AP782505CR - Graphics Arts - General - Award 2000
APPENDIX E - LONG SERVICE LEAVE
1. INCIDENCE, PARTIES BOUND AND SUPERSESSION
1.1 This appendix operates in the following areas: -
1.1.1 Within the Shops and Factories District of Brisbane as constituted under the Factories and Shops Act 1900 - 1958.
1.1.2 Within the County of Cumberland and also the Parish of Maitland, the City of Newcastle and A Shire, B Shire and D Shire of the Lake Macquarie Shire within the County of Northumberland;
[Appx E:1.1.3 corrected by S2976 from 01Feb00]
1.1.3 Within a radius of forty kilometres of the Melbourne General Post Office and within a radius of three kilometres of the main post office in the cities of Ballarat, Bendigo, Geelong and Geelong West.
1.1.4 Within the metropolitan area of Adelaide as defined in the Industrial Code 1920 - 1963 of the State of South Australia;
[Appx E:1.1.5 corrected by S2976 from 01Feb00]
1.1.5 Within a radius of twenty four kilometres of the General Post Office, Perth (or within the State of Western Australia); and
[Appx E:1.1.6 corrected by S2976 from 01Feb00]
1.1.6 Within a radius of twenty four kilometres of the General Post Office, Hobart.
1.2 This appendix binds the companies and employees of members of the employer organisations listed in respect of their employees engaged in any of the occupations covered by the Graphic Arts - General - Award 2000.
1.3 This appendix supersedes the Graphic Arts Long Service Leave Award 1977 and the Graphic Arts Industry (Long Service Leave Award) 1996, but all rights obligations and liabilities accrued or incurred under such award or variations will be preserved and will not be affected by such supersession.
2. DEFINITIONS
For the purposes of this appendix the following definitions apply: -
2.1 Transmission of Business has the same meaning as in 4.2.5(b) of the award.
2.2 Related Company has the same meaning as that set out in Sections 46 - 50 of the Corporations Code.
2.3 Service means: -
2.3.1 The period during which an employee has served an employer under an unbroken contract of employment. The contract of employment is deemed not to have been broken by an interruption or determination of the contract if:-
2.3.1(a) the interruption or determination has been made by the employer with the intention of avoiding any obligation imposed on the employer by this appendix or a State law dealing with long service leave; or
2.3.1(b) the interruption or determination has arisen from an industrial dispute and the employee returns to work with the employer in accordance with the terms of the settlement of the dispute; or
2.3.1(c) the interruption or determination has been made by the employer
2.3.1(c)(i) due to slackness of trade and the employee is re-employed by the employer within six months of the interruption or determination; or
2.3.1(c)(ii) the interruption or determination has been made by the employer and the employee is re-employed by the employer within two months of the interruption or determination;
in which case the period of the interruption of employment will not be taken into account in calculating the period of service.
2.3.2 Where an employee enters a contract of employment with an employer within twelve months after the employee has completed an apprenticeship with that employer, the period of the apprenticeship is taken into account for the purpose of calculating service with the employer.
2.3.3 Service with the employer before the commencement of this appendix will count as service with the employer for the purposes of long service leave.
2.3.4 Where over a continuous period, an employee has been employed by two or more companies which are related companies within the meaning of Sections 46-50 of the Corporations Code, the last company which employs the employee is deemed to have employed the employee for the entire period of the employee's service with the related companies. Provided that the employee is not entitled to leave or payment for leave in lieu of leave more than once in respect of any period of service.
3. RIGHT TO LONG SERVICE LEAVE
An employee who has served an employee within the terms of clause 4 is entitled to long service leave on the terms set out in this appendix.
4. AMOUNT OF LEAVE
4.1 The amount of long service leave to which an employee is entitled is:-
4.1.1 Where an employee has completed at least fifteen year service with an employer: -
4.1.1(a) Thirteen weeks for fifteen years completed service; and
4.1.1(b) Eight and two-thirds weeks for each ten years completed since the employee last became entitled to long service leave; and
4.1.1(c) A proportionate amount, payable on termination of the employment or the employee's death, based on thirteen weeks for fifteen years service for the number of years service completed since the employee last became entitled to long service leave.
4.1.2 Where an employee has completed at least ten but less than fifteen years service with an employer, a proportionate amount based on thirteen weeks for fifteen years service payable if: -
4.1.2(a) the employment is terminated by the employer for a reason other than misconduct/ the employee's contract of employment is not terminated because of misconduct; or
4.1.2(b) the employment is terminated by the employee; or
4.1.2(c) the employment is terminated by the death of the employee.
4.1.3 Where an employee began service with an employer before 11 May 1964, and the service would entitle the employee to long service leave under this award, the employee will be entitled to the total of the following amounts:-
4.1.3(a) An amount calculated on the basis of thirteen weeks for twenty years service for
4.1.3(a)(i) the period of service in New South Wales before 1 April, 1963,
4.1.3(a)(ii) the period of service elsewhere before 11 May, 1964; and
4.1.3(b) An amount calculated on the basis of thirteen weeks for fifteen years service for
4.1.3(b)(i) the period of service in New South Wales after 1 April, 1963,
4.1.3(b)(ii) the period of service elsewhere after 11 May, 1964.
5. PAYMENT FOR LEAVE
5.1 Subject to 5.2, during long service leave, the employee is entitled to the actual rate of pay the employee would receive if the employee was performing ordinary hours of work. The rate will not include overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances and any other similar payments. Where the actual rate of pay varies from week to week due to a system of payment by results or other piece work or bonus system, the rate of pay will be the average of the actual rates of pay over a three month period.
5.2 If during the period of leave the award rate of pay is varied and had the employee been at work, the employee's rate of pay would have varied as a result of the variation to the award rate of pay, the rate of pay for the employee on leave will be the changed rate of pay. If the employee had received payment in advance for the whole period of leave, the employer will, on the employee's return to work, adjust the rate of pay accordingly.
5.3 Payment for long service leave may be made: -
5.3.1 In advance for the entire period of leave; or
5.3.2 At the same times and in the same manner as if the employee had remained at work, in which case the employee may request in writing payment by cheque posted to an address specified by the employee; or
5.3.3 In any other way agreed between the employer and the employee.
6. TAKING LEAVE
6.1 When leave is taken
Leave is to be granted to the employee as soon as practicable after the employee becomes entitled to long service leave, having regard to the needs of the employer's establishment and the requirements of 6.3, at such time or times as may be agreed between the employer and the employee.
6.2 Notice to take leave
Except where the employee agrees otherwise, the employer will give an employee at least 28 days notice of the date from which leave is to be taken.
6.3 Method of taking leave
Leave is to be given and taken in one continuous period, or if the employer and the employee agree in not more than three separate periods in respect of the first thirteen weeks entitlement and in not more than two separate periods in respect of any subsequent entitlement.
6.4 Holidays and annual leave
Long service leave is exclusive of annual leave but inclusive of all Public Holidays occurring during the taking of any period of long service leave.
6.5 Restriction on employment while on leave
No employee who is on long service leave may engage in any employment with an employer known by the employee to be bound by this appendix. No employer bound by this appendix may employ any employee during any period when the employee is known by the employer to be on long service leave under this appendix.
7. PAYMENT ON TERMINATION FOR LEAVE NOT TAKEN
7.1 Where the employment of an employee is terminated other than by the employee's death, and either long service leave -
7.1.1 to which the employee was entitled has not been taken, or
7.1.2 occurs to the employee on termination
the employee must immediately pay to the employee the amount of the leave calculated as at the date of the termination less any amount already paid to the employee for that leave.
7.2 Where the employee dies and either long service leave -
7.2.1 to which the employee was entitled has not been taken, or
7.2.2 occurs to the employee because of the employee's death,
the employer must on the request of the employee's personal representative pay the amount due for that leave calculated as at the date of the death of the employee, less any amount already paid to the employee for that leave.
8. GRANTING LEAVE IN ADVANCE
8.1 An employer may agree to grant leave in advance of the right to leave accruing to an employee, but where the employee takes leave in advance, the employee will not become entitled to any further long service leave or payment in lieu of long service leave until the end of the period in which the leave would have accrued.
8.2 Where leave has been given in advance and employment is later terminated, the employer may deduct from whatever remuneration is payable on termination of the employment the amount of payment for the period of leave granted to the employee to which the employee was not entitled at the date of termination of employment.
9. BENEFITS BROUGHT INTO ACCOUNT
Any long service leave allowed or payment made in lieu of long service leave before 9 May 1977, is to be taken into account and deemed to have been leave given and taken under this appendix and in satisfaction of the employee's entitlement under this award.
10. PARTIES BOUND BY THIS APPENDIX
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Printing Industries Association of Australia
Graphic Arts Services Association
Leigh Mardon Pty Ltd
Level 21 Bondi Junction Plaza II
500 Oxford Street, Bondi Junction, NSW, 2022
Pacific Secure Systems Pty Ltd
105 Carnarvon Street
Revesby, NSW, 2144
St Regis Bates Pty Ltd
152 Carrington Street
Revesby, NSW, 2212
Valpak pty Ltd
9-13 Winbourne Road
Brookvale, NSW, 2100
National Paper Vuepak Pty Ltd
101 Port Road
Thebarton, SA, 5031
Containers Packaging/Containers Limited (A division of Amcor Limited)
679 Victoria Road
Abbotsford, Vic, 3067
John Sands Pty Ltd
50 Clayton Road
Clayton, Vic, 3168
Pak Pacific Corporation Pty Ltd
186-206 Douherty Road
Heidelberg West, Vic, 3081
Renown and Pearlite Pty Ltd
83-99 Keys Road
Morabbin, Vic, 3189
Gromark Packaging Pty Ltd
15 Valentine Street
Kewdale, WA, 6105
