Enterprise Agreements

(Academic and General Staff) 2000

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Enterprise Bargaining Agreement (Academic and General Staff) 2000

Part E - Leave Entitlements

36. Annual Leave

36.1 A full-time staff member shall be entitled to annual leave on full pay at the rate of twenty working days for each completed year of service from the date of appointment, subject to clause 37 below. A fractional time staff member shall accrue annual leave at the same rate as that of a full time staff member but shall be paid for leave taken at the fractional rate which applies at the time of taking the leave. Where a change of time fraction occurs, accrued leave credits will be adjusted to reflect the new time fraction unless the staff member elects to retain the leave credits without adjustment, in which case the leave will be paid at the fractional rate that applied when it was accrued.

36.2 Where a public holiday occurs during the period a staff member is absent on annual leave and such holiday is observed by the University, no deduction shall be made for that day from the staff member's annual leave credits.

36.3 Where a staff member with accrued sick leave credits is ill for two or more consecutive days whilst absent on annual leave, the staff member shall, provided that a certificate from a registered medical practitioner or a statutory declaration by the staff member is submitted for the period of illness, be placed on sick leave and no deduction shall be made from annual leave credits for the days in question.

36.4 The time of taking annual leave shall be by mutual agreement between the staff member and the Head of Department or Dean (academic staff) or manager (general staff) provided that:

36.4.1 The staff member shall be entitled to take their full accrued entitlement as a single continuous period; and

36.4.2 The staff member may be granted annual leave of up to twenty working days in advance of the date on which the staff member accrues an entitlement to twenty working days;

36.5 If an academic staff member and the supervisor are unable to agree upon the time of taking of leave, the staff member may appeal to the Dean for final resolution. If the Dean is the staff member's supervisor, the staff member may appeal to the Divisional Director (Student and Staff Services).

36.6 If a general staff member and the manager are unable to agree upon the time of taking of leave, the staff member may appeal to the Divisional Director/Dean for final resolution. If the Divisional Director/Dean is the staff member's supervisor, the staff member may appeal to the Divisional Director (Student and Staff Services). Where the Divisional Director (Student and Staff Services) is the staff member's supervisor, the staff member may then appeal to the Deputy Vice-Chancellor (Resources).

36.7 Subject to clause 37 Annual Leave Management, where a staff member resigns or retires or is dismissed or otherwise terminated from employment, the staff member shall receive payment in lieu of annual leave accrued but not taken provided that, in the event of termination of employment due to the staff member's death, such payment shall be made to the legal representative of the staff member. In all instances payment in lieu shall be for all annual leave accrued for each completed year of service plus a pro rata amount for the current year of service calculated on a daily basis.

36.8 Additional annual leave entitlement for 7-Day Shift Workers
A staff member whose ordinary hours of duty are performed over 7 days a week including Sundays and holidays shall, in addition to the normal leave entitlement of the staff member, be granted additional annual leave (exclusive of non-working days and holidays) as follows:

36.8.1 Where the rostered time of ordinary duty of the staff member includes at least 10 Sundays during the period of annual leave accrual of the staff member- an additional 5 days; or

36.8.2 Where the rostered time of ordinary duty of the staff member includes less than 10 Sundays during the period of annual leave accrual of the staff member- additional leave at the rate of half a day in respect of each Sunday so rostered.

36.8.3 The additional annual leave prescribed by sub-clause 36.8 above shall be exclusive of non working days and holidays.

37. Annual Leave Management

37.1 A staff member's maximum entitlement to annual leave shall be limited to 30 working days, subject to sub-clauses 37.2 and 37.3. Provided that the maximum entitlement to annual leave for a staff member whose ordinary hours of duty are performed over 7 days a week including Sundays and holidays shall subject to sub-clauses 37.2 and 37.3 be limited to the following:

37.1.1 37.5 working days where the rostered time of ordinary duty of the staff member includes at least 10 Sundays during the period of annual leave accrual of the staff member; or

37.1.2 30 working days where the rostered time of ordinary duty of the staff member includes less than 10 Sundays during the period of annual leave accrual of the staff member plus an extra 0.75 of a working day in respect of each Sunday so rostered.

37.2 To assist staff in managing their annual leave balances, staff will be notified when their annual leave balances are approaching the maximum allowable limit (i.e. 5 leave days prior) and will then be required to submit a proposal for reducing the leave balance to their supervisor within two weeks of receiving such notification. The submitted proposal will normally be accepted by the supervisor. In the absence of agreement or if the staff member does not submit a proposal in the time limit required, the staff member will take annual leave at the direction of the University and the staff member's annual leave balance will be adjusted in accordance with the University's direction.

37.3 Subject to both the notification and the direction of the University in sub-clause 37.2 above being made to the staff member, by operation of this Agreement, staff will be deemed to have been directed to take and to have taken any excess annual leave balance (i.e. greater than the maximum allowable limit).

37.4 The University will not be liable to compensate a staff member who suffers a loss of annual leave accruals as a result of the operation of sub-clause 37.3 above. Further, the University will not be liable for payment in lieu of annual leave in excess of the maximum allowable limit in the event of a staff member ceasing employment with the University.

37.5 This initiative is being implemented to contain annual leave liabilities to a manageable level and is designed to ensure that members of staff take appropriate action to manage their own annual leave credits.

38. Sick Leave

38.1 A staff member shall be entitled to sick leave on the staff member's ordinary rate of pay at the rate of fifteen working days for each completed year of service from the date of appointment. Such leave shall be credited twelve months in advance provided that, in the first year of employment:

38.1.1 A staff member appointed on a permanent basis or on a contract basis for a period of 24 months or more shall be credited on appointment with 30 days sick leave for the first two years of service;

38.1.2 A staff member appointed on a contract basis for a period less than 24 months shall be credited on appointment with the amount of leave that would accrue during the period of the contract.

38.2 Sick leave entitlements are cumulative from year to year.

38.3 Previous periods of service with the University shall be recognised for the purpose of determining a staff member's entitlement to sick leave provided that any break in service with the University does not exceed twelve months.

38.4 Sick leave credits shall be transferable from institutions listed in sub-clauses 40.8 and 40.9 of this Agreement and shall be transferable from other employers approved for the purpose of determining long service leave entitlements as per clause 40 provided that the maximum benefit shall be restricted to thirty days.

38.5 Where a public holiday falls during a period of sick leave and that holiday is observed by the University, no deduction shall be made from the sick leave credits of a staff member for such day.

38.6 A staff member may convert sick leave on full pay to sick leave on half pay at any time.

38.7 For any day of sick leave which forms part of a period of absence in excess of three consecutive days (including weekends and public holidays) or in excess of six aggregate working days in any year of service, the staff member shall furnish proof of illness to the University. A certificate from a registered medical practitioner, registered dentist, registered physiotherapist, registered chiropractor, registered osteopath, registered optometrist, registered naturopath, registered clinical or counselling psychologist or a statutory declaration by the staff member shall be accepted as proof of illness. In the absence of such proof, the period of absence from duty shall be without pay or, at the request of the staff member, shall be deducted from the annual leave credits of the staff member.

38.8 A staff member who contracts an infectious disease classified as notifiable to the Victorian Department of Health or who is required by a medical practitioner to remain in isolation by reason of contact with a person suffering from a notifiable infectious disease, shall be granted isolation leave on full pay for the period that the staff member is required to be absent and shall not have such leave deducted from sick leave credits.

38.9 A staff member shall be entitled to be granted special repatriation leave for illness due to disabilities certified by the Department of Veterans Affairs as having directly resulted from war service. Such leave shall be granted with full pay up to fifteen days during each year of service and shall not be deducted from sick leave credits. Such leave shall accumulate if not taken provided that the total of the accumulated leave shall not, at any time, exceed 100 days.

38.10 Where a period of illness exceeds the staff members sick leave credited entitlements, the University may approve sick leave in advance, provided the period or advanced leave will be accrued within the period of appointment.

39. Flexibility for Staff Members with Family Responsibilities

39.1 Eligibility For Leave

39.1.1 A staff member, (other than casual and sessional staff members), with responsibilities for the care of a family member shall be entitled to use special family leave provisions for absences relating to the illness of the family member.

39.1.2 For the purposes of this clause, family member shall mean either:

a member of the staff member's household; or
a member of the staff member's immediate family.

39.1.3 "Immediate family" includes spouse, child, parent, grandparent, grandchild, sibling, or any other person with whom the University is satisfied that the staff member has a bona fide immediate family relationship.

39.1.4 "Child" includes a dependent or adult child (including an adopted, step or ex-nuptial child).

39.2 Periods Of Paid Or Unpaid Leave

39.2.1 A staff member is entitled to access sick leave credits to a maximum of five working days in any one calendar year to support a member of the staff member's family who is ill.

39.2.2 In addition a staff member, by arrangement with the University, may access:

up to a maximum of five days annual leave in single days;
make up time, whereby a staff member may choose to perform additional work at ordinary time to make up for time lost; or
unpaid leave.

39.3 Paid special family leave provisions as outlined above will not be cumulative from year to year.

39.4 Notification
All absences relating to special family leave must be supported by the production of satisfactory evidence of illness of the family member such as a medical certificate or statutory declaration.

40. Long Service Leave

40.1 A staff member shall be entitled to long service leave of thirteen (13) weeks after ten years of recognised service and at the rate of 1.3 weeks for every additional year of recognised service thereafter.

40.2 Accrual of long service leave entitlement shall be recorded on a monthly basis thereafter and shall be accessible at any time upon completion of ten years recognised service.

40.3 Where payment is made in lieu of long service, the amount of such pay shall be computed on a daily basis equivalent to 1.3 weeks per annum.

40.4 Upon application by a staff member, the Dean (academic staff) or Head of Administrative Unit (general staff) may approve the taking by the staff member of:

40.4.1 double the period of long service leave entitlement on half pay; or

40.4.2 the period of long service leave on full pay; or

40.4.3 until the nominal expiry date of this Agreement, a staff member may elect to take long service leave at double the staff member's rate of pay, thereby reducing the staff member's accrued long service leave credits by twice the amount of leave actually taken, provided that the staff member has a long service leave balance of 19.5 weeks or more.

40.5 Accrued long service leave entitlements may be taken in any quantity provided that the minimum block of long service leave entitlement which can be taken at any one time will be two weeks, regardless of the level of leave accrued.

40.6 A staff member is entitled to choose the time for taking long service leave provided that at least six months' written notice is given, or the Dean (academic staff) or Head of Administrative Unit (general staff) is satisfied that, within a shorter notice period, alternative arrangements can be made to cover the workload of the staff member. In considering long service leave, staff members should take into account operational requirements and student needs.

40.7 For the purpose of determining a staff member's entitlement to long service leave, the following shall not count as service:

40.7.1 Any period of service subsequent to the date from which a pension is payable under the provision of the Superannuation Act or of such other pension schemes as may apply where the staff member retires on the grounds of age or ill-health;

40.7.2 Any period of service for which payment in lieu of long service leave has been made by a previous employer or for which a staff member has an entitlement to payment in lieu by a previous employer, provided that any such period of service shall be included for the purpose of satisfying the requirement that a minimum of ten years be served before long service leave may be taken.

40.8 Service credits for long service leave are transferable between institutions and are transferable from:

40.8.1 Colleges of advanced education of any other Australian state or territory;

40.8.2 Australian universities;

40.8.3 Australian technical and further education colleges and any state or federal departments of education;

40.8.4 The Commonwealth Public Service and instrumentalities including the armed forces and bodies with which the Public Service has reciprocal relations as published from time to time in the regulations of the Commonwealth Public Service Commission;

40.8.5 The public service of the State of Victoria including the instrumentalities and bodies with which the Public Service has reciprocal relations as published from time to time in the regulations of the Public Service Commission of Victoria;

40.8.6 The public services of any other Australian state including the instrumentalities and bodies with which the Public Service has reciprocal relations as published from time to time in their regulations;

40.8.7 Those institutions listed in Schedule 2 of the Post-Secondary Education Act 1978 that, by exchange of letters with Monash University, agree to a reciprocity of recognition of service for long service eligibility purposes.

40.8.8 Other employers by negotiation between the staff member and the University at the time of the staff member's appointment.

40.9 Service credits are transferable for general staff only from the following institutions:

40.9.1 The Commonwealth Scientific and Industrial Research Organisation;

40.9.2 MONTECH and other Monash University companies;

40.9.3 Australian inter-university bodies (e.g. AV-CC);

40.9.4 TAFE Board.

40.10 A staff member shall be entitled to have service with previous employers of the staff member as listed in sub-clauses 40.8 and 40.9 above recognised for the purpose of determining the long service leave entitlement of the staff member, provided that any break in service with authorities or institutions specified in sub-clauses 40.8 and 40.9 above does not exceed twelve months.

40.11 A staff member shall make any claim for recognition of service within six months of the date of appointment. The Vice-Chancellor shall, as soon as possible after the date of the staff member's appointment but no later than twelve months from that date, notify the staff member in writing as to the amount of service with previous employers recognised for long service leave purposes. A notice to this effect giving full details of the provisions for transfer of long service leave credits shall be provided to the staff member with the letter of appointment.

40.12 The amount of service with previous employers recognised for long service leave purposes shall not exceed ten years.

40.13 Where service with another employer is recognised for long service leave credit, the Vice-Chancellor may require that a period of service with the University not greater than three years be completed before a staff member is eligible to take long service leave.

40.14 Where a staff member with accrued sick leave credits becomes ill for two or more consecutive days while on long service leave the staff member shall, provided that a certificate from a registered medical practitioner or a statutory declaration from the staff member is submitted for the period of the illness, be entitled to be placed on sick leave and no deduction shall be made from long service credits for the days in question.

40.15 Where a public holiday occurs during the period that a staff member is absent on long service leave and such holiday is observed by the University, no deduction shall be made for that day from the staff member's long service leave credits.

40.16 A staff member, or where applicable his/her legal representative, shall be entitled to payment in lieu of long service leave accrued, but not taken, as at the date of termination of service where:

40.16.1 The staff member's employment at the University terminates after ten years or more service, including recognised service with another employer;

40.16.2 After four years service at the University the staff member retires on the grounds of age or ill-health or the staff member dies.

40.17 Where a staff member's fraction of full-time has varied, salary for a period of long service leave will be paid at the staff member's option either:

40.17.1 at the ordinary rate of pay with leave entitlements adjusted pro rata for any variations in fraction during the accrual period; or

40.17.2 the ordinary rate of pay adjusted to the average fraction over the accrual period as at the date of commencement of leave.

40.18 Subject to clause 41 below, no staff member shall as a result of this Agreement suffer any loss of long service leave credits accrued or recognised at the date of certification of this Agreement.

41. Long Service Leave Management

41.1 The University may direct a staff member to reduce his/her long service leave balance where such balances are in excess of 136.5 calendar days (19.5 weeks) in the context of the operational needs of the Faculty or Administrative Unit. In these circumstances, the staff member will be given a minimum of six months' written notice. A staff member so directed, will have his/her leave balance reduced accordingly and will be so advised in writing. Any written direction given in accordance with this sub-clause may only be revoked or varied in writing by the holder of the office who gave the initial direction.

41.2 The University will not be liable to compensate a staff member who suffers a loss of long service leave accruals as a result of sub-clause 41.1.

41.3 The provisions of this clause shall not apply where a staff member notifies the University in writing, that he or she intends to retire within 24 months of the date of giving such notification to the University, such notification being irrevocable by the staff member, unless otherwise agreed by the University.

42. Maternity Leave

42.1 A staff member (other than casual and sessional staff) who has served for a continuous period of not less than twelve months and who submits to the Head of Department/Administrative Unit as the case may be, a certificate from a registered medical practitioner stating that she is pregnant and specifying the day on which it is expected the child will be delivered shall be entitled to:

42.1.1 Leave on full pay for a continuous period of twelve weeks, to be taken within the period commencing six weeks prior to the expected date of delivery and concluding twelve weeks after the actual date of delivery.

42.1.2 Additional leave without pay as will bring the aggregate leave to a continuous period of twelve months. Such leave without pay shall be taken within the period from twenty weeks before the expected date of delivery to twelve months after the commencement of the period of paid leave.

42.2 A staff member (other than casual and sessional staff) who has served for a continuous period of less than twelve months and who submits to the Head of Department/ Administrative Unit as the case may be, a certificate from a registered medical practitioner stating that she is pregnant and specifying the day on which it is expected the child will be delivered shall be entitled to:

42.2.1 Leave on full pay for a continuous period at the rate of one week for each month of service, to be taken within the period commencing six weeks prior to the expected date of delivery and concluding twelve weeks after the actual date of delivery.

42.2.2 Additional leave without pay as will bring the aggregate leave to a continuous period of twelve months. Such leave without pay shall be taken within the period from twenty weeks before the expected date of delivery to twelve months after the commencement of the period of paid leave.

42.3 The Head of Department/Administrative Unit may direct a staff member to commence maternity leave at any time within six weeks before the expected date of birth, provided that written notice of such a direction of at least fourteen working days shall be given to the staff member.

42.4 The staff member shall be entitled to remain on duty upon the submission of a certificate from a registered medical practitioner stating that she is fit to work.

42.5 A staff member on maternity leave:

42.5.1 May use accrued annual leave and long service leave credits to cover any of the period of leave without pay.

42.5.2 Who contracts an illness resulting from pregnancy or childbirth and such illness extends beyond the period of paid maternity leave shall, upon the submission of a medical certificate or statutory declaration, be entitled to be placed on sick leave for the period of illness subsequent to the date on which paid maternity leave expires.

42.6 The staff member shall provide written notice to the Head of Department/Administrative Unit not less than four weeks preceding the date upon which she proposes to commence maternity leave, stating the period of leave to be taken, save that the Head of Department/Administrative Unit may waive the requirement for notice.

42.7 A staff member shall be entitled to extend the period of maternity leave provided that the staff member provides written notice of fourteen days to the Head of Department/Administrative Unit and the total period of leave is not in excess of the maximum aggregate period of entitlement to leave as per sub-clauses 42.1 and 42.2. A request to reduce the period of leave originally specified as provided in sub-clause 42.6 shall be subject to approval by the Head of Department/Administrative Unit.

42.8 A staff member shall confirm her intention to return to work by providing written notice to the Divisional Director (Student and Staff Services) not less than four weeks prior to the expiration of the period of maternity leave or of the period of leave granted in accordance with sub-clause 42.1 and 42.2. Upon the expiration of the period of leave, the staff member shall be entitled to resume work on her substantive classification and salary, with duties commensurate with her qualifications and experience and as far as practicable similar to those performed by her prior to the taking of maternity leave.

42.9 Normal incremental advancement shall continue during maternity leave.

42.10 A staff member employed on a short-term contract whose contract expires during a period of paid maternity leave shall not be eligible for further maternity leave after the date of expiry of the contract unless she is re-employed on a permanent basis or on a further contract. The provision of maternity leave shall not be grounds for the termination of a contract or for a refusal by the University to offer re-employment.

42.11 A staff member whose pregnancy, having proceeded for a period of not less than twenty weeks, terminates or results in a still-born child, shall be entitled to:

42.11.1 Paid leave as per sub-clauses 42.1 or 42.2 hereof as the case may be, or where the staff member has commenced such leave, that period of paid leave outstanding.

42.11.2 Such leave without pay as will bring the aggregate leave to a continuous period not exceeding six calendar months or to such longer period as may be certified by a medical practitioner up to a maximum of twelve calendar months.

42.12 Subject to sub-clause 42.11, maternity leave applied for but not commenced shall be cancelled where the pregnancy of a staff member terminates other than by the birth of a living child.

43. Paternity Leave

43.1 A staff member (other than casual and sessional staff) who submits a statutory declaration that he is the father of, or has accepted responsibility for the ongoing care of, a child shall be entitled to leave on full pay for five consecutive working days or for a period which in the aggregate does not exceed five working days. Such leave shall be taken within the period commencing in the week prior to the expected date of the birth of the child and concluding six weeks after the birth of the child or, in the case of adoption of a child, within six weeks from the date of placement.

43.2 Additional unpaid leave up to an aggregate of 12 months duration may be taken to care for a young child.

43.3 Normal incremental advancement shall continue during paternity leave.

44. Adoption Leave

44.1 A staff member (other than casual and sessional staff) who submits satisfactory evidence of being an approved applicant for the adoption of a child and the date of placement of that child and who is the primary care giver of that child, shall be entitled to:

44.1.1 Where the child is at the date of adoption under twelve months of age, leave on full pay for a continuous period of twelve weeks commencing from the date of placement. Where a male staff member receives payment under this sub-clause, then clause 43 will not apply;

44.1.2 Where at the date of adoption the child is twelve months of age or older, leave on full pay for a continuous period of six weeks commencing from the date of placement. Where a male staff member receives payment under this sub-clause, then clause 43 will not apply;

44.1.3 Such leave without pay as will bring the aggregate leave to a continuous period not exceeding twelve calendar months.

44.1.4 A staff member employed on a short-term contract whose contract expires during a period of paid adoption leave shall not be eligible for further adoption leave after the date of expiry of the contract unless he/she is re-employed on a permanent basis or on a further contract. The provision of adoption leave shall not be grounds for the termination of a contract or for a refusal by the University to offer re-employment.

44.2 Normal incremental advancement shall continue during adoption leave.

45. Return from Parental Leave

45.1 A staff member who is the primary care giver of a child shall be entitled to return to work from parental leave on the full time or fractional time basis that applied to the staff member immediately prior to the commencement of parental leave, provided that:

45.1.1 The staff member may, no less than 6 weeks prior to returning from parental leave, apply in writing to his/her supervisor to participate in the voluntary reduced working year arrangement as provided by clause 34 of this Agreement; or

45.1.2 The staff member may, no less than 6 weeks prior to returning from parental leave, apply to his/her supervisor to return on a reduced fraction of employment basis, including a reduced fraction in connection with a job share arrangement, for an agreed period of time, following which the staff member shall be entitled to return to the substantive fraction of employment.

45.2 Where a staff member makes application pursuant to sub-clause 45.1.1 or 45.1.2 above, the application shall normally be approved by the staff member's supervisor.

45.3 In the event a supervisor declines to approve the staff member's application, the supervisor must refer the matter to the Dean if the applicant is a staff member of a faculty or centre reporting through a faculty, and in all other cases, the appropriate Divisional Director, for review of the decision. The supervisor shall provide reason(s) to support the decision to decline the staff member's application. The staff member shall be informed of the supervisor's decision and the reason(s) for it and invited to make a response to the Dean or appropriate Divisional Director as the case may be, prior to a final decision being made.

46. Leave for Religious Purposes

A staff member shall be entitled to leave without pay of up to three working days in any calendar year for the purpose of observance of religious occasions provided that satisfactory evidence, such as a statutory declaration, is submitted to the staff member's supervisor in support of a claim for such leave.

47. Ceremonial Leave

47.1 Staff members who identify as, and are accepted as members of the Aboriginal or Torres Strait Islander community shall be entitled to up to a maximum of 5 days of paid leave per calendar year plus an additional period of up to a maximum of 10 days leave without pay per calendar year for the purpose of preparing for, or attending to, community organisation business, National Aboriginal and Islander Observation Committee week functions or other relevant cultural duties and events and/or fulfilling ceremonial obligations.

47.2 Such cultural duties and ceremonial obligations may be traditional or urban in nature and may include initiation, birthing and naming, funeral, smoking or cleansing and sacred site or land ceremonies.

47.3 Under normal circumstances the staff member must provide at least 2 weeks notice in writing (usually by furnishing an 'application for leave' form) of the staff member's intention to take leave pursuant to this clause.

47.4 A staff member may elect to use annual leave in lieu of any unpaid leave granted in accordance with this provision.

48. Jury Service

48.1 A staff member who is required to attend a court for the purpose of jury service shall be entitled to leave on full pay for the duration of such attendance.

48.2 Where a staff member who is on long service leave or annual leave is required to attend a court for the purpose of jury service, the staff member shall be placed on leave as per sub-clause 48.1 and no deduction shall be made from the staff member's long service or annual leave credits for the day or days of attendance for jury service.

48.3 Any fees paid to a staff member by reason of jury service shall not be deducted from the staff member's salary.

49. Defence Reserve Forces Leave

49.1 A staff member who is a member of the Defence Reserve Forces shall be entitled to:

49.1.1 Leave on full pay for the purpose of attending an annual training camp of fourteen calendar days duration or, where the commanding officer of the relevant service unit certifies that such training exceeds fourteen days, of up to eighteen calendar days duration;

49.1.2 Leave with pay for a period not exceeding fourteen calendar days for the purpose of attending in any one calendar year not more than two schools, classes or courses of instruction conducted by or on behalf of the Defence Reserve Forces, provided that the amount paid shall be the amount the staff member would have received had the staff member remained on duty less any pay received by the staff member, including marriage and separation allowances, by reason of attendance at any such school, class or course.

50. Firefighting and Emergency Assistance Leave

50.1 A staff member who is a member of any voluntary organisation called upon by the government or a competent authority under the State Disaster Plan to assist in firefighting or other forms of emergency assistance (including auxiliary operations) shall be entitled to leave on full pay for the duration of the participation by the staff member in operations, provided that the services of the staff member are actually required by the voluntary organisation or other recognised authority concerned.

50.2 A staff member who responds to an appeal for volunteers to meet a declared bushfire or other emergency shall be entitled to leave on full pay for the duration of operations.

50.3 A staff member granted leave in accordance with sub-clause 50.1 and 50.2 shall be entitled to a further one day's leave on the completion of the service for the purpose of recovering from such participation.

51. Compassionate Leave

51.1 Leave on full pay of up to three working days shall be granted to a staff member on account of:

51.1.1 death or serious illness of a spouse, child, parent, legal guardian, grandparent, brother or sister of the staff member;

51.1.2 death or serious illness of a child, parent, legal guardian, grandparent, brother or sister of the staff member's spouse;

51.1.3 death or serious illness of a relative who has taken the place of a parent, or of a relative residing with the staff member at the time of such illness or death.

51.2 For the purposes of sub-clause 51.1 leave shall only be granted in the case of a serious illness where the staff member furnishes a medical certificate stating the nature and seriousness of the illness.

51.3 For the purposes of sub-clauses 51.1.1 and 51.1.2 hereof a person with whom the staff member has an established de facto relationship shall be regarded as the staff member's spouse. A statutory declaration that there has been at least one year's association shall be considered adequate to support a claim that there is an established de facto relationship.

51.4 Where the period of leave granted as per sub-clause 51.1 is inadequate due to special circumstances, such as a delayed funeral or the necessity of the staff member undertaking extensive travel, the Dean or Divisional Director as the case may be, may grant further paid leave.

52. Court Appearances Leave

52.1 A staff member who is subpoenaed to appear in court as a crown witness or who is subpoenaed to give evidence on matters directly related to his/her employment (which is deemed to include a staff member who is summoned as a witness in proceedings of an industrial relations commission) shall be entitled to leave on full pay for the period of such appearance.

52.2 A staff member who is required to appear in court in a capacity other than as specified in sub-clause 52.1 shall be entitled to leave without pay for the period of such appearance.

53. Blood Donor Leave

A staff member who elects to donate blood shall be granted leave on full pay for the period of leave required for each attendance.

54. Special Leave

54.1 Special Paid Leave

54.1.1 A staff member is entitled to special paid leave in accordance with this sub-clause.

54.1.2 A staff member may apply to access his/her entitlement to special paid leave for the purpose of conducting a case in the proceedings of an industrial relations commission, and/or participating as a competitor or accredited official in the Olympic Games, Commonwealth Games, and/or the Pacific Conference Games (inclusive of any incidental travelling time) subject to the following conditions:

where leave is requested for the purpose of conducting a case in the proceedings of an industrial relations commission, the staff member shall have no entitlement where two or more staff members have already been approved special paid leave for the conduct of a case in the same proceedings; and
where leave is requested for the purpose of participating as a competitor or accredited official in the Olympic Games, Commonwealth Games, and/or the Pacific Conference Games, the staff member shall have no entitlement unless his/her application for leave is submitted not less than fourteen days prior to the proposed commencement of leave together with documentary evidence of selection as a competitor or accreditation as an official. The maximum entitlement shall be four weeks in aggregate in any calendar year.

54.1.3 Approval of any application for special paid leave in excess of the prescribed maximum entitlement under sub-clause 54.1.2 or for a purpose other than those described under sub-clause 54.1.2 shall be at the discretion of the University.

54.1.4 Applications for leave under sub-clause 54.1.2 are required to be submitted to the staff member's supervisor. Academic staff members applying for special paid leave under sub-clause 54.1.3 are required to submit their applications to their Dean or the Dean's nominated delegate. The applications of general staff members under sub-clause 50.1.3 are required to be submitted to their Dean or Divisional Director (as appropriate) or to the nominated delegate of the Dean or Divisional Director.

54.1.5 If the staff member's application for special paid leave under sub-clause 54.1.2 is not approved, the staff member may appeal to his/her Dean or Divisional Director as appropriate. Where an application for special paid leave under sub-clause 54.1.3 is not approved, the staff member may appeal to the Divisional Director (Student and Staff Services). Provided that where the Divisional Director (Student and Staff Services) is the staff member's Divisional Director and the staff member's application for special paid leave under sub-clause 54.1.3 is not approved, the staff member may then appeal to the Deputy Vice-Chancellor (Resources).

54.2 Special Unpaid Leave

54.2.1 A staff member is entitled to special unpaid leave in accordance with this sub-clause.

54.2.2 A staff member may apply to access his/her entitlement to special unpaid leave for the purpose of standing for election to federal or state Parliament, preparing a case for hearing by an industrial relations commission, participating as a competitor or accredited official in sporting competitions other than the Olympic Games, the Commonwealth Games, or the Pacific Conference Games (inclusive of any incidental travelling time), and/or accompanying a spouse travelling overseas subject to the following conditions:

where leave is requested for the purpose of standing for election to federal or state Parliament, the period of such leave shall not exceed the period between the date of the close of nominations and the date of the declaration of the poll;
where leave is requested for the purpose of preparing a case for hearing by an industrial relations commission, the staff member shall have no entitlement where two or more staff members have already been approved special unpaid leave for the preparation of the same case for hearing. The maximum entitlement shall be three months in any calendar year;
where leave is requested for the purpose of participating as a competitor or accredited official in a sporting competition other than the Olympic Games, Commonwealth Games, or the Pacific Conference Games, the staff member shall have no entitlement unless his/her application for leave is submitted not less than fourteen days prior to the proposed commencement of leave together with documentary evidence of selection as a competitor or accreditation as an official. The maximum entitlement shall be four weeks in any calendar year;
where leave is requested for the purpose of accompanying a spouse travelling overseas, the staff member shall have no entitlement unless:
1. the spouse is also employed by the University; and
2. the spouse is travelling overseas whilst on long service leave or as part of an Outside Studies Program or staff training or at the direction of the University; and
3. the staff member has been granted such leave on less than two occasions previously; and such leave shall be subject to the University's approval with regard to operational requirements.

54.2.3 A staff member with an existing annual leave or long service leave entitlement may access that entitlement for all or part of any leave without pay granted in accordance with sub-clauses 54.2.2 (a), (b), and (c).

54.2.4 During a period of special unpaid leave, the staff member has no access to University holidays.

54.2.5 Approval of any application for special unpaid leave in excess of the prescribed maximum entitlements under sub-clause 54.2.2 or for a purpose other than those described under sub-clause 54.2.2 is subject to the exhaustion of any existing annual leave and long service leave credits and shall be at the discretion of the University.

54.2.6 Applications for leave under sub-clause 54.2.2 are required to be submitted to the staff member's supervisor. Academic staff members applying for special unpaid leave under sub-clause 54.2.5 for period of six months or less are required to submit their applications to their Dean or the Dean's nominated delegate. The applications of general staff members under sub-clause 54.2.5 for a period of six months or less are required to submit their applications to their Dean or Divisional Director (as appropriate) or to the nominated delegate of the Dean or Divisional Director. All applications for leave over six months are required to be submitted to the Deputy Vice-Chancellor with the endorsement of the Dean or Divisional Director (as appropriate).

54.2.7 If the staff member's application for special unpaid leave under sub-clause 54.2.2 is not approved, the staff member may appeal to his/her Dean or Divisional Director as appropriate. Where an application for special unpaid leave under sub-clause 54.2.5 is not approved by the Dean or Divisional Director (as appropriate) or nominated delegate, the staff member may appeal to the Divisional Director (Student and Staff Services). Provided that where the Divisional Director (Student and Staff Services) is the staff member's Divisional Director and the staff member's application for special unpaid leave under sub-clause 54.2.5 is not approved, the staff member may then appeal to Deputy Vice-Chancellor (Resources).

55. University Holidays

55.1 Staff members will be entitled to observe the following days or days proclaimed as holidays in substitution for those days, without loss of pay:

55.1.1 New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday, Christmas Day and Boxing Day, or such other days, as the Vice-Chancellor shall declare.

55.2 Where a public holiday recognised by the University occurs on a rostered day off of a rostered staff member and such a staff member does not work on that rostered day off, the staff member will be entitled to an additional days leave (or at the option of the University, payment at the rate for the day) in lieu of such holiday, such leave to be taken at a time mutually convenient to the staff member and the University

56. Christmas/New Year Close Down Arrangements

56.1 Labour Day, Queen's Birthday, and Melbourne Cup Day are all normal working days for all staff across all campuses of the University. Holiday penalty payments will not apply for time worked on those days. In exchange, the University will grant five non-cumulative University holidays which will be taken on the days falling between Christmas Day and New Year's Day, excluding any Saturday or Sunday or public holiday.

56.2 The shortfall of such days available between Christmas Day and New Year's Day, will be granted by the University prior to the next closedown period.

56.3 When a staff member leaves the employ of the University at any campus prior to the commencement of the closedown period, then he/she will receive payment in lieu of working Labour Day, Queen's Birthday and Melbourne Cup Day, at the rate of one and a third day's pay for each of those days worked.

56.4 Each year, existing general staff employed subject to the conditions of the former PACCT Award at the Gippsland campus as at 7 February 1996, will be granted by the University an additional half day of special leave prior to each closedown period. The additional half day of special leave will be non-cumulative from year to year and will not be subject to any pay-in-lieu arrangement upon termination. Gippsland based staff who take annual leave on Labour Day will not be granted the half-day of special leave as stipulated in sub-clause 56.7 of this Agreement. The University indicates that it may seek a review of the provision of the half day special leave in a future round of enterprise bargaining in the context of its objective of uniform leave conditions across the University.

56.5 All references to Melbourne Show Day as a holiday in any award or agreement applying to University staff will be rendered nugatory and void.

56.6 Applications for annual leave on Queen's Birthday by any staff member will ordinarily be approved.

56.7 Recognising that Gippsland Campus general staff may previously have had access to the Labour Day public holiday, the University agrees that an application for annual leave from a Gippsland based general staff member for the day nominated as Labour Day will ordinarily be approved. Gippsland based staff who take annual leave on Labour Day will not be granted the half-day of special leave as outlined in sub-clause 56.4 above.

57. Leave to Count As Service

57.1 The following shall count as service in determining the entitlement of a staff member to leave and for all other purposes:

57.1.1 Any period of paid leave with long service leave taken on half pay counting as normal service;

57.1.2 Any continuous period of sick leave without pay not exceeding twenty working days;

57.1.3 Any period of sick leave without pay not exceeding, in the aggregate, twenty working days in any year of service;

57.1.4 Any period of parental leave as per clauses 38, 39 and 40 not exceeding 26 weeks;

57.1.5 Any period of leave without pay for the purpose of contesting elections to Federal or State Parliament;

57.1.6 Any period of arbitration leave without pay;

57.1.7 Any other period of unpaid leave, whether continuous or aggregate, not exceeding twenty working days in any year of service;

57.1.8 Time worked on Workcover rehabilitation with the University after the expiration of make-up leave.

57.2 For the purpose of determining a staff member's entitlement to long service leave where the staff members' service is not continuous, the aggregate period of service including service recognised from previous employers shall count as service.