Subject to clause 132:
- staff (other than casual staff and seven day continuous shift-workers) will be entitled to four weeks’ paid annual leave; and
- seven day continuous shift-workers (other than casual staff) will be entitled to five weeks’ paid annual leave for each 12 months of continuous paid service, accruing on a pro rata basis.
Annual leave does not accrue during any period of leave without pay, and accrues on a pro rata basis during any period of paid leave taken at less than full pay. Staff will be paid at their ordinary rate of pay for any public holiday falling during their annual leave without deduction from their leave credits. Seven day shift-workers will not be paid shift loadings for public holidays occurring during a period of annual leave.
Annual leave will be taken at times approved by the University, and may be taken in one consecutive period, or in shorter separate periods by mutual agreement. As far as practicable, the University will consider the preferences of staff in relation to the scheduling of leave.
Annual leave makes an important contribution to the health and well-being of staff, and annual leave plans for each staff member will be included in workload planning. During the life of this Agreement, the Management & Staff Consultative Committee will examine ways to encourage staff to take annual leave on a regular basis and to reduce existing excess leave balances. The Management & Staff Consultative Committee will make recommendations to address these issues administratively by no later than March 2010, and will also make recommendations for new provisions to be included in a future enterprise agreement. Additional measures to promote the reduction of excess leave balances during the life of this Agreement are set out in clauses 133 to 137.
Staff may accumulate up to 40 days’ annual leave entitlement. However, where a staff member has accrued more than 40 days annual leave, they may be directed to take annual leave in accordance with clause 134(c). Staff who have accrued more than 40 days annual leave at the commencement of this Agreement may elect to cash out up to 10 days annual leave in accordance with clause 136.
Staff may be directed to take annual leave or be considered to be on annual leave in the following circumstances:
- staff may be directed to take a minimum of 10 days’ annual leave within any 12 month cycle at a time convenient to the University;
- staff may be directed to take annual leave during the usual period of annual close down in December/January for working days other than public holidays (including any days proclaimed as substitute public holidays) and any additional “concessional days” granted by the University falling within the close down period. During each annual close down period falling within the life of this Agreement, the University will grant three concessional days, being days on which staff receive payment but are not required to attend for duty unless expressly directed to do so. Staff who are directed to attend for duty will be entitled to take three concessional days leave at times approved by their Supervisor.
- with effect from 1 January 2010, a staff member who, at 31 October of any year, has accrued in excess of 36 days annual leave, will receive notification that their annual leave balance will exceed 40 days on 1 February the following year, unless the annual leave is taken. If the annual leave is not taken, the staff member will be directed to take, and considered to be on, annual leave from 1 February for the period of leave in excess of 40 days, unless, over the preceding year, reasonable requests for annual leave have been denied.
Before being considered to be on annual leave under clause 134(c) a staff member must have been:
- advised to take annual leave;
- notified in writing that they will be deemed to have taken their leave if not taken by 1 February; and
- given the opportunity to take the excess leave.
Clause 134 does not apply to a staff member who has obtained approval from their Supervisor to take the leave over a longer period, which may be up to a maximum of 12 months.
Staff who have accrued more than 40 days annual leave at the commencement of this Agreement may elect to cash out up to 10 days annual leave as follows:
- leave may be cashed out only if the staff member takes an amount of annual leave equal to or greater than that cashed out;
- an election to cash out leave must be in writing; and
- applications to cash out leave must be made within 12 months of the commencement of this Agreement, and any leave to be taken in conjunction with a cash out must be taken within 18 months of the commencement of this Agreement.
If a staff member has exercised the right to cash out leave or has been given a direction to take leave, the University will be entitled to deduct the amount of annual leave as provided for in clause 134 or directed to be taken at the conclusion of the period of leave.
Staff with insufficient accrued annual leave to cover the specified annual leave days during any period of annual close down will take leave without pay for the days on which they would have otherwise been directed to take annual leave. However, General staff who have insufficient accrued annual leave to cover the specified annual leave days but have accrued additional time under clause 11 of Schedule 4, may utilise their accrued hours instead of taking unpaid leave.
Staff are normally expected to take all their accrued leave prior to the end of their employment with the University.
Interaction with sick leave
A staff member who is ill or incapacitated during annual leave, may, on production of a medical certificate, take sick leave for the period of their illness or incapacity.
Payment in lieu of accrued annual leave
Staff will be paid in lieu of any annual leave that is accrued but untaken at the time of termination of their employment. Such payments will be calculated at the staff member's Salary as defined in clause 3 in relation to paid leave and payments in lieu of leave. If a staff member dies, the payment will be paid to their estate unless otherwise required by law.
Annual leave loading
Staff (other than casual staff and seven day continuous shift-workers) will receive an annual leave loading payment in December each year. Subject to clauses 143 to 145 the loading will be equivalent to 17.5% of four weeks’ pay at the staff member’s Salary rate as at 30 November immediately preceding the payment date.
The maximum loading payable will be equivalent to 17.5% of four weeks’ pay at the Salary rate applicable to the base of Higher Education Officer Level 10 (for General and English language teaching staff) and Level C, step 3 for Academic staff at 30 November immediately preceding the payment date.
Staff whose employment ends before the December payment date or who have not completed 12 months Continuous Service as at 31 December of the year to which the payment relates (the accrual year), will receive a pro rata payment (determined in accordance with clause 142 or 143 as the case requires) based on the number completed months of Continuous Service in the accrual year provided that no payment shall be made to staff whose employment is terminated on grounds of Serious Misconduct.
Seven day continuous shift-workers who are entitled to five weeks’ annual leave will be paid the greater of the shift penalties (or other allowances paid in lieu of shift penalties) that they would have received had they not been on annual leave or a loading equivalent to 17.5% of four weeks’ pay.