27. ANNUAL LEAVE
Eligibility and Entitlement
140 hours (4 weeks) of annual leave per calendar year of continuous service (and pro rata for incomplete years).
On a proportionate basis of the full-time entitlement
No entitlement: loading included in hourly rate in lieu of (among other things) annual leave
Taking Annual Leave
27.2 Subject to subclause 27.4, Staff are required to take a minimum of four weeks annual leave (or the full amount of leave credited to the Staff Member if less than four weeks) during the calendar year.
27.3 The University will ensure that Staff have the opportunity to take annual leave in an unbroken period at a mutually convenient time.
27.4 Notwithstanding subclause 27.2, a Staff Member may apply to their Head of Department or nominee to defer taking leave to enable accrual to a maximum of eight weeks. In making application to defer leave the Staff Member will identify dates by which the leave will be taken. The University will not unreasonably refuse to agree to such an application.
Excess Accumulated Leave
27.5 In any calendar year the University may, with 3 months written notice, direct a Staff Member to take up to 350 hours / 10 weeks annual leave.
27.6 A direction or directions made under subclause 27.5 will not require a Staff Member to reduce their leave balance below 70 hours / 2 weeks annual leave.The Staff Member may consent to taking leave that reduces their leave balance below 70 hours.
27.7 Where the Staff Member is directed to take annual leave under subclause 27.5, the University will be entitled to deduct the amount of annual leave that was directed to be taken from the Staff Member's accrued annual leave entitlement.
Cashing Out Annual Leave in Cases of Hardship
27.8 In cases of demonstrated hardship the University may, at its absolute discretion, agree to a request by a Staff Member to cash-out an amount of annual leave.
27.9 The University will not agree to a request for cashing out annual leave that would result in a Staff Member’s remaining accrued entitlement being less than four weeks. A written agreement must state the amount of leave to be cashed out and be signed by the University and the Staff Member.
27.10 A Staff Member who receives a cash-out of annual leave must be paid the full amount that would have been payable had the Staff Member taken the leave that they have foregone.
Annual Leave in Advance
27.11 The University and a Staff Member may agree in writing to the Staff Member taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
27.12 An agreement must state the amount of leave to be taken in advance, the date on which the leave is to commence, and be signed by the University and the Staff Member.
27.13 If, on the termination of the Staff Member’s employment, the Staff Member has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under subclause 27.11, the University may deduct from any money due to the Staff Member on termination an amount equal to the amount that was paid to the Staff Member in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
Re-crediting Annual Leave
27.14 A Staff Member who becomes ill, injured or incapacitated during annual leave, may, on production of supporting documentation in accordance with the Personal Leave policy, take Personal Leave for the period of their illness or incapacity.
Payment in Lieu on Termination
27.15 Payment in lieu will be made for any entitlement to annual leave accrued but not taken on termination. Where termination of employment is due to the Staff Member’s death, such payment will be made to the Staff Member’s estate. Payment will be made at the Staff Member’s base rate of salary.
Continuity of Service
27.16 All paid leave will count as service for the purposes of leave accrual, length of service and incremental progression. When a period (or periods) of leave without pay exceeds, in aggregate, 15 working days in a calendar year for full-time Staff (pro-rata for part-time Staff), the period of absence from duty will not be counted as service for the accrual of annual leave. Entitlements to annual leave loading will be adjusted in the same way.
27.17 Where a Staff Member is granted long service leave or parental leave on half pay, annual leave will accrue at the rate of half during the leave period.
Annual Leave Loading
27.18 An annual leave loading payment will be made to Staff on the first payday in December each year. This payment will be the lesser of 17.5% of 4 weeks of the Staff Member’s base salary or a payment equal to the Australian Bureau of Statistics average weekly total earnings for all males (Australian) for the Bureau’s reporting period preceding the date of accrual.