AN140296 – Teachers' Award - Non-Governmental Schools 2003

SCHEDULE 10 - CATHOLIC EMPLOYING AUTHORITIES - LONG SERVICE LEAVE

S10.1 Application of Schedule

Schedule 10 shall apply to all teachers employed in schools conducted by Catholic Education Employing Authorities but shall not apply to such teachers as are in Holy Orders or are members of a recognised Religious Teaching Order.

S10.2 This Schedule shall be read subject to the provisions of the Award.

S10.3 Definitions

S10.3.1 "Act" means the Industrial Relations Act 1999, as amended or replaced.

S10.3.2 "Award" means the Teachers' Award - Non-Governmental Schools 2003.

S10.3.3 "Date of commencement" means in respect of each individual employer that date from which a teacher shall be entitled to long service leave of 13 weeks in respect of 10 years eligible service as specified hereunder.

S10.3.4 "Eligible service" means continuous service with the employer as from 1st January, 1982, and where a teacher is employed by a school at that date it shall include all continuous service at that school as from 1st January, 1975.

S10.4 Long service leave entitlements not to be reduced

Nothing in Schedule 10 shall be deemed or construed to diminish the conditions of long service leave any teacher was receiving prior to the date of coming into operation of Schedule 10.

S10.5 Amount of long service leave

A teacher shall be entitled to long service leave on full pay in respect of eligible service and the amount and further amounts of that long service leave shall be as follows:

S10.5.1 In respect of eligible service completed prior to the date of commencement in accordance with the Act.

S10.5.2 In respect of 10 years' eligible service undertaken as from the dates specified from the various individual Employers hereunder - 13 weeks' long service leave.

S10.5.3 As from 1st January, 1973 - Teachers employed by the Sacred Heart Fathers;

S10.5.4 As from 1st January, 1982 - Teachers employed by the Augustinian Friars, Brigidine Sisters, Christian Brothers, De La Salle Brothers, Franciscan Friars, Franciscan Sisters, Good Samaritan Sisters, Loreto Sisters, Marist Brothers, Mercy Sisters (All Hallows), Oblates of Mary Immaculate, Presentation sisters, sisters of Charity, Sisters of the Sacred Heart of Jesus, Ursuline Sisters;

S10.5.5 As from 1st January, 1983 - Teachers employed by the Mercy Sisters (Cairns);

S10.5.6 As from 1st January, 1985 - Teachers employed by the Directors of Catholic Education of the Archdiocese of Brisbane and of the Dioceses of Cairns, Rockhampton, Toowoomba and Townsville, Josephite Sisters, Mercy Sisters (Rockhampton), Mercy Sisters (Townsville).

S10.5.7 In respect of a further or subsequent 10 years' eligible service completed after the date of commencement - 13 weeks long service leave.

S10.6 Mode of taking leave

S10.6.1 A teacher may apply to take long service leave as from the date of commencement in respect of 10 years of continuous service notwithstanding the fact that the period of leave entitlement accrued may be less than 13 weeks.

S10.6.2 An employer may direct a teacher to take the full period of long service leave accrued within 12 calendar months of the date upon which the teacher's accrued entitlement reaches 13 weeks and the teacher shall so take that leave.

S10.6.3 The minimum and maximum periods of leave that may be taken shall be 4 weeks and 13 weeks respectively, with the proviso that where a teacher has accrued 26 weeks leave entitlement at the date of commencement, the teacher shall be granted leave up to a maximum at one time of 26 weeks.

S10.6.4 A teacher shall give at least 6 calendar months' notice in writing of the teacher's intention to take leave, and an employer shall give at least 6 calendar months' notice in writing of the direction to take leave, with the proviso that where the eligible service shall have been served with 2 or more employers, the period of notice shall be 9 calendar months for either party.

S10.7 Payment in lieu

Payment in lieu of leave shall be made in accordance with the entitlements granted by Schedule 10, and according to the Act.

S10.8 Financial provisions

An employer shall be liable as between itself and a teacher or a personal representative to pay the whole of the amount to which a teacher or the teacher's personal representative is entitled by way of payment for long service leave.

S10.9 Transitional arrangements

Where a teacher ceases employment with the employer prior to 1st January, 1985, and thereby payment in lieu of long service leave is made, the operative date for the calculation of eligible service as in clause S10.3.4 shall be the date of commencing continuous service at the school by which the teacher was employed at 1st January, 1982, notwithstanding that such date may be prior to 1st January, 1975.

S10.10 Date of operation

Schedule 10 takes effect from 30 June 2005. Schedule 10 replaces the Teachers - Catholic Schools (Long Service Leave Scheme) Industrial Agreement.