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.
7 Day Continuous Shift Worker
175 hours (5 weeks) of annual leave per calendar year of continuous service (and pro rata for incomplete years).
No entitlement: loading included in hourly rate in lieu of (among other things) annual leave.
Taking Annual Leave
27.2 Subject to sub-clause 27.4, Staff are required to take a minimum of 4 weeks annual leave (or the full amount of leave credited to the Staff Member if less than 4 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 sub-clause 27.2, a Staff Member may apply to their Supervisor to defer taking leave to enable accrual to a maximum of 10 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 the absence of an agreement under sub-clause 27.4 the University may, with 3 months written notice, direct a Staff Member to take annual leave if they have an accumulation of 7 weeks or more annual leave.
27.6 A direction or directions made under sub-clause 27.5 will not require a Staff Member to reduce their leave balance below 140 hours / 4 weeks annual leave. The Staff Member may consent to taking leave that reduces their leave balance below 140 hours.
27.7 Where the Staff Member is directed to take annual leave under sub-clause 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
27.8 The University may, at its absolute discretion, agree to a request by a Staff Member to cash-out an amount of annual leave. A request for cashing out of annual leave will only be considered where the Staff Member agrees to take a minimum of 70 hours / 2 weeks of annual leave within 6 months of the date from which an arrangement is agreed by the University
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 4 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 sub-clause 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, in accordance with the Personal Leave policy and on production of supporting documentation, 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 Members on the first payday in December each year. The payment will be the lesser of 17.5% of 4 weeks of the Staff Member’s Base Salary or 17.5% of 4 weeks of the salary for HEW Level 10, Step 4 in Schedule 1 of this Agreement.