AP788677 - Maritime Industry (Seamen, Cooks and Stewards) Long Service Leave Award 1995
[7 renumbered as 9 and varied by M6976 ppc 03Jul95; corrected by M7612 ppc 03Jul95]
Time of taking leave
(a)(i) When an employee currently in employment becomes entitled, pursuant to this award, to long service leave, the leave shall be granted by the employee's employer as soon as practicable or, subject to paragraph (vii) hereof, at such time or times as may be agreed between the said employer and the employee. In the case of an employee not currently employed by an employer, the granting of leave shall be effected by the Employers' Representative, as if the Employers' Representative were the current employer.
(ii) The granting of long service leave shall be subject to prior approval of the Superintendent for the employee's port of registration after consultation with the Chief Superintendent. The Superintendent shall not refuse to approve the taking of long service leave unless in the opinion of the Chief Superintendent the taking of leave may interfere with the manning of ships, or require an increase in registrations, having regard to availability of seamen or marine cooks or marine stewards as applicable at the port and at other ports.
(iii) Leave shall as far as practicable be correlated with the running of any vessel upon which the employee is engaged and the period of leave granted shall approximate as closely as possible both to the actual amount of leave due to the employee and to the date when the employee can most conveniently rejoin that vessel or if the employee agrees, join another vessel of the same employer to which the employee is appointed.
To give effect to this sub-clause, the employee, unless the employee is overseas, shall communicate with the employer during the period of the employee's leave as reasonably required by the employer.
(iv) A determination as to the period within which any long service leave to which an employee is entitled is to be taken shall cease to have effect if, before the commencement of that period, the employee's name is transferred to the register at another port.
(v) Subject to the provisions of paragraph (ii) of sub-clause (b) of clause 7 of this award, employers shall not be required to grant an employee leave to which the employee has become entitled pursuant to this award until the amount of leave to which the employee has become entitled equals thirteen weeks in respect of the employee's first period of entitlement or eight and two-third weeks in respect of any subsequent period of entitlement.
Notice to take leave
(vi) Except with the consent of an employee, the employee shall be given at least twenty-eight days' notice of the day from which the employee's leave is to be taken.
Broken Leave
(vii) Subject to the approval of the Superintendent, leave shall be granted and taken in one continuous period: or if the respondent bound by this award or the Employers' Representative, as the case may be, and the employee so agree or if it is necessary for correlation of the leave with the running of the vessel in accordance with subclause (iii) hereof, in not more than three separate periods in respect of the first thirteen weeks' entitlement, and in not more than two separate periods in respect of any subsequent period of entitlement.
Holidays and Annual Leave
(viii) The long service leave prescribed by this award is exclusive of annual leave but is inclusive of all other holidays occurring during the taking of any period of long service leave.
Payment on Termination for leave not taken
(b)(i) Where the name of an employee is removed from Register "A" in the circumstances referred to in clause 7(b)(ii) hereof otherwise than in consequence of the employee's death and any long service leave:
(A) to which the employee was entitled has not been taken; or
(B) accrues to the employee upon such termination
the Employers' Representative on behalf of the employers liable to do so under this award shall forthwith pay to the employee in full the amount in respect of such leave calculated as at the date of the termination in the manner set out in clauses 7 and 8 of this award less any amount already paid to the employee in respect of that leave.
(ii) Where an employee dies and any long service leave:
(A) to which the employee was entitled has not been taken; or
(B) accrues upon termination of the registration in consequence of the employee's death;
the Employers' Representative on behalf of the employers liable to do so under this award shall upon request by the employee's personal representative, after consultation with the Union Representative, pay to the employee's personal representative in full the amount in respect of such leave calculated as at the date of the death of the employee in the manner set out in clauses 7 and 8 of this award less any amount already paid to the employee in respect of that leave.
