AN120058 – Boarding House Staff (Independent Schools) (State) Award 2004
(i) Applicability of Long Service Leave Act 1955
Except in so far as expressly varied by the provisions of this clause the provisions of the Long Service Leave Act 1955 shall apply.
(ii) Quantum of Leave
Subject to subclause (iii) of this clause, the amount of long service leave to which an employee shall be entitled shall:
(a)
(A) in the case of an employee who has completed ten years service be in respect of such service - 10.5 weeks; and
(B) in respect of each additional five years of service with the employer since the employee last became entitled to long service leave - 5.25 weeks; and
(C) on the termination of the employee's services in respect of the number of years service with the employer completed since the employee last became entitled to an amount of long service leave, a proportionate amount on the basis of 1.05 weeks for each completed year of service; and
(b) in the case of an employee who has completed five years adult service with an employer and whose services with the employer are terminated or cease for any reason other than misconduct be a proportionate amount on the basis of 10.5 weeks for ten year’s service (such service to include service with the employer as an adult and otherwise than as an adult).
(iii) Calculation of Entitlement
In the case of an employee whose service with an employer began before 1 May 1995 and whose service would entitle the employee to long service leave under this clause, the amount of long service leave to which the employee shall be entitled shall be the sum of the following amounts:
(a) the amount calculated on the basis of the provisions of the Long Service Leave Act 1955 in respect of the period of service before 1 May 1995; and
(b) an amount calculated on the basis of the provisions of this clause from 1 May 1995.
(iv) The service of an employee with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the employee taking maternity leave (including paid and unpaid leave) or approved leave without pay, but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.
(v) Any long service leave shall be inclusive of any public holidays and other pupil vacation periods falling within the period of such leave.
