AP795978 - Space Tracking Industry Award 1998
30.1 For the purposes of this clause the service of an employee with an employer means the period during which the employee has served with an employer under an unbroken contract of employment:
30.1.1 provided that a contract of employment will be deemed not to have been broken by reason only of any interruption or determination, if the interruption or determination:
30.1.1(a) has been made by the employer with the intention of avoiding any obligation imposed on him/her by this clause or by State Law dealing with long service leave; or
30.1.1(b) has arisen directly or indirectly form a dispute concerning industrial matters, if the employee returns to duty with the same employer in accordance with the terms of settlement of the said dispute; or
30.1.1(c) has been made by the employer by reason of slackness of trade, if the employee is re- employed by the same employer within six months of such interruption or determination; or
30.1.1(d) has been made by the employer for any reason other than those referred to in 30.1.1(a), 30.1.1(b) and 30.1.1(c), if the employee is re-employed by the same employer within two months of such interruption or determination.
30.1.2 Provided further that the period during which the employment has been so interrupted or determined will not, except when due to the reasons referred to in 30.1.1(a) be taken into account in calculating the period of service.
30.1.3 Where an employee has entered or enters into a contract of employment with an employer within a period of twelve months after the completion of an apprenticeship with the employer the period of the apprenticeship will be taken into account for the purpose of calculating the period of service with that employer under that contact of employment.
30.1.4 All service with the employer will be taken into account for the purposes of this clause, and will include service with the same employer in an industry other than the space-tracking industry.
30.2.1 An employee is entitled, subject to 30.1.3, to the following amount of leave:
30.2.1(a) In the case of an employee who has completed at least fifteen years of service with an employer:-
30.2.1(b) In the case of an employee who has completed at least ten but less than fifteen years service with an employer and whose employment is terminated:
30.2.1(c) Subject to 30.1.4, in the case of an employee who has completed at least ten but less than fifteen years service with an employer and whose employment is terminated by the employer other than as provided in 30.2.1(b), a pro-rata amount on the basis of thirteen weeks for fifteen years service.
30.2.2 Such leave will be granted and taken an, except as by this clause permitted, payment in lieu will not be made or accepted.
30.3 Payment for period of leave
30.3.1 Subject to the provisions of 30.3.2, while taking leave, an employee is entitled to payment at the rate at which they were prescribed at the time of taking the leave. The rate will not include shift premiums, overtime penalty rates, or allowances payable to him/her when working.
30.3.2 Payment will be made in any way as mutually agreed between the employer and employee. If during the period of leave any change in the rate of pay applicable to the employee has been effected by variation to this award, the employee will be entitled to the changed rate.
30.4.1 Time of taking leave
30.4.1(a) When an employee becomes entitled to long service leave it will be granted by the employer as soon as practicable having regard to the needs of the business or subject to 30.4.2, at a time or times mutually agreed between the employer and the employee.
30.4.1(b) Subject to the provisions of 30.2.1(a) an employer will not be required to grant an employee leave to which the employee has become entitled until the amount of leave to which the employee has become entitled equals thirteen weeks in respect of the first period of entitlement and eight and two-thirds weeks in respect of any subsequent period of entitlement.
30.4.2 Notice to take leave
Except where an employee agrees otherwise the employer will give an employee at least twenty-eight days' notice of the date from which leave is to be taken.
30.4.3 Broken leave
Leave will be granted and taken in one continuous period; or if the employer and the employee agree, 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.
30.4.4 Holidays, Annual leave and days off
Long Service Leave is exclusive of Annual eave but is inclusive of all other holidays or days off occurring during the taking of any period of long service leave.
30.4.5 Payment on termination for leave not taken
30.4.5(a) Where the employment of an employee is terminated otherwise than by death and any long service leave accrues to the employee upon such termination the employer will forthwith pay to the employee in full the amount in respect of such leave calculated as at the date of termination in the manner set out in 30.3 less any amount already paid to the employee in respect of that leave.
30.4.5(b) Where an employee dies and any long service leave to which the employee was entitled has not been taken; or accrues upon termination of the employment by reason of death, the employer will upon request by the employee's personal representative pay to the employee's personal representative in full the amount of leave calculated as at the date of the employee less any amount already paid to the employee.
30.5 Granting leave in advance
30.5.1 An employee may, by agreement with an employee, allow long service leave before the right to leave has accrued, but where leave is so taken the employee will not become entitled to any further leave or to payment in lieu for the period in respect of which leave was taken before it accrued.
30.5.2 Where leave has been granted to an employee before the right has accrued and the employment is subsequently terminated the employer may deduct from whatever remuneration is payable upon the termination of the employment the amount of 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 employment.
