AN160741 – Coal Mining Industry (Engineers) Award 1990
(1) Right to leave An employee shall, as herein provided, be entitled to leave with pay in respect of long service.
(2) Long Service
(a) The long service which shall entitle an employee to such leave shall, subject as herein provided, be continuous service within the "Industry".
(b) Such service shall include absence by an employee on account of compensatory injury, on recognised holidays, annual leave, sick leave, long service leave, attendance for compulsory medical examination in connection with the employment, service in the Armed Forces Reserves, attendance at any Court under subpoena issued out of that Court, or with the permission of the management, bona fide absence by a union official from work to attend union business.
(3) Period of Leave
(a) Griffin Coal Mining Company Pty Limited only:
On and after the date of commencement of this Award, entitlement shall accrue at the rate of 13 weeks for each 8 years of continuous service.
(b) Western Collieries Limited only:
On and after the date of commencement of this award, entitlement shall accrue at the rate of 455 hours for each 8 years of continuous service.
For the purposes of this clause one weeks long service leave shall equal 35 ordinary hours.
(4) Payment for Period of Leave
(a) An employee shall be entitled to be paid for each week of leave to which the employee has become entitled or is deemed to have become entitled at the ordinary rate of pay applicable at the date the leave commences.
(b) Such rate of pay shall be the rate applicable to the employee for the ordinary weekly hours which are prescribed by this award.
(c) In addition to the ordinary rate of pay an employee proceeding on long service leave in accordance with the provisions of this clause, or is entitled to payment in lieu therefore shall be entitled to a loading of 17 - 1/2% calculated on the employee's ordinary rate of pay.
(d) Where the services of an employee are terminated through operation of mine employee's pensions legislation because of age, or by the employer because of ill-health, that employee shall be granted payment on the basis of one day's pay at the ordinary rate of pay for the employee's class of work for each shift of entitlement accumulated by the employee in respect of which long service leave has not already been taken.
(e) Where an employee dies payment shall be made to the legal personal representative of the deceased employee on the basis of 1 day's pay at the ordinary rate of pay for the employee's class of work for each shift of entitlement accumulated and in respect of which long service leave has not already been taken.
(f) On the termination of employment (other than by dismissal for serious misconduct) an employee who at the date of such termination has accumulated a minimum of 13 weeks entitlement shall be granted payment on the basis of 1 day's pay at the ordinary rate of pay for the class of work for each shift of entitlement accumulated and in respect of which long service leave has not already been taken.
(g) An employee who, whether before or after the commencement of operation of this subclause has accumulated a minimum of 6 completed years of continuous employment, whose services are terminated by the employer because of slackness of trade and who notwithstanding the circumstances that the employee has taken all reasonable steps so to do has been unable up till 4 months of the date of such termination, or up till the attainment of the age of 60 years or up till the employee's death (whichever happens first) to obtain further employment in the industry and in respect of whom upon application made on the employee's behalf the Tribunal certifies that reasonable steps were taken to obtain such work shall be granted payment, to be made to the employee in the case of death to a personal representative, on the basis of 1 day's pay at the ordinary rate of pay for the employee's class of work for each shift of entitlement and in respect of which Long Service Leave has not already been taken.
(5) Taking Leave
(a) In a case to which subparagraph (iii) hereof applies:
(i) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the employee or in the absence of such agreement at such time or times as may be determined by the Tribunal having regard to the needs of the employer's establishment and the employee's circumstances.
(ii) Except where the time for taking leave is agreed to by the employer and the employee or determined by the Tribunal the employer shall give to an employee at least 1 month's notice of the date from which leave is to be taken.
(iii) An employee who has accrued 13 weeks of entitlement may with the consent of the employer take such thirteen weeks' leave and any long service leave subsequently accumulated by the employee in periods of not less than two (2) weeks at such times as are agreed to between the employee and the employer.
(iv) Subject to ratification by the Long Service Trust Fund, where during the period an employee is on Long Service Leave a public holiday falls on what would have been an ordinary working day, that employee shall have the period of leave extended by the length of any such holiday.
(b) Pro Rata Leave
With the agreement of the employer, an employee shall be allowed to take second and subsequent long service leave entitlements on a pro rata basis in minimum leave periods of two (2) weeks, as such leave entitlement is accrued.
(c) Payment shall be made in one of the following ways:
(i) In full before the employee goes on leave;
(ii) at the same time as the wages would have been paid had the employee remained at work; or
(iii) in any other way agreed between the employer and the employee.
(6) Previous Rights and Liabilities
The provisions of this clause supersede the Engineers Long Service Leave Award No 105 of 1955, but no right, obligation or liability accrued or incurred thereunder shall except to the extent otherwise provided in this clause, be affected hereby.
