AN120537 – Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006
13.1 Applicability of Long Service Leave Act 1955
Except in so far as expressly varied by the provisions of this clause, the provisions of the said Act, shall apply to teachers employed under this award.
13.2 Accrual of Leave from 30 January 2006
The amount of long service leave which a teacher shall accrue in respect of service performed on and from 30 January 2006 shall be:
(a) In the case of a teacher who has completed:
(i) less than ten years service, in respect of full-time service a teacher shall accrue 6.5 days per year of service; and
(ii) ten or more years of service, in respect of full-time service a teacher shall accrue 10 days per year of service.
(b) A teacher shall be entitled to accrue leave in respect of part-time service as set out in paragraph (a) of this subclause on a pro rata basis according to his or her FTE (as defined in paragraph (c) of this subclause).
(c) For the purposes of this clause the "FTE" is defined as the proportion which the number of teaching hours per week worked by a teacher bears to the number of teaching hours which a full-time teacher at the school is required to teach per week. (NB that this formula is the same as that which is utilised in subclause 4.8 of this award for calculation of payment of part-time teachers).
(d) A teacher shall be entitled to leave in accordance with this subclause together with leave accrued before 30 January 2006 pursuant to subclause 13.3.
13.3 Calculation of Accrual as at 29 January 2006
(a) A teacher whose employment commenced prior to 30 January 2006 will have accrued long service leave as at 29 January 2006 in accordance with previous award and legislative provisions.
A summary of the accrual rates pursuant to these provisions is set out below:
Calculation of Entitlement:
Prior to 31 July 1985 |
.866 weeks per year. |
1 August 1985 to |
1.05 weeks per year up to 10 years of service. |
30 January 1995 |
1.5 weeks per year after 10 years of service. |
31 January 1995 to |
1.3 weeks per year up to 10 years of service. |
31 January 2001 |
1.9 weeks per year, after 10 years of service. |
1 February 2001 to |
1.3 weeks per year up to 10 years of service. |
29 January 2006 |
2 weeks per year after 10 years of service. |
(b) It is the intention of the parties that on and from 30 January 2006 long service leave accrual will reflect the differing patterns of work of teachers within Catholic schools, whose teaching load changes from full-time to part-time and/or vice versa during their working career. To that end on 29 January 2006, all existing accruals will be converted from weeks to working days.
(c) The following formula will be used to calculate the number of days of long service leave that a teacher is entitled to as at 29 January 2006:
(i) all full-time teachers, as at 29 January 2006, will have their weeks of accrued long service leave converted to days on the basis of 1 week of accrued leave equals 5 days of accrued leave;
(ii) all part-time teachers, as at 29 January 2006, will have their weeks of accrued long service leave converted to days by averaging the FTE (as defined in accordance with paragraph (c) of subclause 13.2 of this clause) of the last 5 years of eligible service, comparing it with the current FTE (i.e. as at 29 January 2006) and using the higher figure for conversion to days.
13.4 Entitlement to Long Service Leave and Payment of Long Service Leave on Termination
(a) A teacher shall be entitled to take long service leave accrued in accordance with subclauses 13.2 and 13.3 of this clause on the completion of ten years service with an employer and on the completion of each additional seven years service thereafter.
(b) In the case of a teacher who has completed at least 5 years service with an employer and the service of the teacher is terminated or ceases for any reason, such teacher shall be paid their accrued long service leave calculated in accordance with subclause 13.2 and subclause 13.3 of this clause.
13.5 Conditions of Taking Leave
(a) It is the intention of the parties that the number of days of long service leave accrued by the teacher can be taken at the teacher’s current FTE when the long service leave is taken.
For example, a teacher works full-time for their first ten years of employment and then reduces to 2.5 days per week (0.5 FTE) for the next five years of their employment. The teacher would accrue 65 days of long service leave for their first ten years of service and then 25 days of long service leave over their next five years of service, a total of 90 days long service leave. If the teacher works 2.5 days per week (0.5 FTE) at the time they commence leave, the teacher would be entitled to take their 90 days of long service leave over 36 weeks.
The following paragraphs (b) - (e) apply to the Dioceses of Broken Bay and Parramatta only. For the corresponding conditions of taking leave for the Archdiocese of Sydney see the Enterprise Agreement.
(b) Where a teacher has become entitled to long service leave in respect of the teacher’s service with an employer, the employer shall give to the teacher and the teacher shall take the leave as soon as practicable, having regard to the needs of the employer, provided always that unless the employer otherwise agrees, the teacher shall give not less than two school terms notice of the teacher’s wish to take leave, and further provided that the employer shall give the teacher not less than two school terms notice of any requirement that such leave be taken.
(c) A teacher may request and be granted up to one weeks leave without pay to be taken in addition to long service leave such that the total period of leave comprises one or more complete school terms.
(d) Long Service leave will be exclusive of pupil vacation periods adjacent to or within the period of leave. Provided however that in the case only of a teacher who wishes to take a short block of long service leave immediately before or immediately after a pupil vacation period but not in accordance with sub-clause 13.10 Long Service Leave in Short Blocks nor in accordance with other diocesan policy on long service leave, then the employer may impose that the leave is inclusive of the pupil vacation period adjacent to or within the period of leave.
(e) Where a teacher is entitled to an amount of long service leave which is in excess of a school term the teacher may elect not to take that part of the long service leave which is in excess of a term (the deferred leave), until such time as the teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.
13.6 Public Holidays and Long Service Leave
A period of long service leave will be exclusive of a public holiday falling within it.
Notation: A contrary provision applied under previous awards in place from 1 January 1985 until 7 December 2000.
13.7 Service
The service of a teacher with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the teacher taking approved leave without pay (including unpaid leave in accordance with clause 12, Parental Leave), but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.
13.8 Payment in Lieu of Long Service Leave
(a) Diocese of Broken Bay
(i) Where a teacher has an entitlement to long service leave and takes leave in accordance with the NSW Long Service Leave Act (that is, at least for a month) the teacher and the employer may agree that, in addition to payment for the long service leave taken, the teacher may be paid an amount in lieu of any additional long service leave accumulated by the teacher.
(ii) If payment is elected to be taken in lieu of long service leave the amount the employer will pay in lieu of long service leave will be limited to the amount taken in actual leave.
(iii) Any payment arising from the conditions applicable in this subclause will be paid by the employer upon the commencement of the teacher’s long service leave.
(iv) Where a payment in lieu of long service leave is paid by the employer in accordance with this subclause, a teacher’s entitlements to long service leave will be reduced by the extent of such payment.
(b) Diocese of Parramatta
See the relevant Enterprise Agreement
(c) Archdiocese of Sydney
See the relevant Enterprise Agreement.
13.9 Long Service Leave and Leave Without Pay
Where a teacher takes long service leave for an entire school term and the teacher wishes to take the following school term as leave without pay, the employer will ordinarily consent to such arrangement where the teacher has had five years continuous service with that employer. However such leave without pay will ordinarily be approved for terms in the same year.
13.10 Long Service Leave in Short Blocks
(a) The Diocese of Broken Bay may permit a teacher to take long service leave in blocks of less than a full term; provided that:
(i) the teacher has eligible service of at least five years;
(ii) the application is approved by the principal having regards to the educational needs of the students, critical times of the school year and the personal circumstances of the teacher;
(iii) the minimum period of leave to be taken in any one application is two weeks;
(iv) the period of leave is taken within a single term; and
(v) the leave may not be taken during the first four weeks of first term.
(b) Diocese of Parramatta
See the relevant Enterprise Agreement.
(c) Archdiocese of Sydney
See the relevant Enterprise Agreement.
