AT794071 - Queensland Local Government Officers' Award 1998 [Transitional]
25.1 Subject to the provisions of 25.6, the entitlement of an officer to long service leave on full pay pursuant to this award shall be as follows:
25.1.1 In the case of an officer who has completed an initial period of ten years' continuous service, thirteen weeks;
25.1.2 In the case of an officer who has completed an initial period of seven years but less than ten years' continuous service, and who terminates that service, or who dies, or whose respondent terminates that service for any reason other than misconduct, a proportionate amount calculated on the basis of thirteen weeks for ten years' service;
25.1.3 In the case of an officer who has completed an initial or a subsequent period of ten years' service and who continues that service until the officer has completed a further period of ten years' service, a further thirteen weeks; and
25.1.4 In the case of an officer who continues in the service of a respondent after having completed an initial or a subsequent period of ten years' service and whose employment is terminated for any reason, or who dies, before completion of a further period of ten years' service, a proportionate further amount on the basis of thirteen weeks for ten years' service.
25.2 For the purpose of this award continuous service shall mean and include service with a respondent or with more than one respondent which has been continuous except for:
25.2.1 Absence from work on leave granted by a respondent including such absence through illness or injury on leave so granted, and any absence through illness or injury during the last five years of the officers service shall be included in the period in respect of which long service leave is computed:
25.2.2 The officer having been dismissed or stood-down by the respondent, or the officer having terminated service with the respondent by reason of illness or injury; provided that the officer shall have been re-employed by that respondent or another respondent, and shall not have been engaged in any other calling whether on the officer's own account or as an officer subsequent to having been so dismissed or stood down or to having so terminated service, and before being so re-employed; and provided further that the period during which that officer was absent by reason of such dismissal or standing down or termination of service shall not by reason only of this paragraph 25.2.2 be taken into account in calculating the period of service;
25.2.3 The officer having been dismissed or stood down by the respondent, or the officer having terminated service with the respondent, provided that the officer shall have been re-employed by that respondent or some other respondent within a period not exceeding three months.
25.3 Service as a member of the Naval, Military or Air Forces and (other than the British Commonwealth Occupation Forces in Japan) of the Commonwealth or of the Civil Construction Corps established under the National Security Act 1939, as amended by subsequent Acts, of the Commonwealth, shall be deemed to be service with the respondent by which that officer was last employed before the officer commenced to serve as such member.
In relation to a female, service as a member of Her Majesty's Naval Military or Air Forces as specified in this clause includes that service as a member of, or any service forming part of those Forces or any of them.
This clause shall not apply in respect of service whether for a specified period or without limit of time, with any of the permanent Naval Military or Air Forces of the Commonwealth or with the British Commonwealth Occupation Forces in Japan.
25.4 Upon enlistment in Her Majesty's Armed Forces for active war service of any officer employed under this award, the respondent shall be liable to pay to such officer, if the officer so requests, the monetary equivalent of the proportionate amount of long service leave calculated as set out in this award.
Any pro rata payment so made at the officer's request shall not be deemed to break the continuity of the officer's service for long service leave purposes, but the quantum of long service leave to which such officer may become entitled in the event of the officer rejoining the service of the same or another respondent to this award shall be reduced by the period of service in respect of which the pro rata payment was made.
25.5 Where an officer covered by this award enlists for active war service in any of Her Majesty's Armed Forces and subsequently dies during the period of such enlistment a pro rata payment of long service leave due to the officer shall be paid to the officer's personal representative.
In the event of such officer being totally incapacitated by reason of war service to the extent of being unable to resume duties with the respondent, a pro rata payment for long service leave shall be paid to the officer or calculated in accordance with provisions of this award; provided that for the purposes of this clause there shall be no minimum qualifying period of eligibility for long service leave.
25.6 Calculating an officer’s length of service
25.6.1 In calculating an officer's length of service for the purpose of this clause, any period of the service had by an officer with a respondent or respondents prior to 15 June 1978 in respect whereof the officer has received long service leave on full pay pursuant to an entitlement thereto under the provisions of an award or Act in force prior to that date shall not be taken into account.
25.6.2 Subject to the provisions of 25.6.1 of this clause, the method of calculating the amount of long service leave due to an officer pursuant to the provisions of this award shall be as follows:
25.6.2(a) Officers whose initial period of continuous service commenced prior to 11 May 1944 shall be entitled to thirteen weeks long service for the first completed period of 20 years' service, and to a further thirteen weeks long service leave for each subsequent completed period of ten years' service, or a proportionate payment for any such subsequent completed period of service which is less than ten years on the basis of thirteen weeks for ten years' service.
25.6.2(b) Officers whose initial period of continuous service commenced on or after 11 May 1944 but prior to 11 May 1964 shall be entitled to long service leave in respect of service prior to 11 May 1964 at the rate of 13/20ths of one week for each year of service and in respect of service on or after 11 May 1964 but prior to 1 January 1977 at the rate of 13/15ths of one week for each year of service.
Provided that the rate of accrual of 13/15ths of one week for each year of service shall be applied only until the officer's long service leave entitlement pursuant to this subparagraph equals thirteen weeks. Thereafter the rate of accrual shall be one and 3/10ths weeks for each year of service.
Provided further that in respect of service on or after 1 January 1977, officers accrue long service leave at the rate of one and 3/10ths weeks for each completed year of such service.
25.6.2(c) Officers whose initial period of continuous service commenced on or after 11 May 1964 shall be entitled to long service leave in respect of service on or after 11 May 1964 but prior to 1 January 1977 at the rate of 13/15ths of one week for each year of service and in respect of service on or after 1 January 1977 at the rate of one and 3/10ths weeks for each year of service.
25.6.2(d) An officer whose initial qualifying period of ten years' continuous service is completed on or after 1 January 1977 shall immediately after completion of such period become entitled to long service leave, but the amount thereof shall be calculated in accordance with the provisions of 25.6.2(c).
25.7 Any long service leave shall be exclusive of any statutory holiday occurring during the period when that long service leave is taken and shall be paid for by the respondent as ordinary time deemed for the purpose of such payment to be worked continuously by the officer during the period of long service leave.
Provided that, in the case of an officer who immediately before the period of long service leave is being paid for ordinary time worked by the officer at a rate in excess of the rate payable under this award, the long service leave shall be paid for at that excess rate as ordinary time deemed for the purpose of such payment at such excess rate to be worked continuously by that officer during the period of long service leave except that, if the rate payable under the award is varied during the period of long service leave, then:
25.7.1 if the variation increases the rate payable under the said award to an amount greater than the aforesaid excess rate, the long service leave shall be paid for at that increased rate for any part of the period thereof in respect whereof the increased rate if the minimum rate of payment under the said award: or
25.7.2 if the variation decreases the rate payable under the said award, the long service leave may be paid for at the aforesaid excess rate less the whole or any portion of the decrease for any part of the period thereof in respect whereof the amount of the decreased rate is the minimum rate of payment under the said award.
25.8 The respondent with which the officer is employed at the time long service leave entitlement is claimed shall be liable as between itself and such officer to pay the whole of the amount to which such officer is entitled as payment for long service leave.
Provided that once an officer becomes eligible for pro rata long service leave each respondent with which the officer had previously been employed during the qualifying period for long service leave shall contribute to such entitlement in the proportion which the officer's period of service with it bears to the qualifying service at the ordinary rate of pay which the officer was receiving on the cessation of employment with such contributing respondent.
Provided further that once such contribution is made and the officer concerned is employed by yet another respondent the aforesaid employing respondent shall be liable between it and the new employing respondent for all long service leave contributions that had been forwarded to it and which had accrued during the aforesaid period of employment.
25.9 The respondent and the officer concerned may agree upon the times and the manner in which the officer shall be paid for long service leave.
Provided that if an officer who is entitled to any amount of long service leave dies before taking that amount of long service leave; or after commencing but before completing the taking of that amount of long service leave, the respondent shall pay to that officer's personal representative a sum equal to payment as prescribed by clause 25.6 for the period of the amount of long service leave not taken or, as the case may be, the taking of which has not been completed by that officer.
