AP802001CRV - Victorian Independent Schools - Teachers - Award 1998
[27 see also Common Rule Declaration PR953700 appended to this award]
27.1 Preamble
A teacher is entitled to long service leave on ordinary pay in respect of continuous employment with one and the same employer or the employer’s successor.
27.2 Entitlement
27.2.1 A teacher who has completed 10 years’ continuous employment with the employer is entitled to 13 weeks’ long service leave.
27.2.2 A teacher is entitled to an additional 6 1/2 weeks’ (i.e. 45 calendar days) long service leave for each additional five years of continuous employment with the employer.
27.3 Termination of employment
27.3.1 A teacher who has completed more than 10 years’ continuous employment with the employer and whose employment is terminated otherwise than by the death of the teacher is entitled to an amount of long service leave equal to one-fortieth of the period of the teacher’s continuous employment since the last accrual of entitlement to long service leave under 27.2.1 and 27.2.2.
27.3.2 A teacher who has completed at least 7 but less than 10 years of continuous employment with the employer and whose employment is terminated for any cause other than by the employer for serious misconduct, is entitled to such amount of long service leave as equals one-fortieth of the period of the teacher’s continuous employment.
27.3.3 If a teacher who is entitled to any amount of long service leave dies before or while taking long service leave, then the employer will pay an amount equal to the ordinary pay that would have been payable to the teacher in respect of the period of long service not taken to the teacher’s personal representative.
27.3.4 Where a teacher who has completed more than 10 years’ continuous employment with an employer dies while still in continuous employment of such employer, the employer (in addition to any sum payable under 27.3.3) will pay to the teacher’s personal representative in respect of any period of such continuous employment which is after the last accrual of entitlement to long service leave pursuant to 27.2.2 a sum equal to the amount of the teacher’s ordinary pay for a period equalling one fortieth of such fractional period.
27.3.5 Where a teacher who has completed at least 7 years but less than 10 years of continuous service with an employer dies while still in the employment of such employer, the employer will pay to the teacher’s personal representative a sum equal to the amount of the teacher’s ordinary pay for the period equalling one fortieth of the teacher’s fractional employment.
27.4 Payment in lieu
27.4.1 Except as provided in this clause, an employer will not make payment in lieu of any long service leave or part thereof to a teacher or the teacher’s personal representative.
27.4.2 Except as provided in this clause, a teacher or a teacher’s personal representative will not accept payment in lieu of any long service leave or part thereof.
27.5 Illness on long service leave
27.5.1 Subject to the production of a supporting medical certificate, a teacher who becomes ill whilst on long service leave is entitled to have the period of illness treated as sick leave but only to the extent that the teacher is entitled to sick leave.
27.5.2 Subject to 27.5.1, the teacher’s long service leave will be extended by the period of illness.
27.5.3 An exception to 27.5.1 is that an employer and a teacher may agree that the teacher will return from long service leave as planned with the period of illness increasing the teacher’s accrued long service leave entitlement.
27.6 Mode of employment and payment
27.6.1 A teacher whose service has been
is paid during long service leave at the teacher’s normal salary.
27.6.2 Where a teacher’s time fraction has varied, salary when proceeding on long service leave is calculated as follows:
(a) Service prior to 1 February 1997
(i) where all service of the teacher has been in a part-time capacity, salary when proceeding on long service leave (or payment in lieu thereof if applicable) will be calculated by striking average weekly hours over the last 12 months of actual service and multiplying average weekly hours by the current hourly pay rate;
(ii) when full-time employment falls last, any leave taken from the full-time credit will be paid at the current full-time salary. Leave taken from the part-time credit will be paid on the basis of a proportion of the current full-time salary having regard to the ratio of average weekly hours over the last 12 months of part-time employment to current full-time weekly hours;
(iii) when part-time employment falls last, leave taken from the full-time credit will be paid at the salary applicable to the full-time equivalent of the present part-time employment category. Leave taken from part-time credit will be paid for at the current salary on the basis of average weekly hours over the last 12 months of part-time employment;
(iv) if a teacher can show that the teacher’s average weekly hours over the whole of the teacher’s part-time employment are greater than average weekly hours over the last 12 months of part-time employment the higher figure will be used in determining average weekly hours. Should part-time employment be less than 12 months, average weekly hours will be struck over the actual period of part-time employment.
(b) Service from 1 February 1997
A teacher whose time fraction has varied during service is paid at a proportionate rate during long service leave. The rate is determined by calculating an average of the teacher’s time fractions over the period of eligible service.
27.7 Exceptions
Despite anything in this clause for the purpose of determining the amount of long service leave or pay in lieu thereof to which a teacher or a teacher’s personal representative is entitled in respect of the period of employment commencing on or after 1 January 1965 and ending on 1 January 1980, so much of that period of employment as was commenced before 1 January 1980 will be reduced by one third.
