4.1 Leave

4.1 Leave

Note: This agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement.

Undertakings - Macquarie University Academic Staff Enterprise Agreement 2014

Macquarie University (University) undertakes, while the Agreement is in operation, the following:

1. Clause 2.5.11 - Deduction of Union Dues

The University undertakes to require that a Staff Member provide a written authorisation for the deduction of union dues and levies from salary under clause 2.5.11.

2. Clause 3.3.1 - Backpayments

The University undertakes to make a payment of backpay of the 3% salary increase from 20 March 2014 to current Staff Members employed as at the commencement of the Agreement in the first payrun following the commencement of the Agreement.

3. Clause 3.6.60 - Redundancy Payments Below NES Scale in some circumstances

Where clause 3.6.60 provides for a severance payment which is lower than the NES requires in any particular circumstances, the University will pay the severance payment required by the NES in satisfaction of the Staff Members entitlement to a severance payment under both the NES and clause 3.6.60.

4. Clause 4.1.10 - Cashing Out of Annual Leave

Without affecting clause 4.1.11, the University undertakes that it will never agree to the cashing out of annual leave under clauses 4.1.10 to 4.1.12 of the Agreement if the cashing out would result in the Staff Member's remaining accrued entitlement to paid annual leave being less than 4 weeks.

The University undertakes it will not agree to the cashing out of annual leave under clauses 4.1.10 to 4.1.12 of the Agreement unless the cashing out of the particular amount of paid annual leave is by a separate agreement in writing between the University and the Staff Member.

5. Clause 4.1.14 - Payment in lieu of annual leave

The University will pay an employee their untaken paid annual leave on termination of employment as required by section 90(2) of the Fair Work Act 2009, as amended or replaced.

6. Clause 4.1.25(c)(ii) - Compassionate or bereavement leave

The University undertakes to extend to bereavement leave under clause 4.1.25(c)(ii) to the sibling of a Staff Member's defacto partner (including same sex defacto partners).The University undertakes that it will not deduct leave taken under clause 4.1.25(c)(ii) from personal leave accrued under the NES.

7. Clause 4.1.60(a) - Return from parental leave

The University undertakes not to apply clause 4.1.60(a).

8. Clause 4.12.8 - Suspension without pay

The Vice Chancellor will only exercise the power to suspend without pay in the case of possible Serious Misconduct and the University will - if no Serious Misconduct is found - pay the Staff Member their salary foregone during the period of unpaid suspension.

9. Clause 6.2.6 - Payment of Long Service Leave on Voluntary Redundancy 

The University undertakes to pay an employee their long service leave entitlement payable under the Long Service Leave Act 1955, as amended or replaced, where that payment exceeds the amount payable under the Agreement.  Such a payment is paid in satisfaction of the Staff Members entitlement to a long service leave including under the Agreement and the Long Service Leave Act 1955

For the avoidance of doubt, all reference to provisions of legislation in these undertakings is a reference to those provisions as amended or replaced.

A copy of the Undertaking agreement can be found here.

4.1.1 The following sub clauses set out the basic entitlements for Staff in each of the leave categories. A Staff Member employed on a part-time or part-year basis is entitled to a proportional amount of the full-time leave available under the relevant sub clauses of this Agreement, in line with her/his appointment. Except where otherwise specified, a casual Staff Member receives a loading in lieu of paid leave entitlements.

4.1.2 Leave should normally be applied for, and approved by the Supervisor, prior to being taken. Detailed provisions for the granting and taking of leave, and the arrangements for payment while on leave, will be in accordance with the relevant leave policies in place from time to time.

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