AN160268 – Public Service Award 1992
(1) Each officer who has completed:
(a) A period of 7 years of continuous service in a permanent and/or fixed term contract capacity; or
(b) 10 years of continuous service in a temporary capacity;
shall be entitled to 13 weeks of long service leave on full pay.
Officers may by agreement with their employer, clear any accrued entitlement to long service leave in one-week periods.
(2) Where an officer has continuous service in both a temporary and permanent capacity the date on which the officer shall become entitled to long service leave shall be determined by taking into account on a proportional basis the periods of temporary and permanent service.
The category of temporary officer ceased on 1 October 1994 with the repeal of the Public Service Act 1978.
(3) Each officer is entitled to an additional 13 weeks of long service leave on full pay for each subsequent period of 7 years of continuous service.
(4) A part-time officer shall have the same entitlement to long service leave, as full time officers however payment made during such periods of long service leave shall be adjusted according to the hours worked by the officer during that accrual period.
(5) For the purpose of determining an officer's long service leave entitlement, the expression "continuous service" includes any period during which the officer is absent on full pay or part pay from duties in the Public Service, but does not include:
(a) any period exceeding two weeks during which the officer is absent on leave without pay or unpaid parental leave, except where leave without pay is approved for the purpose of fulfilling an obligation by the Government of Western Australia to provide staff for a particular assignment external to the Public Sector of Western Australia;
(b) any period during which an officer is taking long service leave entitlement or any portion thereof except in the case of subclause (10) when the period excised will equate to a full entitlement of 13 weeks;
(c) any service by an officer who resigns, is dismissed or whose services are otherwise terminated other than service prior to such resignation, dismissal or termination when that prior service has actually entitled the officer to the long service leave under this clause;
(d) any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave;
(e) any service of a Cadet whilst undertaking full time studies.
(6) A long service leave entitlement, which fell due prior to March 16, 1988, amounted to three (3) months. A long service leave entitlement, which falls due on or after that date, shall amount to thirteen (13) weeks.
(7) Any Public Holiday or days in lieu of the repealed public service holidays occurring during an officers absence on long service leave shall be deemed to be a portion of the long service leave and extra days in lieu thereof shall not be granted.
(8) The employer may direct an officer to take accrued long service leave and may determine the date on which such leave shall commence. Should the officer not comply with the direction, disciplinary action may be taken against the officer.
(9) An officer who has elected to retire at or over the age of 55 years and who will complete not less than 12 months continuous service before the date of retirement may make application to the employer to take pro rata long service leave before the date of retirement, based on continuous service of a lesser period than that prescribed by this clause for a long service entitlement.
(10) Compaction of leave
(a) An officer who, during an accrual period was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the officer's ordinary working hours at the time of commencement of long service leave, may elect to take a lesser period of long service leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of long service leave.
(b) Notwithstanding subclause (6) of this clause, an officer who has elected to compact an accrued entitlement to long service leave in accordance with paragraph (10)(a) of this clause, shall only take such leave in any period on full pay, and the period excised as "continuous service" shall be 13 weeks.
(11) Portability
(a) Where an officer was, immediately prior to being employed in the Public Service, employed in the service of:
and the period between the date when the officer ceased previous employment and the date of commencing employment in the Public Service does not exceed one week, that officer shall be entitled to long service leave determined in the following manner:
(i) the pro rata portion of long service leave to which the officer would have been entitled up to the date of appointment under the Public Sector Management Act 1994, shall be calculated in accordance with the provisions that applied to the previous employment referred to, but in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment shall be deducted from any long service leave to which the officer may become entitled under this clause; and
(ii) the balance of the long service leave entitlement of the officer shall be calculated upon appointment to the Public Service in accordance with the provisions of this clause.
(b) Nothing in this clause confers or shall be deemed to confer on any officer previously employed by the Commonwealth or by any other State of Australia any entitlement to a complete period of long service leave that accrued in the officer's favour prior to the date on which the officer commenced employment in the Public Service.
(12) Half Pay
Subject to the employer's convenience, an employer may approve an officer's application to take long service leave on full pay or half pay. In the case of long service leave which falls due on or after March 16, 1988 portions in excess of four weeks shall be in multiples of one week's entitlement.
