee to be in the workplace either in relation to the safety and/or wellbeing of themselves and/or others in the workplace. All costs associated with the University directing an employee to a registered health practitioner will be met by the University.

28.14   An employee on Personal Leave due to personal illness or injury may be required to provide certification from a relevant registered health practitioner that they are fit to resume work.

28.15   Where an employee suffers a personal illness during a period of Annual Leave or Long Service Leave and provides a certificate from a registered health practitioner on their return from this period of leave, the employee will be credited with additional Annual Leave or Long Service Leave, whichever is applicable for the period they were certified as ill.

28.16   If an employee who has been retired on medical grounds subsequently resumes duty, the employee's Personal Leave credits at the date of the employee's retirement will be reinstated.

28.17   If an employee resigns and is subsequently reappointed by the University, the employee is regarded as a new appointee from the date of reappointment for the purposes of this Clause. Where the employee is reappointed within 8 weeks of their resignation, the employee retains any existing Personal Leave entitlement under this Clause.

28.18   An employee who is absent on Leave Without Pay will not be eligible for Personal Leave during the period of Leave Without Pay.

28.19   Unpaid leave

28.19.1   An employee is entitled to 2 days of unpaid carer’s leave for each permissible occasion when a member of the employee’s immediate family, or a member of the employee’s household, requires care or support:

  1. Due to a personal illness or injury; or
  2. To provide care or support to a member of the employee’s immediate family or a member of the employee’s household who requires care or support because of:
  1. A personal illness or injury of the member; or
  2. An unexpected emergency affecting the member.

28.19.2   An employee may take unpaid carer’s leave for a particular permissible occasion as:

  1. A single continuous period of up to 2 days; or
  2. Any separate periods to which the employee and the Head agree.

28.19.3   An employee cannot take unpaid carer’s leave during a particular period if the employee has access to paid personal leave.

Back to top

29.   Annual Recreation Leave

29.1   Accrued leave is the leave that an employee is entitled to from a previous calendar year.

29.2   Pro rata leave is the proportion of leave that an employee is entitled to in the current calendar year, to the current date or the date of cessation.

29.3   An employee shall be entitled to recreation leave of 150 hours on full pay for each year of service. Entitlements to recreation leave will be credited on a pro-rata basis of 5.77 hours per fortnight. Employees may elect to access their annual entitlement in advance subject to operational requirements. Should employees subsequently resign in the year, they are then required to repay their overdrawn entitlements in accordance with 29.8.2 of this clause. The University may deduct the amount of any such overdrawn entitlements from the employee’s final salary payment.

29.4   A part-time employee shall be granted annual recreation leave in accordance with this clause, however payment to a part time employee proceeding on annual recreation leave shall be calculated having regard for any variations to the employee’s ordinary working hours during the accrual period.

29.5   An employee who, during an accrual period, was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave.

29.6   The time during which an employee may take annual recreation leave shall, in every case, be such as is approved by the Manager.

29.7   Where the convenience of Child Care Services will be served thereby, the entitlement of an employee to annual leave for recreation may be allowed to accumulate:

29.7.1   with the written consent of the Manager, for not exceeding three years' entitlement; and

29.7.2   in very special circumstances and with the approval of the Vice-Chancellor on the recommendation of the Manager, in excess of three years' entitlement.

29.8   If at any time after one month’s continuous service an employee resigns or the appointment is terminated through no fault of the employee, one third of one week’s pay at the ordinary rate of salary in respect of each completed month of continuous service shall be paid to the employee.

29.8.1   Where an employee who has already taken the annual recreation leave entitlement for the year, or part thereof, resigns or is dismissed for any reason, the employee shall refund the value of the unearned portion of such leave calculated on the basis of one third of a week’s pay at the ordinary rate of salary in respect of each completed month for the balance of the year.

29.8.2   An employee who resigns or whose appointment is terminated for any reason shall be paid the monetary equivalent of any annual recreation leave entitlement accrued in accordance with subclause 29.3 and standing to the employee’s credit at the date of the employee’s resignation or termination.

29.9   An annual recreation leave loading of an amount determined in accordance with paragraph 29.9.1 of this subclause shall accrue to an employee in respect of each entitlement of annual recreation leave.

29.9.1   The amount of the annual recreation leave loading shall be equal to either 17.5% of four weeks’ salary or the amount determined by the Australian Bureau of Statistics as the “average weekly earnings per male employed unit” in Australia for the September quarter immediately preceding the date the entitlement to leave became due, whichever is the lesser.

29.9.2   Payment of the annual recreation leave loading will be effected with a salary payment in November or December of each year only.

29.9.3   Where an employee resigns or the appointment is terminated for reasons other than through no fault of the employee the annual recreation leave loading shall not be paid for any pro rata period of leave.

29.9.4   Where the provisions of subclause 29.8.1 of this clause apply and the employee has been paid pro rata annual recreation leave loading in accordance with paragraph 29.9.2 of this subclause the employee shall also refund such pro rata leave loading payment.

29.10   Should any holiday occur during the period an employee is on annual recreation leave, a day in lieu of each holiday shall be added to the period of annual recreation leave provided that no day shall be added where any of the prescribed holidays fall on a Saturday or Sunday or are not observed by the University.

29.11   The provisions of this clause shall not apply to casual employees.

Back to top

30.   Holidays and Christmas Closedown

30.1   Subject to the provisions of subclause 30.2 of this clause, the following days shall be observed as holidays: New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Sovereign’s Birthday, Christmas Day, Boxing Day and such other days as may be declared State public holidays or University holidays, provided that:

30.1.1   whenever Labour Day, Foundation Day or Sovereign’s Birthday fall on a day other than a Monday the next following Monday shall be the holiday instead of such day; and 30.1.2 such days will normally be taken as part of the Christmas closedown period. Where this is not possible then the days may be taken at some other time agreeable between the University and the employee.

30.2   If, in terms of Senate resolutions 273/60 and 139/64, any of the days stated in subclause 30.1 of this clause are not observed as holidays on the appointed day one day’s leave in lieu will be granted in each case subject to its normally being taken between the Christmas and New Year holidays or immediately following the New Year holidays, provided that leave in lieu accrued under this clause can be cleared at an alternative time agreed to by the employee and the University.

30.3   Where an employee has worked less than the required number of open public holidays to qualify for paid leave for the Christmas closedown, the employee shall take either annual leave, accrued time in lieu or leave without pay for the required number of days.

Back to top

31.   Long Service Leave

31.1   Subject to the provisions of this clause, an employee who has completed ten years’ continuous service at the University is entitled to 13 weeks long service leave on full pay.

31.2   For each subsequent period of seven years’ continuous service an employee shall be entitled to an additional 13 weeks’ long service leave on full pay.

31.3   An employee shall take long service leave accrued under subclauses 31.1 and 31.2 at any time within five (5) years of the leave becoming due between such dates as the Vice-Chancellor on the advice of the Manager may direct or approve.

31.3.1   Subject to 31.3.3, an employee who has not cleared long service leave within the 5 years as prescribed in 31.3 shall cease to accrue a further entitlement. Accrual of long service leave will resume once the employee has cleared part or all of the accrued entitlement.

31.3.2   In some circumstances, operational requirements may not allow an employee to take long service leave within 5 years. In this situation the 5 year period can be extended, subject to the Vice Chancellor’s approval to such a time that the employee has cleared their accrued long service leave, notwithstanding 31.3.1 above.

31.3.3   If an employee has not been able to access long service leave within 5 years of accrual as per 31.3.1 above, the employee or the University may provide not less than 6 months written notice for taking long service leave.

31.4   Upon application by an employee the Vice-Chancellor may approve the taking by the employee

31.4.1   of double the period of long service leave entitlement on half pay in lieu of the period of leave entitlement on full pay; or

31.4.2   of half the period of long service leave entitlement on double pay, in lieu of the period of long service leave entitlement on full pay; or

31.4.3   of any portion of the employee’s leave entitlement on full pay or double such period on half pay or half such period on double pay; or

31.4.4   of pro rata leave entitlement after seven years in the first qualifying period and each three and a half years of second and subsequent entitlements.

31.5   An employee who clears any pro rata long service leave entitlement as provided for at subclause 31.4.4 of this clause shall not be liable to repay any monies representing such leave should the employee subsequently resign prior to the full entitlement accruing.

31.6   An employee who, during an accrual period, was subject to variations in ordinary working hours during an accrual period or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of long service leave, may elect to take a lesser period of long service leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of long service leave.

31.7   Any holidays occurring during the period in which an employee is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted.

31.8   A lump sum payment for the monetary equivalent of a long service leave entitlement accrued under this clause and for any pro rata long service leave based on continuous service of a lesser period than that prescribed by this clause for a long service leave entitlement shall be made in the following cases.

  1. To an employee who retires at or over the age of 55 or who is retired on the grounds of ill health. Provided that no payment shall be made for pro rata leave unless the employee has completed not less than twelve months’ continuous service before the date of retirement.
  2. To an employee who, not having resigned, is retired for any other causes. Provided that no payment shall be made for pro rata leave unless the employee has completed not less than three years;’ continuous service before the date of retirement.
  3. To the estate of an employee or such other person as may be proved by the Vice-Chancellor, in the event of a death of an employee. Provided that no payment shall be made for pro rata long service leave unless the employee had completed not less than twelve months’ continuous service prior to the date of death.
  4. An employee who resigns or whose appointment is terminated for any reason shall be paid the monetary equivalent of any long service leave entitlement accrued in accordance with subclause 31.1 or 31.2 of this clause and standing to the employee’s credit at the date of the employee’s resignation or termination of appointment.

31.9   A calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an employee at the date of retirement, resignation or death, whichever applied, and no such payment shall exceed the equivalent of twelve months’ salary.

31.10   The provisions of this clause shall not apply to casual employees

Back to top

32.   Special Leave

32.1   All employees are entitled to 5 days’ non-cumulative leave without loss of pay during each year of service.

32.2   The Manager may, upon sufficient cause being shown, approve special leave up to a maximum of 37.5 hours. This leave may be rostered by the Manager to meet employee and operational requirements.

32.3   An employee on a fixed term contract of twelve months or more shall be eligible for leave under this clause, and an employee on a fixed term contract of less than twelve months shall be eligible for pro rata special leave under this clause.

32.4   Part-time employees are eligible for leave under this clause on a pro rata basis calculated according to the following formula:

Hours worked per fortnight    ×    30 hours
75   1

32.5   Special leave may be taken for ceremonial/cultural purposes, being legitimate tribal/ceremonial purposes to meet employees’ customs, traditional law and participation in ceremonial activities.

Back to top

33.   Compassionate/Bereavement Leave

Definitions for Compassionate/Bereavement Leave

33.1   Immediate family covers:

  1. A spouse (including a former spouse, a defacto, a former defacto and current or former same sex partner);
  2. A child or adult child (including an adopted child, a step child or an ex nuptial child);
  3. A p arent, parent in law, foster parent, grandparent, grandchild or sibling of the employee;
  4. A child or adult child (including an adopted child, a step child or an ex nuptial child) of the spouse;
  5. A parent, parent in law, foster parent, grandparent, grandchild or sibling of the spouse; and
  6. A person who lives with the employee in the same household or whose care is the employee's responsibility and recognising a wide range of relationships and structures which may include one or more of the following: extended family, friendship and dependency.

33.2   Compassionate/ Bereavement Leave

Compassionate/Bereavement Leave provides leave for each occasion (a permissible occasion) when a member of the employee's immediate family, or a member of the employee's household:

  1. Contracts or develops a personal illness that poses a serious threat to his or her life; or
  2. Sustains a personal injury that poses a serious threat to his or her life; or
  3. Dies.

Entitlement

33.3   Compassionate/Bereavement Leave provides two days leave for each permissible occasion.

  1. The Head may grant an employee employed in that school/section:
  2. Compassionate/bereavement leave for each particular permissible occasion as:
  1. A single continuous 2 day period; or
  2. 2 separate periods of 1 day each; or
  3. Any separate periods agreed by the Head and the employee to a maximum of 2 days.
  1. Leave granted in accordance with this Clause for the purpose of providing care or support to a member of the employee's immediate family, or a member of the employee's household may be approved in conjunction with any other accrued leave.

33.4   The minimum period of leave that can be taken is one (1) hour.

33.5   The provisions of this Clause shall apply to casual employees, however casual employees are not entitled to payment for any periods of leave taken.

Notification

33.6   An employee must give the University notice of the taking of leave under this clause by the employee. The notice:

  1. Must be given to the University as soon as practicable (which may be a time after the leave has started); and
  2. Must advise the University of the period, or expected period, of the leave.

33.7   An employee will, if requested by the University, provide information that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible leave activity.

33.8   An employee is not entitled to take Compassionate/Bereavement leave unless the employee complies with this section.

Back to top

34.   Leave Without Pay

34.1   Subject to the provisions of subclause 34.2, an employee may be granted leave without pay for a period not exceeding twelve months in the first instance. For fixed term employees leave without pay will not be approved for any period that exceeds the term of appointment.

34.2   Every application for leave will be considered on its merits and may be granted provided that the following conditions are met.

34.2.1   The work of Child Care Services’ is not unduly inconvenienced; and

34.2.2   All other leave credits of the employee are exhausted, provided that where the leave without pay is for the purpose of:

  1. providing care and support to a person whose care is the responsibility of the employee, the employee will not normally be required to exhaust other leave credits; or
  2. accepting a secondment with another employer, the employee will not normally be required to exhaust other leave credits.

34.2.3   The minimum period of leave without pay that may be granted is one day.

34.3   Any leave without pay in excess of two weeks shall not for any purpose be regarded as part of the period of service unless the Senate, on the recommendation of the Vice-Chancellor otherwise determines.

34.4   The provisions of this clause shall not apply to casual employees.

Back to top

35.   Parental Leave

35.1   Definitions – for the purposes of this clause

35.1.1   “Employee” includes full time, part time, ongoing and fixed term contract employees.

35.1.2   “Primary Care Giver” is the employee who will assume the principal role for the care and attention of a child/children. The University may require confirmation of primary care giver status.

35.1.3   “Replacement Employee” is an employee specifically engaged to replace an employee proceeding on parental leave.

35.1.4   “Partner” means a person who is a spouse, de facto or same sex partner.

35.2   Entitlement to Parental and Partner Leave

35.2.1   These parental leave provisions will come into effect for any employee who commences parental leave on or at the date of certification of this agreement.

35.2.2   An employee is entitled to a period of up to 104 weeks unpaid parental leave in respect of the:

  1. birth of a child to the employee or the employee’s partner; or
  2. adoption of a child who is not the natural child or the stepchild of the employee or the employee’s partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.

35.2.3   An employee identified as the primary care giver of a child and who has completed twelve months continuous service at the University shall be entitled to 14 weeks paid parental leave from date of certification of this agreement. Paid parental leave will form part of the 104 week entitlement provided in subclause 35.2.2.

35.2.4   The employee and the Manager may agree to the 14 weeks paid parental leave being taken as 28 weeks on half pay. All leave accruals and superannuation contributions during the period of paid parental leave at half pay will be on a pro rata basis. Where an employee wishes to maintain superannuation contributions at a notional full-time rate, they will be responsible for making the necessary arrangements and for maintaining the notional full-time rate for both the employee’s and the employer’s contribution.

35.2.5   A pregnant employee can commence the period of parental leave any time up to 20 weeks before the expected date of birth. Any other primary care giver can commence the period of paid parental leave from the birth date or for the purposes of adoption from the placement of the child but no later than 14 weeks after the birth or placement of the child.

35.2.6   Paid parental leave for primary care purposes for any one birth or adoption shall not exceed 14 weeks. The 14 week paid period must commence not more than 6 weeks before the expected date of birth and conclude not less than 8 weeks after the date of birth. The employee and the Manager are to arrange the exact timing and duration of the leave.

35.2.7   The paid and unpaid parental leave entitlement up to a maximum of 104 weeks may be shared between partners assuming the role of primary care giver.

35.2.8   Parental leave may be taken concurrently by an employee and his or her partner for a maximum of two (2) weeks with the approval of the University.

35.2.9   Where less than the standard parental leave is taken the unused portion of the period of paid or unpaid leave cannot be preserved in any way.

35.2.10   An employee may elect to receive pay in advance for the period of paid parental leave at the time the parental leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid parental leave.

35.2.11   An employee is eligible, without resuming duty, for subsequent periods of parental leave in accordance with the provisions of this clause.

35.3   Partner Leave

35.3.1   An employee who is not a primary care giver shall be entitled to a period of paid or unpaid partner leave of up to 2 weeks at the time of the birth or placement of a child/children to his or her partner. Partner leave can be taken as a minimum of 1 day at a time and up to 2 weeks in total. Partner leave is accessible from the date of birth and up to 3 months after the date of birth. To be entitled to paid partner leave the employee must have been employed by the University for 12 months or more at the time of birth. To be entitled to unpaid partner leave the employee must have been employed by the University for up to 12 months at the time of birth.

35.4   Birth of a child

35.4.1   An employee shall provide the University with a medical certificate from a registered medical practitioner naming the employee, or the employee’s partner confirming the pregnancy and the estimated date of birth.

35.4.2   If the pregnancy results in other than a live child or the child dies in the weeks immediately after the birth, the entitlement to paid parental leave remains intact.

35.5   Adoption of a child

34.5.1   An employee seeking to adopt a child shall be entitled to two (2) days unpaid leave to attend interviews or examinations required for the adoption procedure. Employees working or residing outside the Perth metropolitan area are entitled to an additional day’s unpaid leave. The employee may take any paid leave entitlement in lieu of this leave.

35.5.2   If an application for parental leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid parental leave is terminated. Employees may take any other paid leave entitlement in lieu of the terminated parental leave or return to work.

35.6   Other leave entitlements

35.6.1   An employee proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued annual leave or long service leave for the whole or part of the period of unpaid parental leave. The aggregate of leave entitlements shall be no more than 104 weeks.

35.6.2   Where all other leave entitlements have been exhausted, an employee may apply for leave without pay following parental leave in accordance with the relevant clause in the agreement. The Universitiy’s approval is required for such an extension.

35.6.3   An employee on parental leave is not entitled to paid sick leave and other paid absences other than as specified in 35.6.4 and 35.6.5.

35.6.4   Should the birth or adoption result in other than the arrival of a living child, the employee shall be entitled to such period of paid sick leave or unpaid leave for a period certified as necessary by a registered medical practitioner. Such paid sick leave cannot be taken concurrently with paid parental leave.

35.6.5   Where a pregnant employee not on parental leave suffers illness related to the pregnancy or is required to undergo a pregnancy related medical procedure the employee may take any paid sick leave to which the employee is entitled or unpaid leave for a period as certified necessary by a registered medical practitioner.

35.7   Notice and Variation

35.7.1   The employee shall give not less than 10 weeks notice in writing to the University of the date the employee proposes to commence paid or unpaid parental leave stating the period of leave to be taken.

35.7.2   An employee seeking to adopt a child shall not be in breach of subclause 35.7.1 by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances.

35.7.3   An employee proceeding on parental leave or other leave entitlements under this clause is required to give 6 weeks written notice of intention to reduce or extend the period of leave stated in the original application.

35.8   Transfer to a Safe Job

35.8.1   Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the pregnant employee make it inadvisable for the employee to continue in her present duties, the duties shall be modified or the employee may be transferred to a safe position at the same classification level until the commencement of parental leave.

35.9   Replacement Employee

35.9.1   Prior to engaging a replacement employee the University shall inform the person of the temporary nature of the employment and the entitlements relating to the return to work of the employee on parental leave.

35.10   Return to Work

35.10.1   An employee shall confirm the intention to return to work by notice in writing to the University not less than 6 weeks prior to the expiration of parental leave. An application to resume duty within six weeks after the day on which the pregnancy terminates must be supported by a certificate from a registered medical practitioner, indicating that the employee is fit to resume duty. The early return to duty is subject to Centre convenience.

35.10.2   Where an University has made a definite decision to introduce major changes that are likely to have a significant effect on the employee’s position the University shall notify the employee while they are on parental leave.

35.10.3   An employee on return to work from parental leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to proceeding on parental leave. Where the employee was transferred to a safe job the employee is entitled to return to the position occupied immediately prior to transfer.

35.10.4   An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level. The duration of return to work on a part-time basis shall be negotiated between the Head and the employee. Return to work on a part-time basis is subject to Centre convenience and will be confirmed in writing by the Manager.

35.10.5   Subject to the University’s approval an employee who has returned on a part time basis may revert to full time work at the same classification level within two (2) years of the recommencement of work.

35.11   Effect of Parental Leave on the Contract of Employment

35.11.1   An employee employed for a fixed term contract shall have the same entitlement to parental leave, however the period of leave granted shall not extend beyond the term of that contract.

35.11.2   Paid parental leave will count as qualifying service for all purposes under this Agreement. Absence on unpaid parental leave shall not break the continuity of service of employees but shall not be taken into account in calculating the period of service for any purpose under this agreement.

35.11.3   An employee on parental leave may terminate employment at any time during the period of leave by written notice in accordance with the Agreement.

35.11.4   The University shall not terminate the employment of an employee on the grounds of the employee’s application for parental leave or absence on parental leave but otherwise the rights of the University in respect of termination of employment are not affected.

35.12   Casual work whilst on Parental Leave

35.12.1   Employees shall be permitted to undertake:

  1. Occasional casual employment incidental to their substantive position with the University whilst on parental leave without pay.
  2. Part-time employment combined with paid leave to a maximum of 1 full-time equivalent.

35.13   Part-time employees

35.13.1   Part-time employees shall be entitled to the provisions of this clause in accordance with Clause 15 – Part Time Employees.

35.14   Casual employees

35.14.1   The provisions of this clause shall not apply to casual employees.

Back to top

36.   Time off for Study Purposes

36.1   An employee who is enrolled as a part-time student in a course of study leading to a child care or child development qualification consistent with the objectives of Child Care Services will be eligible for time off with pay to attend lectures, tutorial, practicals or laboratory sessions up to a maximum of five hours per week (inclusive of travelling time) during normal working hours. The Manager may approve an application for study leave for a continuous period of up to three weeks which will be offset against the maximum five hours per week, provided that in all cases time off with pay will be subject to:

36.1.1   Child Care Services’ convenience;

36.1.2   the employee undertaking, as far as practicable, an equal formal study load in her/his own time; and

36.1.3   the employee making satisfactory progress with her/his studies.

36.2   An employee shall be granted time off with pay to sit for examinations conducted during normal working hours in subjects in the approved course of study or with the approval of the Manager for other courses in which the employee is enrolled.

36.3   The provisions of this clause shall not apply to casual employees.

Back to top

37.   Community and Other Leave Entitlements

37.1   An employee engaged in jury service, leave for emergency services or other eligible community service activity is entitled to be absent from his or her employment for the period of engagement in the activity, including reasonable travel time associated with the activity and rest time immediately following the activity.

37.2.1   Employees engaged in eligible community service will receive paid leave as prescribed at subclause 37.3. An employee may elect to utilise annual leave, long service leave accrued entitlements or leave without pay for any additional leave beyond the periods prescribed at subclause 37.3.

37.3   The University will provide community and other leave to employees as follows:

Purpose of Leave Eligibility Leave entitlement
Veteran’s Leave An employee with an illness caused by or related to war service as certified by the Department of Veteran’s Affairs and a registered medical practitioner. Leave of 112.5 hours on full pay per annum, accruing to a maximum of 337.5 hours as approved by the Vice-Chancellor or nominee.
Jury Service An employee who is required to serve on a jury. Paid leave for all staff including casual employees for such period as necessary for the employee to carry out the duties as a juror. An employee is not entitled to receive any jurors' fee except for travel. Payment will be reduced by any amount employee receives as jury service pay.
Leave for Training with
Defence Force Reserves
An employee who is a volunteer member of the Defence Force Reserves or the Cadet Force. Leave to attend a training camp, school, class or course of instruction.
Paid leave up to 4 weeks per year for ADF camps, school, class or course instruction. If the Commanding Officer of a unit certifies that it is essential for an employee to be at an annual training camp in an advance or rear party, a maximum of 4 extra working days may be granted. 2 additional weeks paid leave for first year ADF Reserves for recruit and training purposes.
Leave for International Sporting Events An employee chosen to represent Australia as a competitor or an official at a recognised international sporting event. Paid leave for the period of the competition plus reasonable travel time but not normally exceeding 10 consecutive days.
Leave for Emergency Services An employee who is a volunteer member of a recognised emergency management body such as:
The State Emergency Service; St John Ambulance Brigade; or a Bush Fire Brigade.
And who engages in a voluntary emergency management activity.
Paid leave for attendance at an emergency and/or disaster certified by the relevant voluntary organisation. Paid leave will be for the period the employee is absent when carrying out an emergency management response.

37.4   An employee accessing leave under this Clause must as soon as practicable provide the Head with notice of his/her absence.

37.5   The provisions of this Clause shall not apply to casuals unless otherwise stated.

Back to top