AN120012 – Aged Care Industry (Broken Hill) Award
(a) Employees shall be entitled to 13 weeks long service leave on full pay after ten years service; thereafter additional long service leave shall accrue on the basis of 6.5 weeks leave for each consecutive period of 5 years completed service.
(b) Where the services of an employee with at least five years service as an adult are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, the entitlement to be paid shall be a proportionate amount calculated on the basis of 13 weeks for ten years service.
(c) Long Service Leave shall be taken at a time mutually arranged between the employer and the employee, and as far as is practicable, at the earliest time possible after the leave becomes due.
(d) On the termination of employment of an employee, otherwise than by his/her death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination.
(e)
(i) Where an employee who has acquired a right to long service leave, or after having had five years service as an adult and less than ten years service, dies, the widow or the widower of such employee, or if there is no such widow or widower, the children of such employee, or if there is no such widow, widower or children such person who, in the opinion of the employer was at the time of the death of such employee, a dependant relative of such employee, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee.
(ii) Where there is a guardian of any children entitled under this paragraph, the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement.
(iii) Where there is no person entitled under this paragraph to receive the monetary value of leave payable under the foregoing provisions, payment in respect thereof shall be made to the legal personal representative of such employee.
(f) In calculating the remuneration due to a permanent part-time employee, whether proceeding on leave, or being paid in lieu, the calculation of monies due shall be based on the same formula as that applying to annual leave, being the average weekly ordinary hours worked in the twelve months preceding the time the leave is taken.
(g) Long service leave shall not be granted in a period of less than one month unless the employer and employee so agree.
