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Trades & Services Staff - Catering & Retail, Cleaning & Caretaking, & Miscellaneous Services Staff) 2000Contact
  

Enterprise Bargaining Agreement
(Trades & Services Staff - Catering & Retail, Cleaning & Caretaking, & Miscellaneous Services Staff) 2000

Part 2 - Conditions applying in common to all trades and services staff

Section 5 - Leave of Absence and Holidays

  1. Accident Compensation Leave and Make-up Pay
  2. Annual Leave and Annual Leave Loading
  3. Blood Donor Leave
  4. Ceremonial Leave
  5. Compassionate Leave
  6. Court Appearances Leave
  7. Defence Reserve Forces Leave
  8. Fire Fighting and Emergency Assistance Leave
  9. Holidays and Christmas/New Year Closedown Arrangements
  10. Jury Service Leave
  11. Long Service Leave
  12. Occupational Welfare Leave
  13. Parental Leave - Adoption Leave
  14. Parental Leave - Domestic Partner Birth Leave
  15. Parental Leave - Maternity Leave
  16. Religious Observance Leave
  17. Sick Leave
  18. Special Family Leave
  19. Special Leave
  20. Voluntary Reduced Working Year

41. ACCIDENT COMPENSATION LEAVE AND MAKE-UP PAY

41.1 Entitlement to Leave

41.1.1 A staff member who suffers injury causing total incapacity for work and who receives compensation in respect of such total incapacity pursuant to the Workers Compensation Act 1958 and the Accident Compensation Act 1985, or either of them shall be granted leave by the University at a rate of pay equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury excluding any payment for overtime or travelling allowance or incidental expenses or any payment of a temporary character in the nature of a reimbursement of expenditure incurred and the amount of weekly compensation received by the staff member.

41.1.2 A staff member who suffers injury causing partial incapacity for work and who receives compensation in respect of such partial incapacity pursuant to the Workers Compensation Act 1958 and the Accident Compensation Act 1985, or either of them shall be paid make-up pay by the University equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury excluding any payment for overtime or travelling allowance or incidental expenses or any payment of a temporary character in the nature of a reimbursement of expenditure incurred and the sum of the amount of weekly compensation received by the staff member and the weekly amount the staff member is earning in the employment in which the staff member is employed by reason of such partial incapacity.

41.1.3 A staff member who is partly incapacitated and who cannot obtain suitable employment with the University but who has obtained suitable employment with another employer shall continue to be paid make-up pay by the University at the rate prescribed in clause 41.1.2 above provided that the staff member furnishes to the University evidence to the satisfaction of the University of the rate of weekly compensation and the rate of actual earnings the staff member is receiving from the other employer, provided that the provisions of this sub-clause shall cease to operate upon the expiry of the staff member's existing fixed-term contract (where applicable).

41.2 Period Of Leave and Make-Up Pay

41.2.1 Leave granted pursuant to clause 41.1.1 shall not exceed a continuous period of 52 weeks or an aggregate period of 52 weeks in respect of any one injury.

41.2.2 The period for which make-up pay shall be payable pursuant to clause 41.1.2 or clause 41.1.3 shall not exceed a continuous period of 52 weeks or an aggregate period of 52 weeks in respect of any one injury.

41.2.3 Where a staff member attempts a graduated return to work, that fraction of the week that the staff member is performing duties will not be counted in the aggregate period of incapacitation leave provided for in clause 41.1.1.

41.3 Repayment of Make-Up Pay if Damages Received

41.3.1 A staff member receiving or who has received make-up pay shall advise the University in writing of any civil claim for damages instituted by the staff member in connection with the injury to which such make-up pay relates and shall if required by the University authorise the University to obtain from the solicitors of the staff member such information as is reasonably required by the University as to the progress of such claim.

41.3.2 Where a staff member who has received make-up pay recovers damages against the University pursuant either to a judgement or settlement in respect of the injury for which the staff member has received make-up pay the staff member shall repay to the University such make-up pay as the staff member has received from the University provided that the damages so recovered include damages for loss of income for which such make-up pay has been paid.

41.3.3 Where a staff member who has received make-up pay recovers damages against a person other than the University pursuant either to a judgement or settlement in respect of the injury for which the staff member has received make-up pay the staff member shall repay to the University such make-up pay as the staff member has received from the University provided that the damages so recovered include damages for loss of income for which such make-up pay has been paid.

41.3.4 Where a staff member who has received make-up pay recovers damages against either the University or a person other than the University pursuant to a judgement in respect of an injury for which the staff member has received make-up pay and where pursuant to such judgement the amount of damages recovered has been reduced for the contributory negligence of the staff member, the staff member shall repay to the University such amount of make-up pay as the staff member has received from the University as is pro rata to the damages recovered having regard to such contributory negligence.

41.4 Use of Sick Leave for Incapacitated Staff Members

41.4.1 A staff member who is an applicant for leave pursuant to clause 41.1 above may upon application be granted sick leave to cover such absence but not exceeding paid sick leave standing to the credit of the staff member provided however that no staff member shall be concurrently entitled to sick leave and leave pursuant to clause 41.1

41.4.2 Sick leave granted pursuant to clause 41.4.1 above shall be at a weekly rate not exceeding the sum of the following:

  • the weekly value of the workers' compensation payment to which the staff member may become entitled;
  • the weekly payment for which the staff member will be eligible if granted leave pursuant to clause 41.1 above.

41.4.3 If a staff member is granted sick leave as provided in clause 41.4.1 and is subsequently granted leave for the same period or part thereof pursuant to clause 41.1 on account of the same injury there shall be restored to the credit of the staff member sick leave equal to the value of the sick leave taken pursuant to this sub-clause.

41.5 Employment Upon Return to Duty

41.5.1 A staff member having been totally incapacitated shall be entitled upon returning to full duty at the University to occupy a position equivalent to that occupied by the staff member immediately prior to the granting of leave pursuant to clause 41.1.

41.5.2 A staff member having been partly incapacitated shall be entitled upon returning to full duty at the University to occupy a position equivalent to that occupied by the staff member immediately prior to the occurrence of the injury which led to the partial incapacity.

41.6 Termination of Service

The University shall not terminate the employment of a staff member who has been granted leave pursuant to this clause prior to the expiry of such leave or in the case of an employee receiving make-up pay for partial incapacity prior to the expiry of the period for which such payment is payable pursuant to clause 41.1.1 except where such termination is due to serious and wilful misconduct on the part of the staff member. This clause does not preclude the commencement of redeployment or voluntary separation proceedings.

42. ANNUAL LEAVE AND ANNUAL LEAVE LOADING

42.1 Annual Leave Entitlement

Except where otherwise provided, a full-time staff member shall be entitled to annual leave on full pay at the rate of twenty working days (152 hours) for each completed year of service from the date of appointment, subject to clause 42.10 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.

42.2 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:

  • 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
  • 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.

42.3 Holidays Falling During Annual Leave

Where a 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.

42.4 Illness During Annual Leave

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.

42.5 Time of Taking Annual Leave

42.5.1 The time of taking annual leave shall be by mutual agreement between the staff member and his/her supervisor provided that:

  • the staff member shall be entitled to take his/her full accrued entitlement as a single continuous period unless otherwise provided in this Agreement; and
  • 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.

42.5.2 If the staff member and his/her supervisor are unable to agree upon the time of taking leave, the staff member may appeal to his/her Divisional Director or Dean as appropriate for final resolution. If the Divisional Director or Dean is the staff member's supervisor, the staff member may then 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).

42.6 Minimum Periods of Annual Leave

Periods of annual leave will be for periods of no less than 5 working days except where annual leave is taken as special family leave under clause 58. Provided that staff may take annual leave in single days other than under clause 58 where they apply for such annual leave at least seven days in advance and such annual leave is taken in single days on no more than three occasions during any year of service.

42.7 Payment in Lieu of Annual Leave on Termination of Employment

Subject to clause 42.10, 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.

42.8 Annual Leave Loading

42.8.1 All staff members subject to this Agreement shall be entitled on the pay day preceding the date of leave accrual (15 December) to an annual leave loading equal to 17.5 per cent of the staff member's ordinary time earnings for the period of leave accrued, with a maximum payment equal to the Australian Statistician's average weekly total earnings of all males (Australia) for the September quarter preceding the date of accrual. Provided that:

  • staff members whose employment commences after 15 December in any accrual year will be entitled on the pay day preceding the date of accrual to a pro rata bonus payment for the number of completed months of continuous service in that accrual year, provided that the maximum payment is in the proportion that such number of months bears to twelve months; and
  • staff members whose employment is terminated prior to 15 December in any accrual year will be entitled to a pro rata bonus payment for the number of completed months of continuous service in that accrual year, provided that the maximum payment is in the proportion that such number of months bears to twelve months and is based on average weekly total earnings for the September quarter of the preceding year.

42.8.2 All staff shall receive a payment for their annual leave loading in the pay period in which 15 December occurs, unless the staff member's employment ceases prior to this date, in which case, payment shall be made on a pro-rata basis, at the time of cessation of employment.

42.9 Voluntary Scheme for the Exchange of Annual Leave Loading for Additional Leave

42.9.1 Participation in the following scheme is voluntary. Entry into and exit from the scheme is open in January of each year.

42.9.2 Staff participating in this scheme will receive three and a half (3.5) days' leave in addition to annual leave. These three and a half additional days of leave will be taken in accordance with normal University leave processes, but are non-cumulative and must be taken prior to 31 December in any given year.

42.9.3 The additional three and a half (3.5) days of leave granted pursuant to this sub-clause will not attract penalty rates if staff work on any one of the additional days of leave granted.

42.9.4 In return for the granting of these additional three and a half (3.5) days' leave, the staff member shall forfeit his/her entitlement to the payment of annual leave loading in the year in which the leave is taken. From the date of certification, any enactment, award or agreement giving a staff member participating in this scheme an entitlement to annual leave loading shall cease to have effect, and annual leave loading shall cease to be paid to a staff member participating in this scheme.

42.10 Annual Leave Management

42.10.1 A staff member's maximum entitlement to annual leave shall be limited to 30 working days, subject to clauses 42.10.2 and 42.10.3. 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 clauses 42.10.2 and 42.10.3 be limited to the following:

  • 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
  • 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.

42.10.2 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.

42.10.3 Subject to the notification in clause 42.10.2 above and the direction of the University in clause 42.10.2 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).

42.10.4 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 clause 42.10.3 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 except where:

  • pursuant to clause 42.10.2 above either a proposal for reducing the staff member's leave balance has been accepted or the staff member is to take leave at the direction of the University; and
  • the date accepted or directed for the reduction of the staff member's leave balance precedes the date of the staff member's termination of employment.

42.10.5 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.

43. 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

44. CEREMONIAL LEAVE

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.

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.

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.

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

45. COMPASSIONATE LEAVE

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

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

45.2 For the purposes of clause 45.1 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.

45.3 For the purposes of clause 45.1 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. De facto spouse shall have the same meaning as provided in clause 58 of this Agreement.

45.4 Where the period of leave granted as per clause 45.1 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.

46. COURT APPEARANCES LEAVE

46.1 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 or 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.

46.2 A staff member who is required to appear in court in a capacity other than as specified in clause 46.1 shall be entitled to leave without pay for the period of such appearance.

47. DEFENCE RESERVE FORCES LEAVE

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

  • 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; and
  • 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.

48. FIRE FIGHTING AND EMERGENCY ASSISTANCE LEAVE

48.1 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.

48.2 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.

48.3 A staff member granted leave in accordance with clause 48.1 or 48.2 shall be entitled to a further one day's leave on the completion of the service for the purpose of recovering from such participation.

49. HOLIDAYS AND CHRISTMAS/NEW YEAR CLOSEDOWN ARRANGEMENTS

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

  • New Year's Day
  • Australia Day
  • Anzac Day
  • Good Friday
  • Easter Saturday
  • Easter Monday
  • Easter Tuesday
  • Christmas Day
  • Boxing Day
  • such other day(s) as the Vice-Chancellor shall declare.

Labour Day, Queen's Birthday, and Melbourne Cup Day are all normal working days and are not holidays for staff covered by this Agreement (including casual staff) and all references to Melbourne Show Day as a holiday in any award or agreement applying to University staff are rendered nugatory and void.

Provided that when:

  • Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December;
  • Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December; and
  • New Year's Day is a Saturday or Sunday, a holiday in lieu shall be observed on the next Monday.

49.2 Where 26 January and/or 25 April falls on a Saturday or Sunday and the University's academic and general staff are granted substitute days off for the Australia Day and/or Anzac Day holidays by the University, trades and services staff shall be entitled to the same substitute days off for the Australia Day and Anzac Day holidays and a penalty rate of double time and a half of ordinary time shall be paid for any and all work performed on those substitute days off. Provided that if no substitution is made then the Australia Day and Anzac Day holidays will be observed on 26 January and 25 April respectively and holiday penalty rates shall apply to all time worked on those dates.

49.3 Where Anzac Day falls on Good Friday, Easter Saturday, Easter Monday or Easter Tuesday, a holiday will be recognised for Anzac Day only and no substitution will be made for the Good Friday, Easter Saturday, Easter Monday or Easter Tuesday. Provided that if the University's academic and general staff are granted a substitute day off for the Good Friday, Easter Saturday, Easter Monday or Easter Tuesday, trades and services staff shall be entitled to the same substitute day off and a penalty rate of double time and a half of ordinary time shall be paid for any and all work performed on that substitute day off.

49.4 Where a 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 day's 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.

49.5 Subject to clause 49.7 below, holiday penalty payments of double time and a half of ordinary time will not apply for time worked on Labour Day, Queen's Birthday, or Melbourne Cup Day which are all normal working days. In exchange, the University will pay staff (other than casual staff, seasonal Monash Unicomm catering staff, and seasonal Monash Unicomm retail services staff) for all work performed on any of those days at the rate of time and a half of ordinary time and grant them one and one-third non-cumulative University holidays to be taken on the days falling between Christmas Day and New Year's Day (excluding any Saturday, Sunday or public holiday) for each of those days worked. 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.

Provided that when a staff member (other than a casual staff member, a seasonal Monash Unicomm catering staff member, or a seasonal Monash Unicomm retail services 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/or Melbourne Cup Day at the rate of one day's pay for each of those days worked.

For the purposes of this clause, "days worked" shall include absences on leave counting as service.

49.6 Trades and services staff may be required to take an accrued RDO or a day's annual leave or leave without pay on a day falling between Christmas Day and New Year's Day (other than any Saturday, Sunday, public holiday, or non-cumulative University holiday) or on a day immediately before or immediately after the annual Christmas/New Year closedown period to ensure that they resume duty on the same date as their supervisors, where those supervisors are not trades and services staff.

49.7 Notwithstanding the provisions of clause 49.5 above, seasonal Monash Unicomm catering staff and seasonal Monash Unicomm retail services staff shall be paid at the rate of double time and a half of ordinary time for any work performed on Labour Day, Queen's Birthday and/or Melbourne Cup Day in lieu of any annual Christmas/New Year closedown entitlements. However, Labour Day, Queen's Birthday, and Melbourne Cup Day shall otherwise all remain normal working days for such staff.

49.8 Applications for annual leave on Queen's Birthday by any staff member (excluding casual staff) will ordinarily be approved.

50. JURY SERVICE LEAVE

50.1 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.

50.2 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 clause 50.1 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.

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

51. LONG SERVICE LEAVE

51.1 Long Service Leave Entitlement

A staff member shall be entitled to take accrued long service leave after seven years' continuous service including recognised prior service, being 9.1 weeks (345.8 hours). Thereafter accrual of long service leave entitlement shall be recorded on a monthly basis at the rate of 1.3 weeks (49.4 hours) for every additional year of recognised service and shall be accessible at any time.

51.2 Service Excluded for the Accrual of Long Service Leave

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

  • 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;
  • 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 seven years be served before long service leave may be taken.

51.3 Recognition of Prior Service

51.3.1 Service credits for long service leave are transferable from the following:

  • Colleges of advanced education of any other Australian state or territory;
  • Australian universities;
  • Australian technical and further education colleges and any state or federal departments of education;
  • 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;
  • 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;
  • 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;
  • 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.
  • other employers by negotiation between the staff member and the University at the time of the staff member's appointment;
  • the Commonwealth Scientific and Industrial Research Organisation;
  • MONTECH and other Monash University companies;
  • Australian inter-university bodies (e.g. AV-CC); and
  • TAFE Board.

51.3.2 A staff member shall be entitled to have service with previous employers of the staff member as listed in clause 51.3.1 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 clause 51.3.1 above does not exceed twelve months.

51.3.3 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.

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

51.3.5 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.

51.4 Taking Long Service Leave

51.4.1 Upon application by a staff member, the Dean or head of the administrative unit as applicable may approve the taking by the staff member of:

  • double the period of long service leave entitlement on half pay; or
  • the period of long service leave on full pay; or
  • until the nominal expiry date of this Agreement, 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 (741 hours) or more.

51.4.2 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 (76 hours), regardless of the level of leave accrued.

51.4.3 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 or head of the administrative unit (as applicable) 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.

51.5 Illness During Long Service Leave

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.

51.6 Holidays Falling During Long Service Leave

Where a 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.

51.7 Variation of Fraction of Full-time and Payment of Long Service Leave

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

  • ordinary time earnings with leave entitlements adjusted pro rata for any variations in fraction during the accrual period; or
  • ordinary time earnings adjusted to the average fraction over the accrual period as at the date of commencement of leave.

51.8 Payment in Lieu of Long Service Leave on Termination of Employment

51.8.1 A staff member, or where applicable his or 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 the staff member's employment at the University terminates:

  • after seven years or more service, including recognised service with another employer;
  • after four years service at the University because the staff member retires on the grounds of age or ill-health or the staff member dies.

51.8.2 Where payment is made in lieu of long service leave, the amount of such payment shall be computed on a daily basis equivalent to 1.3 weeks (49.4 hours) per annum.

51.9 Long Service Leave Management

51.9.1 A staff member who has a long service leave balance in excess of 15.6 weeks (592.8 hours) at the end of any calendar year will be formally requested by his/her supervisor to enter into a mutual agreement that will specify when, prior to the end of that calendar year, sufficient leave will be taken to avoid the accumulated leave exceeding 15.6 weeks (592.8 hours).

51.9.2 If the staff member and the supervisor are unable to agree upon the arrangements for the taking of leave then the matter will be referred to the line manager of the supervisor who may direct the taking of the excessive long service leave and the staff member's long service leave record shall be adjusted accordingly. The staff member may appeal the line manager's direction to the Head of the Budgetary Unit or equivalent.

51.9.3 Where a staff member's long service leave balance exceeds 15.6 weeks (592.8 hours) at either 1 February or 1 August in any year, that staff member shall immediately be deemed to be absent from his or her employment on long service leave and his or her long service leave balance will be adjusted accordingly until the balance is reduced to 15.6 weeks (592.8 hours).

51.9.4 The University will not be liable to compensate a staff member who suffers a loss of long service leave accruals as a result of clause 55.9.3. Further the University will not be liable for payment of leave in excess of 15.6 weeks (592.8 hours) in the event of termination of employment of the staff member, except where the termination precedes the agreed date under clause 51.9.1 or the date determined by the line manager or on appeal to the Head of the Budgetary Unit or equivalent under clause 51.9.2.

51.10 Savings Provision

Subject to clause 51.9 above, 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.

52. OCCUPATIONAL WELFARE LEAVE

52.1 Where, in the opinion of the University and/or the staff member:

  • stress, including personal or relationship problems;
  • health concerns;
  • alcohol and/or drug dependency and/or compulsive gambling

is adversely affecting the staff member's work performance, the staff member may, or the University may request, that the staff member make application for leave with pay or without pay to undertake an approved rehabilitation or counselling program.

52.2 In determining whether leave is to be granted, the University may take into account the amount of accrued leave available to the staff member.

52.3 Where leave has been granted, failure to undertake such an approved rehabilitation or counselling program may result in the University seeking recourse to relevant provisions of this Agreement as an alternative remedy to the situation.

53. PARENTAL LEAVE - ADOPTION LEAVE

53.1 A staff member 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:

  • 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 (provided that where a staff member receives payment under this clause, then clause 54 will not apply);
  • Where the child is at the date of adoption twelve months or more than twelve months of age, leave on full pay for a continuous period of six weeks commencing from the date of placement (provided that where a staff member receives payment under this sub-clause, then clause 54 will not apply);
  • Such leave without pay as will bring the aggregate leave to a continuous period not exceeding twelve calendar months.

53.2 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.

53.3 Normal incremental advancement shall continue during adoption leave.

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

  • the staff member may, no less than 6 weeks prior to returning from adoption leave, apply in writing to his or her supervisor to participate in the voluntary reduced working year arrangement as provided by clause 60 of this Agreement; or
  • the staff member may, no less than 6 weeks prior to returning from adoption leave, apply to his or 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.

Where a staff member makes application as above, the application shall normally be approved by the staff member's supervisor.

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 of the Division, 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 of the Division as the case may be, prior to a final decision being made.

54. PARENTAL LEAVE - DOMESTIC PARTNER BIRTH LEAVE

54.1 A staff member who submits a statutory declaration that he/she has accepted responsibility for the ongoing care of a dependant 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 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.

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

54.3 Normal incremental advancement shall continue during domestic partner birth leave.

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

  • the staff member may, no less than 6 weeks prior to returning from domestic partner birth leave, apply in writing to his/her supervisor to participate in the voluntary reduced working year arrangement as provided by clause 60 of this Agreement; or
  • the staff member may, no less than 6 weeks prior to returning from domestic partner birth 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.

Where a staff member makes application as above, the application shall normally be approved by the staff member's supervisor.

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 of the Division, 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 of the Division as the case may be, prior to a final decision being made.

55. PARENTAL LEAVE - MATERNITY LEAVE

55.1 A staff member 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 she will be delivered shall be entitled to:

  • 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.
  • 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.

55.2 A staff member 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 she will be delivered shall be entitled to:

  • 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.
  • 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.

55.3 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.

55.4 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.

55.5 A staff member on maternity leave:

  • may use accrued annual leave and long service leave credits to cover any of the period of leave without pay; and
  • 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.

55.6 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.

55.7 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 clauses 55.1 and 55.2. A request to reduce the period of leave originally specified as provided in clause 55.6 shall be subject to approval by the Head of Department/Administrative Unit.

55.8 A staff member shall confirm her intention to return to work by providing written notice to the Head of Department/Administrative Unit 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 clause 55.11. Upon the expiration of the period of leave and subject to clause 55.13 below, 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.

55.9 Normal incremental advancement shall continue during maternity leave.

55.10 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.

55.11 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:

  • paid leave as per clauses 55.1 or 55.2 hereof as the case may be, or where the staff member has commenced such leave, that period of paid leave outstanding; and
  • 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.

55.12 Subject to clause 55.11, 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.

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

  • the staff member may, no less than 6 weeks prior to returning from maternity leave, apply in writing to her supervisor to participate in the voluntary reduced working year arrangement as provided by clause 60 of this Agreement; or
  • the staff member may, no less than 6 weeks prior to returning from maternity leave, apply to 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.

Where a staff member makes application as above, the application shall normally be approved by the staff member's supervisor.

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 of the Division, 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 of the Division as the case may be, prior to a final decision being made.

56. RELIGIOUS OBSERVANCE LEAVE

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.

57. SICK LEAVE

57.1 Except where otherwise provided in this Agreement, a staff member shall be entitled to sick leave on the staff member's ordinary time earnings at the rate of fifteen working days (114 hours) 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:

  • 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 (228 hours) sick leave for the first two years of service;
  • 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.

57.2 Sick leave entitlements are cumulative from year to year.

57.3 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.

57.4 Sick leave credits shall be transferable from institutions listed in clause 51.3 of this Agreement and shall be transferable from other employers approved for the purpose of determining long service leave entitlements as per clause 51, provided that the maximum benefit shall be restricted to thirty days (228 hours).

57.5 Where a 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.

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

57.7 For any day of sick leave which forms part of a period of absence in excess of three consecutive days (including weekends and 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 counseling 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.

57.8 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.


57.9 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 (114 hours) 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 (760 hours).

57.10 Where a period of illness exceeds the staff member's sick leave credited entitlements, the University may approve sick leave in advance, provided the period of advanced leave will be accrued within the period of appointment.

58. SPECIAL FAMILY LEAVE

58.1 Eligibility for Leave

A staff member (except casual staff members but including seasonal 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.

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.

"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.

"Spouse" includes spouse, de facto spouse, former spouse, and former de facto spouse.

"De facto spouse" means a person of the opposite or same sex who lives with the staff member as husband, wife or partner of the staff member on a bona fide domestic basis although not legally married to that person.

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

58.2 Periods of Paid or Unpaid Leave

A staff member is entitled to access sick leave credits to a maximum of five working days (38 hours) in any one calendar year to support a member of the staff member's family who is ill.

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

  • up to a maximum of five days' (38 hours') 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.

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

58.3 Supporting Evidence

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.

59. SPECIAL LEAVE

59.1 Special Paid Leave

59.1.1 A staff member is entitled to special paid leave in accordance with clause 59.1.

59.1.2 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 maximum entitlement shall be four weeks in aggregate in any calendar year and the staff member shall have no entitlement unless his or 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.

59.1.3 Approval of any application for special paid leave in excess of the prescribed maximum entitlement for the purpose of participating as a competitor or accredited official in the Olympic Games, Commonwealth Games, and/or the Pacific Conference Games under clause 59.1.2 or for a purpose other than those described under clause 59.1.2 shall be at the discretion of the University.

59.1.4 Applications for leave under clause 59.1.2 are required to be submitted to the staff member's supervisor. Applications under clause 59.1.3 are required to be submitted to the staff member's Dean or Divisional Director (as appropriate) or to the nominated delegate of the Dean or Divisional Director.

59.1.5 If the staff member's application for special paid leave under clause 59.1.2 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 clause 59.1.3 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 clause 59.1.3 is not approved, the staff member may then appeal to the Deputy Vice-Chancellor (Resources).

59.2 Special Unpaid Leave

59.2.1 A staff member is entitled to special unpaid leave in accordance with clause 59.2.

59.2.2 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 maximum entitlement shall be three months in any calendar year and 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;
  • 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 maximum entitlement shall be four weeks in any calendar year and the staff member shall have no entitlement unless his or 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;
  • 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.

59.2.3 A staff member with an existing annual leave or long service leave entitlement may access that entitlement for all or part of any special unpaid leave granted in accordance with clause 59.2.2 for the purpose of standing for election to federal or state Parliament, preparing a case for hearing by an industrial relations commission, and/or 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).

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

59.2.5 Approval of any application for special unpaid leave in excess of the prescribed maximum entitlements under clause 59.2.2 or for a purpose other than those described under clause 59.2.2 is subject to the exhaustion of any existing annual leave and long service leave credits and shall be at the discretion of the University.

59.2.6 Applications for leave under clause 59.2.2 are required to be submitted to the staff member's supervisor. Applications under clause 59.2.5 for a period of six months or less are required to be submitted to the staff member's 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).

59.2.7 If the staff member's application for special unpaid leave under clause 59.2.2 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 clause 59.2.5 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 clause 59.2.5 is not approved, the staff member may then appeal to Deputy Vice-Chancellor (Resources).

60. VOLUNTARY REDUCED WORKING YEAR

60.1 The voluntary reduced working year scheme is intended to provide flexibility in employment for staff members with family responsibilities and for staff who wish to extend their leave options for personal reasons. The scheme is to be available to all staff members, except casual staff.

60.2 The reduced working year scheme is to be a voluntary scheme and staff may apply through their Head of Administrative Unit, to the Divisional Director (Student and Staff Services) for approval. Approval will be balanced against operational requirements of the work unit. The University reserves the right to decline any application.

60.3 A staff member may apply to reduce his/her current working year by multiples of two weeks to a maximum of eight weeks in order to correspondingly increase access to additional leave. The staff member's salary will be reduced by a proportionate amount. Staff members working in accordance with this arrangement will receive their reduced annual salary across the 52-week period and will have access to the additional weeks of paid leave per annum accrued over the same period. This additional leave will not attract annual leave loading.

60.4 Staff participation in the scheme is voluntary. No staff members currently employed on a full-time basis shall be required to work according to a reduced working year scheme, or be transferred to another position to enable the reduced working year scheme to be implemented without his/her agreement.

60.5 All annual leave accrued and leave arising through the operation of this clause during the twelve (12) month period for which approval to participate in the scheme has been given, must be taken during that 12 month period. The provisions of clause 42.10 shall not apply to this accrued leave.

60.6 Leave accrued by a staff member prior to converting to the scheme will be balanced as at the date immediately prior to conversion and will be available to the staff member at the rate at which it accrued. All leave entitlements which accrue during the term of a staff member's participation in the scheme are paid at the reduced rate, except for periods of long service leave taken during the period of participation in the scheme, which will be paid at the staff member's average fraction of employment over the leave accrual period.

60.7 A staff member shall be entitled to take leave accrued under this scheme at a time determined by the staff member provided at least three months' written notice is given to the staff member's supervisor prior to the taking of such leave. In the absence of such written notice, the staff member shall apply to take leave and such application shall be approved on the basis of the operating requirements of the work unit.

60.8 The term of the reduced scheme will be subject to negotiation between the staff member and the University. Variation of the agreed term (i.e. to lessen or lengthen the term) may be initiated by either party, subject to three months' notice. However, in exceptional circumstances (e.g. demonstrated financial hardship) and with the agreement of the University a staff member may be allowed to return to full-time employment by giving four weeks' notice in writing.

60.9 A staff member with an excess leave balance as defined in clause 42 in relation to annual leave and clause 51 in relation to long service leave, will not be permitted to enter into or remain a participant in the scheme.

60.10 A staff member may elect to continue to contribute superannuation payments at the full-time amount or to reduce payments to reflect the reduction in annual salary, whilst participating in the scheme. The contributions payable by the University shall similarly reflect the full-time or other basis at which the staff member elects to pay as the case may be, subject to the provisions of the relevant superannuation scheme.