AP772288 - CSIRO (Salaries and Conditions of Service) Award 1999
23.1 Accrual: Employees accrue a recreation leave credit on 1 January of each year as follows:
23.2 Anticipation of recreation leave: Where an employee has more than 3 months service, CSIRO may grant the employee recreation leave which exceeds the recreation leave credit of the employee. Such leave shall not exceed the employee’s weekly ordinary hours of duty.
Where an employee ceases employment with a negative recreation leave balance CSIRO will recover the amount owing.
23.3 Deeming: Where an employee as at 1 January has a recreation leave credit exceeding a credit representing 2 years of service and applies for leave to reduce the excess credit prior to 1 April, CSIRO shall grant any application at least to the extent that it covers the excess credit.
23.3.1 where an employee has on 1 April a recreation leave credit which exceeds a credit representing 2 years of service the employee shall be deemed to be on recreation leave as from the first working day following that date and continuing for such period as is equivalent to the excess credit. The employee shall be entitled to be absent from duty during that period. CSIRO may exempt certain employees from this subclause.
23.4 Special cases: The following special cases apply:
23.4.1 where an employee is already absent on leave for a period of 4 weeks or less at the deeming date, the employee will be deemed to commence recreation leave as soon as the absence ceases;
23.4.2 where an employee is already absent on leave for a period exceeding 4 weeks at the deeming date, the employee will be deemed to be on recreation leave from the date commencing 6 months immediately following the absence unless the period of leave is taken beforehand; or
23.4.3 where an employee is absent on any type of leave (except recreation leave) for over 1 year, accrues an annual leave credit while on leave and resumes duty in a later year than the credit accrued, the credit will be treated as if it had accrued on in the year the employee resumed duty.
23.5 Recreation leave for shift workers: Employees regularly rostered for Sunday and holiday duty forming part of the ordinary hours of attendance per week shall be allowed 7 consecutive days leave (including non-working days) in addition to the period of recreation leave prescribed in 23.1.
23.6 Payment in Lieu: Where employment ceases the employee will be entitled to payment in lieu of annual leave. The employee will be paid the value of any outstanding leave credits and a pro-rata payment in lieu of previously uncounted service.
23.7 Leave loading: In addition to the rates of pay prescribed in clause 12, an employee will be entitled to annual leave loading. The payment will be the greater of the following:
23.7.1 a sum calculated as 17.5% of the following payments received on 1 January of the year in which the leave accrued, for the period of leave accrued:
23.7.1(a) the employee's annual salary; and
23.7.1(b) any additional payments which the employee would have received had the employee commenced annual leave on 1 January, excluding shift penalty payments; or
23.7.2 any shift penalties in respect of duty which the employee would have performed had the employee not been on approved annual leave.
23.7.3 Maximum: Payments under 23.7.1 are subject to a maximum payment of the equivalent of the Australian Bureau of Statistics' male average weekly total earnings for the September quarter of the year preceding the year in which the date of accrual occurs. Where leave accrual is less than for a full year, this maximum is applied on a pro rata basis.
23.7.4 Salary rate - employed less than one year: Where an employee commenced employment after 1 January of any year and the employee's services were terminated before the end of that calendar year, the employee's salary for purposes of 23.7 will be the 1 January equivalent of the salary payable to the employee upon the commencement of employment.
23.7.5 Part-time maximum: A part-time employee will be entitled to the provisions of 23.7, provided that the maximum payment specified in 23.7.3 is calculated as follows:
A x B |
C |
Where:
A = Australian Bureau of Statistics male average weekly total earnings for September quarter preceding the accrual date;
B = the total number of annual leave hours accrued by the part-time employee for the year of accrual; and
C = annual leave entitlement of an equivalent full-time employee for the year of accrual.
23.7.6 Payment: Leave loading will be payable to an employee who takes annual leave after the date on which the loading accrues, and who requests that payment be made. Where annual leave credits for a particular year are exhausted, the leave loading in respect of that year will be paid as soon as practicable.
23.7.7 Separation: An employee whose services terminate and who is entitled to payment in lieu of accumulated annual leave or pro rata annual leave will be paid any accrued leave loadings not yet paid and leave loading on pro rata annual leave entitlement due on separation.
23.8 Death of employee: Where an employee dies, or CSIRO has directed that an employee will be presumed to have died on a particular date, payment may be made to the dependants or partners or the legal personal representative of the former employee of an amount that would have been paid if the employee had otherwise ceased employment.
