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AP789529CRV - Metal, Engineering and Associated Industries Award 1998

6. AMOUNT OF LEAVE

6.1 The long service leave to which an employee is entitled shall be that prescribed by this clause.

6.2 Subject to subclause 6.4 hereof, the amount of long service leave to which an employee shall be entitled shall be:

6.2.1 In the case of an employee who has completed at least 15 years' service with an employer:

6.2.1(a) in respect of 15 years' service so completed, 13 weeks; and

6.2.1(b) in respect of each 10 years' service with the employer completed since he/she last became entitled to long service leave, eight and two-thirds weeks; and

6.2.1(c) on the termination of the employee's employment or his/her death, in respect of the number of years' service with the employer completed since he/she last became entitled to an amount of long service leave, a proportionate amount on the basis of 13 weeks for 15 years' service.

6.2.2 In the case of an employee who has completed at least 10 years but less than 15 years' service with an employer and whose employment is terminated:

6.2.2(a) by the employer for any cause other than serious and wilful misconduct; or

6.2.2(b) by the resignation of the employee; or

6.2.2(c) by the death of the employee;

a proportionate amount on the basis of 13 weeks for 15 years' service.

6.3 Such leave shall be granted and taken and, except as permitted by this Part of the award, payment in lieu thereof shall not be made or accepted.

6.4 In the case of an employee whose service with an employer began before 11 May 1964, and whose service would entitle the employee to long service leave under this Part of the award, the amount of long service leave to which such employee shall be entitled shall be the sum of the following amounts:

6.4.1 an amount calculated on the basis of 13 weeks for 20 years' service in respect of:

6.4.1(a) the period of his/her service in New South Wales before 1 April 1963;

6.4.1(b) such period of his/her service elsewhere before 11 May 1964, as was, under the law applicable to such employee or, in South Australia, under the industrial agreement applicable to him/her, taken into account for the calculation of his/her entitlement to long-service leave thereunder; and

6.4.2 An amount calculated on the basis of 13 weeks for 15 years' service in respect of the period of his/her service:

6.4.2(a) in New South Wales on and from 1 April 1963;

6.4.2(b) elsewhere on and from 11 May 1964.

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