AP784988CRV - Insurance Industry Award 1998
25.1 Long service leave entitlement after 15 years service
Subject to the provisions of this clause each employee will be entitled to thirteen weeks' long service leave or an amount of leave as calculated in accordance with 25.3.1 of this subclause at actual rates of pay on the completion of fifteen years continuous employment within Australia with the same employer and thereafter an additional four and one-third weeks' leave on completion of each additional five years of such employment.
25.2 Payment in lieu of leave on termination
25.2.1 Termination by employer - 10-15 years of service
After an employee has completed ten years but less than fifteen years of such employment and the employment is terminated by the employer for any cause other than serious misconduct, the employee will be entitled to payment in lieu of such long service leave less any long service leave which has already been granted to and taken by the employee under 25.9.1.
25.2.2 Termination by employee - 10-15 years of service
Where an employee terminates employment after having completed ten years but less than fifteen years of continuous employment the employee shall be entitled to payment in lieu of such leave less than any long service leave already granted to and taken by the employee.
25.2.3 Termination of employment - 15 or more years of service
After an employee has completed fifteen years of such employment and employment is terminated the employee will be entitled to payment in lieu of such leave less any long service leave which has already been granted to and taken by the employee under 25.9.1.
25.3 Method of calculation of entitlement
25.3.1 In the case of an employee whose period of continuous employment commenced before 1 August 1964, the amount of long service leave to which the employee will be entitled under 25.l and 25.2.3 hereof for which the employee will be entitled to payment in lieu under that paragraph is the sum of the following -
25.3.1(a) For the period of employment prior to 1 August 1964 the amount calculated on the basis that leave accrues at the rate of 13 weeks for 20 years continuous service.
NOTE: TABLE 1 LONG SERVICE LEAVE CALCULATION TABLE ON THE BASIS OF 13 WEEKS LEAVE FOR 20 YEARS SERVICE at the end of this clause should be used to calculate the employee’s entitlement for service prior to 1 August 1964.
25.3.1(b) For the period of employment from 1 August 1964 onwards the amount calculated on the basis that leave accrues at the rate of 13 weeks for 15 years continuous service.
NOTE: TABLE 2 LONG SERVICE CALCULATION TABLE ON THE BASIS OF 13 WEEKS LEAVE FOR 15 YEARS SERVICE should be used to calculate the employee’s leave entitlement for service on and after 1 August 1964.
25.3.2 In the case of an employee who during the course of employment with a company has been employed both as a part-time employee and a full-time employee the rate of pay to which that employee will be entitled during the period of long service leave, or the rate of pay to be used in calculating the amount of money to be paid in lieu of the leave, is determined as follows
25.3.2(a) Calculate total period of employment.
25.3.2(b) Calculate total period of leave to which the employee is entitled (or taking.)
25.3.2(c) Calculate amount of leave in weeks which accrued during the period of employment as a full-time employee:
to determine the total amount of money to be paid to the employee in relation to the period of full-time employment, multiply the number of weeks leave so calculated by the weekly salary to which the employee is or would be entitled as a full-time employee at the current salary rates.
25.3.2(d) Calculate the amount of leave in weeks which accrued during the period of employment as a part-time employee.
to determine the total amount of money to be paid to the employee in relation to the period of part-time employment, multiply the number of weeks leave so calculated by the weekly salary to which the employee is or would be entitled as a part-time employee at current salary rates.
25.3.2(e) Calculate weekly salary to be paid to the employee during the period of leave:
to determine this weekly salary rate, add the amount of money due to the employee in relation to the period of full-time employment to the amount of money due to the employee in relation to the period of part-time employment and divide that total amount by the number of weeks leave the employee is taking.
25.3.2(f) Calculate the amount of money to be paid to the employee in lieu of long service leave on termination:
to determine the total amount of money due to the employee, add the amount of money due to the employee in relation to the period of full-time employment to the amount of money due in relation to the period of part-time employment.
25.4 Calculation of period of continuous employment
25.4.1 The period of continuous employment of an employee will commence, from the actual date of the employee’s engagement by an employer.
25.4.2 For the purposes of this clause employment will be deemed to be continuous notwithstanding:
25.4.2(a) The taking of any annual leave or long service leave;
25.4.2(b) Any absence from work of not more than fourteen days in any year on account of illness or injury;
25.4.2(c) Any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;
25.4.2(d) The dismissal of an employee who is re-employed within a period of not exceeding two months from the date of such dismissal;
25.4.2(e) Any other absence of the employee by leave of the employer, or on account of injury arising out of or in the course of employment
25.4.3 In calculating the period of continuous employment of any employee, any interruption or absence of a kind mentioned in 25.4.2(a) and 25.4.2(c) will be counted as part of the period of employment but any interruption or absence of a kind mentioned in 25.4.2(d) and 25.4.2(e) and any period of absence in excess of fourteen days in any year on account of illness or injury will not be counted as part of continuous employment but will lengthen the time of employment before the employee is entitled to long service leave.
25.5 Calculation of payment
25.5.1 “Actual rates of pay” for the purpose of this clause, means the actual salary of the employee for a normal weekly number of hours of work immediately prior to the time of taking each period of long service leave.
25.5.2 Such salary will not include shift premiums, overtime, penalty rates, commissions, bonuses or allowances payable to the employee when working.
25.5.3 Provided further that any alteration to award entitlement brought about by an amendment to the salary scale under clause 4 - Definitions of this award will apply to an employee who is on long service leave at the time of the alteration and the adjustment, if any, in the salary must be made when the employee returns to duty.
25.6 Service with related companies
Where, over a continuous period, an employee has been employed by two or more companies each of which is a related company within the meaning of section 7 of the Companies (Victoria) code as set out in Appendix A hereof, the employee is entitled to long service leave as if the employee had, during the whole of the period of service, been employed by the company by which the employee is employed at the date at which the long service leave entitlement accrues. Provided that an employee will not be entitled to leave or payment in lieu thereof more than once in respect to any period of service.
25.7 Transmission of business
Where a business is, whether before or after 1 August 1964, transmitted from an employer (in this subclause called "the transmittor") to another employer (in the subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business employee of the transmittee:
25.7.1 The continuity of the employment of the employee will be deemed not to have been broken by reason of such transmission;
25.7.2 The period of employment within the Commonwealth of Australia which the employee has had with the transmittor or any prior transmittor will be deemed to be employment of the employee with the transmittee.
25.8 Time of taking leave
Leave must be granted and taken as soon as practicable after becoming due having regard to the needs of the establishment, but may be postponed or taken in two but not more periods by agreement between the employee and the employer.
25.9 Granting leave in advance
25.9.1 An employer may by agreement with an employee allow long service leave to the employee before the right to the leave has fallen due. Where leave is so taken the employee will not become entitled to any further leave under this Award or to payment in lieu thereof for the period in respect of which such leave was taken before it fell due.
25.9.2 Where leave has been granted to an employee pursuant to 25.9.1 of this clause before the right thereto has accrued due and the employee’s employment is subsequently terminated, the employer may deduct from whatever remuneration is payable upon the termination of the employment such amount as represents payment for any period for which the employee has been granted leave to which the employee was not entitled at the date of termination of this employment.
25.10 Payment of salary during leave
25.10.1 Salary for the period of leave may, at the employer's option, be paid in full at the commencement of such leave or at such time as it would have been paid had the employee remained on duty, but in the latter event, the employer must forward the amount of each payment to the employee at an address to be notified by the employee to the employer.
25.10.2 If an employee dies prior to or during the taking of long service leave the employer must pay the amount calculated, using the employee’s actual rate of pay at his/her death, for the period of entitlement untaken or unpaid to the employee’s legal representative.
25.11 Leave previously taken
Any employee who has been granted and has taken long service leave will not be entitled to any benefits in respect of the period of entitlement the employee has taken long service leave.
25.12 Holidays and annual leave
Any period of long service leave shall be inclusive of any public holiday falling therein but shall not be inclusive of any period of annual leave.
25.13 Employment during long service leave
25.13.1 Any employee who engages in any employment for hire or reward during any period when such employee is on long service leave will forfeit the employee's right to payment for long service leave for such period of employment and, if already paid for such period, will repay to the employer by whom such long service leave payment had been made the amount the employee has received in respect of such period of long service leave.
25.13.2 No person, firm or corporation bound by this Award will knowingly employ any employee for hire or reward during any period when such employee is on long service leave.
TABLE 1
LONG SERVICE LEAVE CALCULATION TABLES
ON THE BASIS OF 13 WEEKS’ LEAVE FOR 20 YEARS’ SERVICE
Completed Months of Service
Completed Years of Service |
0 |
1 |
2 |
3 |
4 |
5 |
WEEKS’ ENTITLEMENT | ||||||
0 |
- |
.0542 |
.1083 |
.1625 |
.2167 |
.2708 |
1 |
0.65 |
.7042 |
.7583 |
.8125 |
.8667 |
.9208 |
2 |
1.30 |
1.3542 |
l.4083 |
l.4625 |
l.5167 |
l.5708 |
3 |
l.95 |
2.0042 |
2.0583 |
2.1125 |
2.1667 |
2.2208 |
4 |
2.60 |
2.6542 |
2.7083 |
2.7625 |
2.8167 |
2.8708 |
5 |
3.25 |
3.3042 |
3.3583 |
3.4125 |
3.4667 |
3.5208 |
6 |
3.90 |
3.9542 |
4.0083 |
4.0625 |
4.1167 |
4.1708 |
7 |
4.55 |
4.6042 |
4.6583 |
4.7125 |
4.7667 |
4.8208 |
8 |
5.20 |
5.2542 |
5.3083 |
5.3625 |
5.4167 |
5.4708 |
9 |
5.85 |
5.9042 |
5.9583 |
6.0125 |
6.0667 |
6.1208 |
10 |
6.50 |
6.5542 |
6.6083 |
6.6625 |
6.7167 |
6.7708 |
11 |
7.15 |
7.2042 |
7.2583 |
7.3125 |
7.3667 |
7.4208 |
12 |
7.80 |
7.8542 |
7.9083 |
7.9625 |
8.0167 |
8.0708 |
13 |
8.45 |
8.5042 |
8.5583 |
8.6125 |
8.6667 |
8.7208 |
14 |
9.10 |
9.1542 |
9.2083 |
9.2625 |
9.3167 |
9.3708 |
15 |
9.75 |
9.8042 |
9.8583 |
9.9125 |
9.9667 |
10.0208 |
16 |
10.40 |
10.4542 |
10.5083 |
10.5625 |
10.6167 |
10.6708 |
17 |
11.05 |
11.1042 |
11.1583 |
11.2125 |
11.2667 |
11.3208 |
18 |
11.70 |
11.7542 |
11.8083 |
11.8625 |
11.9167 |
11.9708 |
19 |
12.35 |
12.4042 |
12.4583 |
12.5125 |
12.5667 |
12.6208 |
20 |
13.00 |
- |
- |
- |
- |
- |
Completed Months of Service (contd)
Completed Years of Service |
6 |
7 |
8 |
9 |
10 |
11 | |
WEEKS’ ENTITLEMENT | |||||||
0 |
.3250 |
.3792 |
.4333 |
.4875 |
.5417 |
.5958 | |
1 |
.9750 |
l.0292 |
l.0833 |
l.1375 |
l.1917 |
l.2458 | |
2 |
l.6250 |
l.6792 |
l.7333 |
1.7875 |
l.8417 |
l.8958 | |
3 |
2.2750 |
2.3292 |
2.3833 |
2.4375 |
2.4917 |
2.5458 | |
4 |
2.9250 |
2.9792 |
3.0333 |
3.0875 |
3.1417 |
3.1958 | |
5 |
3.5750 |
3.6292 |
3.6833 |
3.7375 |
3.7917 |
3.8458 | |
6 |
4.2250 |
4.2792 |
4.3333 |
4.3875 |
4.4417 |
4.4958 | |
7 |
4.8750 |
4.9292 |
4.9833 |
5.0375 |
5.0917 |
5.1458 | |
8 |
5.5250 |
5.5792 |
5.6333 |
5.6875 |
5.7417 |
5.7958 | |
9 |
6.1750 |
6.2292 |
6.2833 |
6.3375 |
6.3917 |
6.4458 | |
10 |
6.8250 |
6.8792 |
6.9333 |
6.9875 |
7.0417 |
7.0958 | |
11 |
7.4750 |
7.5292 |
7.5833 |
7.6375 |
7.6917 |
7.7458 | |
12 |
8.1250 |
8.1792 |
8.2333 |
8.2875 |
8.3417 |
8.3958 | |
13 |
8.7750 |
8.8292 |
8.8833 |
8.9375 |
8.9917 |
9.0458 | |
14 |
9.4250 |
9.4792 |
9.5333 |
9.5875 |
9.6417 |
9.6958 | |
15 |
10.0750 |
10.1292 |
10.1833 |
10.2375 |
10.2917 |
10.3458 | |
16 |
10.7250 |
10.7792 |
10.8333 |
10.8875 |
10.9417 |
10.9958 | |
17 |
11.3750 |
11.4292 |
11.4833 |
11.5375 |
11.5917 |
11.6458 | |
18 |
12.0250 |
12.0792 |
12.1333 |
12.1875 |
12.2417 |
12.2958 | |
19 |
12.6750 |
12.7292 |
12.7833 |
12.8375 |
12.8917 |
12.9458 | |
20 |
- |
- |
- |
- |
- |
- | |
Completed Days of Service
Completed Weeks of Service |
0 |
1 |
2 |
3 |
4 |
5 |
6 |
WEEKS’ ENTITLEMENT | |||||||
0 |
- |
.0018 |
.0036 |
.0053 |
.0071 |
.0089 |
.0107 |
1 |
.0125 |
.0142 |
.0160 |
.0178 |
.0196 |
.0214 |
.0232 |
2 |
.0249 |
.0267 |
.0285 |
.0303 |
.0321 |
.0338 |
.0356 |
3 |
.0374 |
.0392 |
.0410 |
.0427 |
.0445 |
.0463 |
.0481 |
4 |
.0499 |
.0516 |
.0534 |
.0552 |
- |
- |
- |
TABLE 2
LONG SERVICE LEAVE CALCULATION TABLES
ON THE BASIS OF 13 WEEKS’ LEAVE FOR 15 YEARS’ SERVICE
Completed Months of Service
Completed Years of Service |
0 |
1 |
2 |
3 |
4 |
5 |
WEEKS’ ENTITLEMENT | ||||||
0 |
- |
.0722 |
.1444 |
.2167 |
.2889 |
.3611 |
1 |
0.8667 |
.9389 |
1.0111 |
l.0834 |
l.1556 |
l.2278 |
2 |
l.7333 |
l.8055 |
l.8777 |
l.9500 |
2.0222 |
2.0944 |
3 |
2.6000 |
2.6722 |
2.7444 |
2.8167 |
2.8889 |
2.9611 |
4 |
3.4667 |
3.5389 |
3.6111 |
3.6834 |
3.7556 |
3.8278 |
5 |
4.3333 |
4.4055 |
4.4777 |
4.5500 |
4.6222 |
4.6944 |
6 |
5.2000 |
5.2722 |
5.3444 |
5.4167 |
5.4889 |
5.5611 |
7 |
6.0667 |
6.1389 |
6.2111 |
6.2834 |
6.3556 |
6.4278 |
8 |
6.9333 |
7.0055 |
7.0777 |
7.1500 |
7.2222 |
7.2944 |
9 |
7.8000 |
7.8722 |
7.9444 |
8.0167 |
8.0889 |
8.1611 |
10 |
8.6667 |
8.7389 |
8.8111 |
8.8834 |
8.9556 |
9.0278 |
11 |
9.5333 |
9.6055 |
9.6777 |
9.7500 |
9.8222 |
9.8944 |
12 |
10.4000 |
10.4722 |
10.5444 |
10.6167 |
10.6889 |
10.7611 |
13 |
11.2667 |
11.3389 |
11.4111 |
11.4834 |
11.5556 |
11.6278 |
14 |
12.1333 |
12.2055 |
12.2777 |
12.3500 |
12.4222 |
12.4944 |
15 |
13.0000 |
- |
- |
- |
- |
- |
Completed Months of Service (contd)
Completed Years of Service |
6 |
7 |
8 |
9 |
10 |
11 |
|
WEEKS’ ENTITLEMENT | |||||||
0 |
.4333 |
.5055 |
.5778 |
.6500 |
.7222 |
.7944 | |
1 |
l.3000 |
l.3722 |
l.4445 |
l.5167 |
l.5889 |
l.6611 | |
2 |
2.1666 |
2.2388 |
2.3111 |
2.3833 |
2.4555 |
2.5277 | |
3 |
3.0333 |
3.1055 |
3.1778 |
3.2500 |
3.3222 |
3.3944 | |
4 |
3.9000 |
3.9722 |
4.0445 |
4.1167 |
4.1889 |
4.2611 | |
5 |
4.7666 |
4.8388 |
4.9111 |
4.9833 |
5.0555 |
5.1277 | |
6 |
5.6333 |
5.7055 |
5.7778 |
5.8500 |
5.9222 |
5.9944 | |
7 |
6.5000 |
6.5722 |
6.6445 |
6.7167 |
6.7889 |
6.8611 | |
8 |
7.3666 |
7.4388 |
7.5111 |
7.5833 |
7.6555 |
7.7277 | |
9 |
8.2333 |
8.3055 |
8.3778 |
8.4500 |
8.5222 |
8.5944 | |
10 |
9.1000 |
9.1722 |
9.2445 |
9.3167 |
9.3889 |
9.4611 | |
11 |
9.9666 |
10.0388 |
10.1111 |
10.1833 |
10.2555 |
10.3277 | |
12 |
10.8333 |
10.9055 |
10.9778 |
11.0500 |
11.1222 |
11.1944 | |
13 |
11.7000 |
11.7722 |
11.8445 |
11.9167 |
11.9889 |
12.0611 | |
14 |
12.5666 |
12.6388 |
12.7111 |
12.7833 |
12.8555 |
12.9277 | |
15 |
- |
- |
- |
- |
- |
- | |
Completed Days of Service
Completed Weeks of Service |
0 |
1 |
2 |
3 |
4 |
5 |
6 |
WEEKS’ ENTITLEMENT | |||||||
0 |
- |
.0024 |
.0047 |
.0071 |
.0095 |
.0119 |
.0142 |
1 |
.0167 |
.0190 |
.0214 |
.0237 |
.0261 |
.0285 |
.0309 |
2 |
.0332 |
.0356 |
.0380 |
.0404 |
.0427 |
.0451 |
.0475 |
3 |
.0499 |
.0522 |
.0546 |
.0570 |
.0594 |
.0617 |
.0641 |
4 |
.0665 |
.0689 |
.0712 |
.0736 |
- |
- |
- |
