AP788677 - Maritime Industry (Seamen, Cooks and Stewards) Long Service Leave Award 1995

10. GRANTING OF LEAVE IN ADVANCE

[new 10 inserted by M6976 ppc 03Jul95]

(a) An employer may with the prior approval of the chief employer's representative by agreement with an employee who has had not less than ten years continuous service, allow long service leave to such employee before the right has accrued due, but where leave is so taken the employee shall 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 accrued due.

(b) Where leave has been granted to an employee pursuant to subclause (a) hereof, and the employment is subsequently terminated by the employer for serious or wilful misconduct 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 pursuant to subclause (a) hereof and to which he had not accrued entitlement pursuant to other provisions of this award as at the date of termination.

(c) The period of leave granted under this clause shall not exceed a period calculated pro rata on the basis of thirteen weeks leave for fifteen years continuous service.