Human Resources

Part D - Leave

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

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

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

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

26.1.3   a parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee;

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

26.1.5   a parent, parent in law, foster parent, grandparent, grandchild or sibling of the spouse; and

26.1.6   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.

26.2   An employee, excluding a casual employee, is entitled to 12.5 days (93.75 hours) of paid personal leave per year.

26.3   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 six months’ service 46.88 hours
On completion of twelve months’ service 93.75 hours
On completion of each additional twelve months’ service 93.75 hours

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

26.5   A part-time employee will be credited personal leave on a pro-rata basis according to their FTE.

26.6   An employee may take paid personal leave:

26.6.1   due to a personal illness or injury; or

26.6.2   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:

a)   a personal illness or injury; or

b)   an unexpected emergency.

26.7   A casual employee is entitled to unpaid personal leave for the reasons set out in clause 26.19.

26.8   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/carers’ leave on that day.

26.9   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 clause 26.6.

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

26.11   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.

26.12   Where the Director 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.

26.13   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:

26.13.1   the Director or Supervisor has reasonable doubt that the employee is absent due to illness; or

26.13.2   there is reason to doubt the fitness of the employee to be in the workplace either in relation to the safety and well being 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.

26.14   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.

26.15   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 or long service leave, whichever is applicable for the period they were certified as ill.

26.16   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.

26.17   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.

26.18   An employee who is absent on leave without pay will not be eligible for personal leave during the period of leave without pay.

26.19   Unpaid leave

26.19.1   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:

a)   due to a personal illness or injury; or

b)   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:

i)   a personal illness or injury of the member; or

ii)   an unexpected emergency affecting the member.

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

  • a single continuous period of up to 2 days; or
  • any separate periods to which the employee and the Head agree.

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

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27.   Annual Leave

27.1   A full-time employee is entitled to 4 weeks (150 hours) paid annual leave for each completed year of service with the University. This leave accrues progressively during each year of service and is credited on a cumulative and pro-rata basis of 5.77 hours per completed fortnight of service.

27.2   A part-time employee is entitled on a pro-rata basis to the same paid leave entitlements as a full-time employee.

27.3   A casual employee is not eligible for annual leave.

27.4   An employee who accrues an entitlement to annual leave may apply to take all or part of that leave. Unless specifically approved in advance, annual leave shall be taken in one period in one teaching term. The Director must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

27.5   Clearance of leave shall have regard for the work and teaching commitments of the employee and the convenience of the work area. Annual leave must be cleared where possible:

27.5.1   in the case of the first entitlement by the end of February in the year following commencement; and

27.5.2   within the calendar year it accrues thereafter.

27.6   The Director is responsible for managing leave arrangements within the work area.

27.7   Excess annual leave

27.7.1   The supervisor is required to assess leave entitlements with the employee annually.

27.7.2   Annual leave accrual of greater than 8 weeks entitlement is regarded as excess leave and where an employee has greater than 8 weeks accrued entitlement, they are required to reduce the leave entitlement to 4 weeks or less.

27.7.3   The employee will be provided with a period of 12 months to reduce the leave entitlement and the University will notify the employee in writing of when the 12 month period is to commence.

27.7.4   The amount of leave cleared will include leave that accrues during the 12 month period and must generally be an amount of leave which reduces the leave balance to 4 weeks or less at the end of the specified 12 month period.

27.7.5   Where an employee has accrued more than 8 weeks annual leave and has received a written notification to clear leave and the leave has not been cleared within the 12 month period, the University may direct the employee to take annual leave to reduce the leave balance to 4 weeks. The direction to clear annual leave will be in writing and the employee will be given a minimum of 8 weeks notice to clear the leave.

27.8   An employee may elect to access up to a full year's leave entitlement in advance subject to the operational requirements of the work area. If the employee subsequently resigns and has a negative entitlement, the employee is required to repay the overdrawn entitlement. The University may deduct the amount of the overdrawn entitlement from the employee's final payment

27.9   An employee may make application in writing to the Director Human Resources to cash out any single period of annual leave on the grounds of financial hardship only. The minimum period of leave to be cashed out is 1 week. A minimum balance of 4 weeks annual leave must be maintained for an application to cash out leave to be accepted. All payments made when cashing out annual leave will be paid as ordinary time earnings, subject to superannuation and will not count as service. Employees are advised to seek financial advice before making application to cash out leave.

27.10   Annual leave is paid at the ordinary rate of pay an employee receives immediately before the period of annual leave begins.

27.11   Annual leave will normally be taken in periods of at least 37.5 hours. The minimum period of leave that can be debited is 1 hour.

27.12   Employees are encouraged to take accrued leave prior to the expiry of their appointment or resignation. Any accrued annual leave due to an employee on the cessation of employment will be paid out in the employee's final payment.

27.13   Where a holiday referred to in clause 29 - University Holidays and Christmas Closedown, or days to be taken in lieu of those days, occur during the period an employee is absent on approved annual leave, the employee is taken not to be on paid annual leave on that day. If the period during which an employee takes paid annual leave includes a period of any other leave (other than unpaid leave) the employee is taken not to be on paid annual leave for the period of that other leave or absence.

27.14   All periods of annual leave other than cashed out annual leave count as service for all purposes.

27.15   Annual Leave Loading

27.15.1   An employee, excluding a casual employee, will accrue an annual recreation leave loading equal to 17.5% of four weeks salary per calendar year.

27.15.2   The maximum amount of leave loading payable will be equal to the Australian Bureau of Statistics ‘Average Weekly Earnings’ for all males in the September quarter immediately preceding payment.

27.15.3   An employee who commences after 1 January in any year is entitled to a pro rata annual leave loading for the period of service in that year.

27.15.4   Annual leave loading is paid in November or the first pay period in December of each year.

27.15.5   Where an employee ceases employment prior to the annual payment of leave loading, payment of pro-rata Annual Leaving Loading applies.

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28.   Employee Funded Extra Leave

28.1   Purchased Leave Scheme

28.1.1   The employer and the employee may enter into an arrangement where the employee can purchase up to eight (8) weeks additional leave.

28.1.2   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
(i) 44 weeks 8 weeks
(ii) 45 weeks 7 weeks
(iii) 46 weeks 6 weeks
(iv) 47 weeks 5 weeks
(v) 48 weeks 4 weeks
(vi) 49 weeks 3 weeks
(vii) 50 weeks 2 weeks
(viii) 51 weeks 1 week

28.1.3   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).

28.1.4   Purchased leave counts as service for all purposes.

28.1.5   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 Centre. 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.

28.1.6   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.

28.1.7   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.

28.1.8   Sick leave or any other paid leave shall be paid at the reduced rate.

28.1.9   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.

28.2   Deferred Salary Scheme

28.2.1   An employee may apply to work within the parameters of the deferred salary scheme. In order to ensure the smooth running of CELT programmes, a maximum of two teaching staff may be absent as a result of participation in this scheme at any one time.

There are three options available within the scheme:

28.2.1.1   completing 4 years service paid at 80% of salary to obtain one year’s leave also paid at 80% of salary.

28.2.1.2   completing 4½ years service paid at 90% of salary followed by six month’s leave paid at 90% of salary.

28.2.1.3   completing 2 years service paid at 80% of salary followed by six months’ leave paid at 80% of salary.

28.2.2   Employees are responsible for informing themselves of all implications of the deferred salary scheme before entering into such an arrangement.

28.2.3   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.

28.2.4   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.

28.2.5   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.

28.2.6   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.

28.2.7   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.

28.2.8   An employee may not work for the University during the period of leave provided under this subclause.

28.2.9   The deferred salary scheme is offered on the basis that it currently complies with general taxation ruling of the Australian Taxation Department (TD93/242 and CDS10056). In the event the Australian Taxation Office varies or withdraws these taxation rulings and it is no longer possible to offer deferred salary scheme, the scheme will cease with effect from that date.

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29.   Holidays and Christmas Closedown

29.1   Subject to the provisions of subclauses 29.2 and 29.3 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:

29.1.1   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

29.1.2   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.

29.2   If in terms of Senate resolutions 273/60 and 139/64, any of the days stated in subclause 29.1 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 agreed to by the employee and the employer.

29.3   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.

29.4   An employee who is required to work on an appointed holiday shall be granted equivalent time off in lieu.

29.5   By agreement between the University and an employee involved in the administration of students the above arrangement may be varied to better meet the operational requirements of the specific area.

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30.   Long Service Leave

30.1   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' long service leave on full pay.

30.2   An employee employed prior to 19 April 1994:

30.2.1   with an entitlement to accrue three months’ long service leave on the completion of seven years’ continuous service shall maintain this entitlement, however the three months will be replaced by an entitlement of 13 weeks;

30.2.2   with an accrued entitlement of three months maintains that entitlement.

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

30.4   Upon application by an employee, the Vice-Chancellor may approve of the taking by the employee -

30.4.1   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

30.4.2   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

30.4.3   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; or

30.4.4   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.

30.5   An employee who clears any pro-rata long service leave entitlement as provided for at subclause 30.5.4 of this clause shall not be liable to repay any monies representing pro-rata long service leave should the employee subsequently resign prior to the full entitlement accruing.

30.6   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 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.

30.7   Any holiday 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.

30.8   A lump sum payment for the monetary equivalent of a long service leave entitlement accrued in accordance with 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.

30.8.1   to an employee who retires at or over the age of 55 years or who is retired on the grounds of ill health. Provided that no payment shall be made for pro rata long service leave unless the employee has completed not less than twelve months' continuous service before the date of the employee's retirement.

30.8.2   to an employee who, not having resigned, is retired for any other cause. Provided that no payment shall be made for pro rata long service leave unless the employee has completed not less than three years' continuous service before the date of retirement.

30.8.3   to the estate of an employee or such other person as may be approved 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.

30.9   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 30.1 or 30.3 of this clause and standing to the employee's credit at the date of the employee's resignation or termination of appointment.

30.10   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 applies, and no such payment shall exceed the equivalent of twelve months' salary.

30.11   The expression “continuous service” in this clause includes any period during which an employee is absent on full pay or part pay from his duties, but does not include :

30.11.1   any period exceeding two weeks during which the employee is absent on leave without pay;

30.11.2   any service of the employee who resigns or is dismissed, other than service prior to such resignation or to the date of any offence in respect of which the employee is dismissed when such prior service has actually entitled the employee to long service leave under this clause.

30.11.3   subject to subclause 30.12.5 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;

30.11.4   any service by an employee between the date by which long service leave entitlements are required to be cleared pursuant to subclause 30.4 of this clause, or a deferred commencing date approved by the Vice-Chancellor pursuant to subclause 30.4 of this clause and the date on which the employee clears the entitlement required;

30.11.5   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 pursuant to subclause 30.4 of this clause 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;

30.11.6   any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave.

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

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31.   Short, Compassionate/Bereavement, Ceremonial/Cultural Leave

31.1   Short Leave is primarily for matters of a personal and pressing nature which arise without notice and require immediate attention.

31.2   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:

31.2.1   contracts or develops a personal illness that poses a serious threat to his or her life; or

31.2.2   sustains a personal injury that poses a serious threat to his or her life; or

31.2.3   dies.

Immediate family covers:

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

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

31.2.6   a parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee;

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

31.2.8   a parent, parent in law, foster parent, grandparent, grandchild or sibling of the spouse; and

31.2.9   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.

31.3   Ceremonial/Cultural Leave provides leave for legitimate ceremonial and cultural purposes to meet the employee’s customs, traditional law and participation in ceremonial activities.

31.4   An employee must inform the Director, or arrange for the Director to be informed, as soon as practicable (which may be a time after the leave has started) of the taking of Short, Compassionate/Bereavement or Ceremonial/Cultural leave.

31.5   An employee who has informed the Director of the taking of Compassionate/Bereavement Leave must advise the period, or expected period, of the leave. If requested by the Director, the employee must provide evidence which would satisfy a reasonable person that the leave is taken for a permissible occasion in circumstances specified in subclause 31.2.

31.6   The Director will grant an employee of the Centre 2 days Compassionate/ Bereavement Leave, which may be taken as:

(a)   a single continuous 2 day period; or

(b)   2 separate periods of 1 day each; or

(c)   Any separate periods agreed by the Director and the employee to a maximum of 2 days

Where the Director requests evidence of the kind referred to in subclause 31.5, an employee is only entitled to Compassionate/Bereavement leave where they provide such evidence.

31.7   The Director may grant an employee of the Centre Short and Ceremonial/Cultural Leave of absence not exceeding 15 consecutive hours and not exceeding, in aggregate, 22.5 hours in any one calendar year.

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

31.9   The first 2 day permissible occasion for bereavement/compassionate purposes taken in any calendar year will reduce the employee’s annual short leave entitlement by 2 days (15 hours).

31.10   An employee employed on a fixed term contract of more than twelve months shall be eligible for leave in accordance with this clause, and an employee employed on a fixed term contract of less than twelve months shall be eligible for pro rata short leave in accordance with this clause.

31.11   Part time employees are eligible for short and ceremonial/cultural leave on a pro rata basis in accordance with the following formula:

Hours worked per fortnight    ×    22.5
75   1

31.12   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.

31.13   In addition to the leave provided under this clause, employees who are Indigenous Australians are entitled to an additional 2 days leave in accordance with the provisions of clause 8 – Indigenous Australians Employment.

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

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32.   Leave Without Pay

32.1   Subject to the provisions of subclause 32.2 of this clause, the Vice-Chancellor or nominee, on the recommendation of the Director, may grant an employee leave of absence without pay for a period not exceeding twelve (12) months in the first instance. For fixed term employees leave without pay will not be approved for any period which exceeds the term of the appointment.

32.2   Every application for leave without pay will be considered on its merits and may be granted provided that the following conditions are met:

32.2.1   The work of the department is not unduly inconvenienced; and

32.2.2   All other leave credits of the employee are exhausted provided that where the leave without pay is for the purposes of:

32.2.2.1   providing care and support to another person whose care is the responsibility of the employee, the employee will not normally be required to exhaust all other leave credits; or

32.2.2.2   accepting a secondment opportunity with another employer the employee will not normally be required to exhaust all other leave credits.

32.2.3   The minimum period of leave without pay which may be granted is one (1) day.

32.3   Any period which exceeds two weeks during which an employee is on leave of absence granted under this clause shall not, for any purpose, be regarded as part of the period of service of that employee unless the Senate, on the recommendation of the Vice-Chancellor, otherwise determines.

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

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33.   Parental and Partner Leave

33.1   Parental Leave

Definitions - for the purpose of this clause

33.1.1   “Child” means a child born to or legally adopted by an employee or the employee’s partner.

33.1.2   “Continuous Service” is service given in accordance with the contract of employment without a break or with a break not exceeding a period of two weeks.

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

33.1.4   “Employee Couple” means two employees who are both employed at the University.

33.1.5   ”Partner” means a person who is a spouse, de facto or same sex partner of a primary care giver.

33.1.6   “Parental Leave” means the period of absence of up to 104 weeks provided for under this clause. The period of 104 weeks may include paid and unpaid parental leave.

33.1.7   “Perinatal Death” means the death of a fetus weighing 500g or more at 22 or more weeks of gestation; or the death of an infant with 28 days of birth.

33.1.8   “Primary Care Giver” is the employee who will assume the principal role for the care and attention of a child/children.

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

33.2   Entitlement to Parental Leave

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

(a)   birth of a child to the employee or the employee’s partner; or

(b)   adoption of a child who is not the birth child or the stepchild of the employee or the employee’s partner; is under the age of sixteen (16) and has not lived continuously with the employee for six (6) months or longer.

33.2.2   An employee who has completed 12 months continuous service at the time parental leave is to commence is entitled to paid parental leave in accordance with subclause 33.2.3 or subclause 33.2.5.

33.2.3   An employee identified as the primary care giver of a child and who has completed 12 months but less than 5 years continuous service at the time parental leave commences is entitled to 26 weeks paid parental leave at full pay or 52 weeks at half pay. This will form part of the 104 week parental leave entitlement provided in subclause 33.2.1.

33.2.4   Paid parental leave taken in accordance with 33.2.3 must conclude within 26 weeks (at full pay) or 52 weeks (at half pay) of the date of birth or placement of the child.

33.2.5   An employee identified as the primary care giver of a child and who has completed 5 or more years continuous service at the time parental leave commences is entitled to 36 weeks paid parental leave at full pay or 72 weeks at half pay. This will form part of the 104 week parental leave entitlement provided in subclause 33.2.1.

33.2.6   Paid parental leave taken in accordance with 33.2.5 must conclude within 36 weeks (at full pay) or 72 weeks (at half pay) of the date of birth or placement of the child

33.2.7   An employee who has completed less than twelve (12) months’ continuous service at the time the parental leave commences is entitled to unpaid parental leave.

33.2.8   The entitlements outlined in this clause are not available concurrently to any paid parental leave entitlements of an employee’s partner through their employer except partner or paternity leave.

33.2.9   Where parental leave is taken at half pay superannuation contributions will be made on a pro-rata basis. Where the employee elects 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 and the employer contribution.

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

33.2.11   Paid Parental leave and paid Partner Leave may be taken concurrently by employee couples for a maximum of two (2) weeks.

33.2.12   Any unused portion of paid or unpaid parental leave will not be preserved in any way.

33.2.13   An employee may elect to be paid in advance for the period of paid parental leave at the commencement of the parental leave or on a fortnightly basis for the period of the paid parental leave.

33.2.14   An employee employed for a fixed term contract is entitled to parental leave under this clause however the period of leave granted shall not extend beyond the term of that contract.

33.2.15   To be eligible for second and subsequent paid parental leave an employee must return to work on each occasion:

(a)   for a qualifying period of at least 12 months continuous service; and

(b)   at 50% or more of the fraction of employment the employee held prior to commencing parental leave, provided that the return fraction is not less than 0.4 FTE.

33.2.16   An employee who does not meet the requirements of 33.2.15 is entitled to 14 weeks paid parental leave for a second or subsequent period of parental leave

33.3   Other leave entitlements

33.3.1   An employee may clear accrued annual leave or long service leave for the whole or part of the unpaid parental leave absence. The total of any accrued leave accessed may be paid at full or half pay and will form part of the 104 weeks parental leave entitlement provided at subclause 33.2.1. During periods of annual or long service leave clearance the absence is classified as leave for parental leave purposes.

33.3.2   In the event of a pregnant employee prior to the commencement of parental leave;

(a)   being sick;

(b)   being required to undergo a pregnancy related medical procedure; or

(c)   experiencing medical complications related to the pregnancy

the employee may use accrued personal leave credits in accordance with clause 26 – Personal Leave.

33.3.3   An employee on parental leave is not entitled to paid personal leave and other paid absences other than as specified in 33.3.4.

33.3.4   An employee whose pregnancy terminates or whose planned adoption of a child does not eventuate is entitled to such period of paid personal leave or unpaid leave for a period certified as necessary by a registered medical practitioner. Such paid personal leave cannot be taken concurrently with paid parental leave.

33.4   Commencement of Parental Leave

33.4.1   A pregnant employee can commence the period of parental leave any time within 6 weeks before the expected date of birth.

33.4.2   A pregnant employee may apply to the Director of Human Resources to commence paid parental leave up to 20 weeks prior to the expected date of birth on either medical or compassionate grounds. The Director Human Resources will not unreasonably refuse such a request.

33.4.3   A primary caregiver, other than a pregnant employee, with an entitlement to paid parental leave at 33.2.2 may commence paid parental leave within 14 weeks of the date of birth or placement of the child.

33.4.4   If the pregnancy of an employee results in a medically defined late pregnancy miscarriage, a stillbirth, or a perinatal death the pregnant employee retains an entitlement to up to 14 weeks paid parental leave.

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

33.5   Notice, Variation and Evidence Requirements

33.5.1   The employee must give notice to the University of the anticipated period of parental leave at least 10 weeks before the date on which they propose to commence parental leave detailing the total anticipated period of the leave to be taken.

33.5.2   The notice period of 10 weeks may be varied in the case of a premature birth or where an adoption agency requires the primary caregiver or their partner to accept an earlier or later placement of a child, or other compelling circumstances.

33.5.3   An employee on parental leave is required to give 4 weeks written notice of their intention to extend the period of leave stated in the original application.

33.5.4   The employee will provide the University with reasonable evidence of the birth or adoption of the child. In the case of adoption the University may request evidence that the adopted child is, or will be, under 16 years of age as at the date of placement, or the expected date of placement, of the child.

33.5.5   The employer may require reasonable evidence of primary care giver or partner status.

33.6   Transfer to a Safe Job

33.6.1   If illness, risks arising out of pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the pregnant employee to continue in her present duties:

(a)   the duties will be modified; or

(b)   the employee may be transferred to a safe position at the same classification level until the employee commences Parental Leave.

33.7   Replacement Employee

Prior to engaging a replacement employee the University will inform that person of the fixed term nature of the employment and the entitlements relating to the return to work of the employee who is on parental leave.

33.8   Return to Work

33.8.1   An application to resume duty within six weeks after the day on which the pregnancy ends must be supported by a certificate from a registered medical practitioner or midwife, indicating that the employee is fit to resume duty. The early return to duty is subject to Faculty, School or Section convenience but should not be unreasonably denied.

33.8.2   An employee on return to work from parental leave is entitled to the same position or a position equivalent in pay, conditions and status commensurate with the employee’s skill and abilities required in the substantive position held immediately prior to proceeding on parental leave.

33.8.3   Where the employee was transferred to a safe job the employee is entitled to return to the position occupied immediately prior to transfer in accordance with 33.8.2.

33.8.4   An employee may return on a part time basis to the substantive position occupied prior to the commencement of leave, an equivalent position or to a different position at the same classification level, conditions and status commensurate with the employee’s skill and abilities required in the substantive position held immediately prior to proceeding on parental leave. The duration of return to work on a part-time basis and hours of work will be negotiated and agreed between the Director and the employee. Return to work on a part time basis is subject to the Centre’s convenience and the Director is responsible for confirming in writing to the employee and Human Resources the return to work arrangements.

33.8.5   An employee will advise the University in writing at least 6 weeks prior to the due date of returning to work if they wish to return on a part time or job share basis

33.8.6   An employee who has returned to work on a part time basis may revert to full time hours at the same classification level within two (2) years of returning from parental leave. Where an employee makes a request to revert to full time work or increase their fraction prior to the expiry of the period negotiated in 33.7.4 the University may only refuse the request on reasonable business grounds.

33.8.7   Where the University has made a decision to introduce major changes that are likely to have a significant effect on the employee’s position, the Director shall notify the employee while they are on parental leave. The employee will be consulted on any proposed organisational changes as set out in clause 42 – Consultation on Organisational Change.

33.9   Parental Leave and the Contract of Employment

33.9.1   Paid parental leave counts 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.

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

33.9.3   An employee’s contract of employment will not be terminated on the employee’s application for parental leave or partner leave or absence on parental leave or partner leave. This does not affect:

(a)   the rights of the University to terminate employment for other contractual reasons; or

(b)   the expiry of a fixed term contract at the end of the contract period.

33.10   Work whilst on Parental Leave

33.10.1   Primary caregivers on parental leave are permitted to undertake:

(a)   occasional casual employment with the University whilst on parental leave without pay;

(b)   fractional employment with the University combined with paid leave to a maximum of 1 full-time equivalent

33.11   Adoption Leave

An employee seeking to adopt a child is entitled to reasonable unpaid leave to attend interviews or examinations required as part of the adoption process. The employee may substitute unpaid adoption leave with accrued annual or long service leave.

33.12   Entitlement to Partner Leave

33.12.1   An employee who is not a primary care giver is entitled to a period of paid or unpaid partner leave of up to 2 weeks, accessible from the date of birth or placement and up to 3 months after the date of birth or placement.

33.12.2   An employee with 12 months or more continuous service with the University at the time of the birth or placement of the child is entitled to paid partner leave of two (2) weeks.

33.12.3   Partner leave can be taken as a minimum of one (1) day at a time and up to two weeks in total.

33.12.4   If the employee’s partner has a pregnancy that terminates, gives birth to a stillborn child or the child dies following the birth, the employee is entitled to such a period of paid personal leave or unpaid leave for a period certified as necessary by a registered medical practitioner.

33.13   Casual Employees

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

33.13.2   Entitlement to parental leave for casual employees is as prescribed under Fair Work Act 2009.

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34.   Community and Other Leave Entitlements

34.1   An employee engaged in eligible community service activity under the Fair Work Act 2009 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.

34.2   Employees engaged in eligible community service will receive paid leave as prescribed at 34.6. An employee may elect to utilise Annual Recreation Leave and/or Long Service Leave accrued entitlements or leave without pay for any additional leave beyond the periods prescribed at 34.6.

34.3   An employee accessing leave under this clause must as soon as practicable provide the Director with notice of his/her absence.

34.4   The Provisions of this clause shall not apply to casual employees unless otherwise stated.

34.5   The University will provide leave to employees as follows:

34.5.1   Jury Service

An employee, including a casual employee, who is required to serve on a jury will be granted paid leave for such period as necessary for the employee to carry out the duties as a juror. Paid leave will be reduced by any amount an employee receives as jury service pay.

34.5.2   Leave for Emergency Services

Special leave with pay may be granted by the Director to an employee who is a volunteer member of a recognised emergency management body such as the State Emergency Service, St John Ambulance Brigade or Bush Fire Brigade and who is absent from duty as a result of their attendance at an emergency, provided that:

34.5.2.1   the employee is not required for the University's own essential operations and/or emergency services; and

34.5.2.2   the voluntary organisation requiring the employee's services certifies that the person is or was required for the specified period.

34.5.3   Leave for Training with Defence Force Reserves

The Director may approve leave of absence to an employee who is a volunteer member of the Defence Force Reserves or the Cadet Force for the purpose of attending a training camp, school, class or course of instruction under the following conditions:

34.5.3.1   Paid leave up to 4 weeks per year, plus 2 additional paid weeks' leave for first year ADF Reserves for recruitment and training purposes.

34.5.3.2   If the Commanding Officer of a unit certifies that it is essential for an employee to be at the camp in an advance or rear party, a maximum of four (4) extra days on full pay may be granted in a twelve (12) month period.

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35.   Veterans’ Leave

An employee with an illness caused by or related to war service as certified by the Department of Veterans’ Affairs and a registered medical practitioner will be eligible for 112.5 hours on full pay per annum, accruing to a maximum of 337.5 hours as approved by the Vice Chancellor or nominee.

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36.   Time off for Study Purposes

36.1   The Director may approve time off with pay for an employee who is enrolled as a part- time student in a course of study subject to the Centre’s convenience, having regard for teaching commitments:

36.1.1   to attend lectures, tutorials, practicals or laboratory sessions up to a maximum of five hours per week (inclusive of travelling time) during normal working hours, or

36.1.2   access a continuous period of up to two weeks which will be offset against the maximum five hours per week

36.2   Provided that in all cases time off with pay will be subject to –

36.2.1   the Centre’s convenience having regard for teaching commitments;

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

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

36.3   An employee will be granted time off with pay to sit for examinations conducted during normal working hours in subjects in approved courses of study.

36.4   Leave for part-time employees to attend lectures, tutorials, practicals or laboratory sessions will be on a pro rata basis.

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

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37.   Leave for International Sporting Events

37.1   Special leave with pay may be granted by the Director to an employee chosen to represent Australia as a competitor or official at a sporting event which meets the following criteria:

37.1.1   it is a recognised international sport of national significance; or

37.1.2   it is a world or international regional competition; and

37.1.3   no contribution is made by the sporting organisation towards the normal salary of the employee.

37.2   The Director shall be responsible for making enquiries with the Ministry of Sport and Recreation to ascertain whether the application meets the above criteria.

37.3   Leave will be granted for the period of the competition plus reasonable travel time and shall not normally exceed ten consecutive days.

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

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38.   Workplace Relations Training Leave

38.1   An employee who is involved in recognised workplace relations activities, such as accredited short courses, seminars or conferences shall be granted up to a maximum of 37.5 hours’ paid leave per calendar year for workplace relations training or similar courses or seminars as approved. However, leave of absence in excess of 37.5 and up to 75 hours may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed 75 hours.

38.1.1   Workplace Relations training will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime.

38.1.2   Where a public holiday or rostered day off falls during the duration of a course, a day off in lieu of that day will not be granted.

38.2   Subject to subclause 38.1 of this clause shift workers attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course.

38.3   The granting of leave pursuant to the provisions of subclause 38.1 of this clause is subject to the operation of the University not being unduly affected or inconvenienced.

38.4   Any application by an employee shall be submitted to the University for approval at least four weeks before the commencement of the course, provided that the employer may agree to a lesser period of notice.

38.4.1   All applications for leave shall provide details as to the subject, commencement date, length of course, venue and the Authority which is conducting the course.

38.5   A qualifying period of 12 months in University employment shall be served before an employee is eligible to attend courses or seminars of more than one-half day duration. The Vice-Chancellor may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than 12 months’ University service.

38.6   The University shall not be liable for any expenses associated with an employee’s attendance at trade union training courses.

38.6.1   Leave of absence granted under this clause shall include any necessary travelling time in normal working hours immediately before or after the course.

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

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39.   Leave to Attend Workplace Relations Matters

39.1   The University shall grant paid leave during ordinary working hours to an employee:

39.1.1   who is required to give evidence before any industrial tribunal;

39.1.2   who is an employee representative of the employees and required to attend:

39.1.2.1   negotiations and/or conferences with the University;

39.1.2.2   joint employee/management consultative committees or working parties; or

39.1.2.3   meetings preliminary to negotiations or industrial hearings, where the University has provided prior agreement.

39.2   The granting of leave pursuant to subclause 39.1 of this subclause shall only be approved:

39.2.1   where an application for leave has been submitted by an employee a reasonable time in advance;

39.2.2   for the minimum period necessary;

39.2.3   for those employees whose attendance is essential;

39.2.4   when the operation of the University is not being unduly affected or inconvenienced.

39.3   Leave of absence will be granted at the ordinary rate of pay.

39.3.1   The University shall not be liable for any expenses associated with an employee granted leave pursuant to subclause 39.1.

39.3.2   Leave of absence granted under this clause shall include any necessary travelling time in normal working hours.

39.4   Nothing in this clause shall diminish the existing arrangements relating to the granting of paid leave to attend workplace relations matters.

39.4.1   An employee shall not be entitled to paid leave to attend workplace relations matters other than as prescribed by this clause.

39.4.2   The provisions of this clause shall not apply to special arrangements made between the parties which provide for unpaid leave for employees to attend workplace relations matters.

39.5   The provisions of this clause shall not apply when an employee is absent from work without the approval of the Director.

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