Enterprise Agreement 2012-2015

Leave

43  Leave applications

43.1  An employee must submit a leave application to his or her employing Member for any absence on leave, other than time off in lieu in accordance with clause 41.

44  Annual leave

44.1  Full-time employees are entitled to four weeks’ annual leave at full pay (150 hours) per year for recreational purposes.

44.2  Part-time employees are entitled to pro rata annual leave in accordance with clause 37.3.

44.3  Annual leave accrues daily, with accrued entitlements able to be taken at any time, with the approval of the employing Member.

44.4  As an administrative arrangement, an employee may use annual leave at half pay on the basis that one day of annual leave at full pay is equivalent to two days of annual leave at half pay.

44.5  An employee may elect in writing to cash out annual leave provided that:

  1. the minimum amount of annual leave to be cashed out is 5 days (pro rata equivalent periods within clause 44.5 apply to part‑time employees);
  2. to cash out up to 20 days of annual leave the employee must have taken a period of annual leave or long service leave (or a combination of both) in the 12 months preceding the election that is equal to or greater than the amount of leave being cashed out (any period of annual or long service leave may only be used once to qualify under this subclause);
  3. to cash out 20 days or more of annual leave the employee must have taken at least 20 days of annual leave or long service leave (or a combination of both) in the 12 months preceding the election; and
  4. after the election, the employee's remaining accrued entitlement to paid annual leave will be four weeks or greater.

44.6  Where an employee’s annual leave credits total 80 days or more as at 31 January or 31 July of any year (the 80 days is not pro rata for a part-time employee), the employing Member may direct the employee to take a period of annual leave of up to one quarter of the amount of annual leave credited to the employee provided:

  1. the employee is given at least one month's notice of the requirement to commence annual leave; and
  2. the period of annual leave is not required to commence within one week of a date on which the employee has previously requested to be absent from work on annual leave where that request was denied by the employing Member.

44.7  Subject to clause 59.3, all unused annual leave will be paid out when an employee’s employment under the MOP(S) Act ends.  An employee’s employment does not end where there is no break in MOP(S) Act employment.

44.8  If an ongoing or non-ongoing employee is approved to use other leave under this Agreement or under Part 2-2 of the Fair Work Act, any annual leave covering the same period will be re-credited.

44.9  Annual leave is not accrued by casual employees.

44.10  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

45  Personal leave

45.1  Full-time employees are entitled to three weeks’ leave at full pay (112 hours and 30 minutes) per year to be used for personal illness or injury of the employee, or carer’s leave (in accordance with clause 45.3).

45.2  Part-time employees are entitled to a pro rata accrual of personal leave in accordance with clause 37.3.

45.3  The taking of personal leave as carer’s leave may only be authorised to provide care or support to a member of the employee’s immediate family or household, who requires care or support during a period because of:

  1. a personal illness, or injury, of the family/household member; or
  2. an unexpected emergency affecting the family/household member.

45.4  Personal leave will be cumulative and available from the date of commencement and will accrue on each subsequent anniversary.

45.5  All applications for personal leave are required to include the reason for taking leave.  Any requirements for the provision of medical certificates or other documentary evidence will be determined by the employing Member, in accordance with the Fair Work Act.

45.6  As an administrative arrangement, an employee may use personal leave at half pay on the basis that one day of personal leave at full pay is equivalent to two days of personal leave at half pay.

45.7  If an employee who has exhausted his or her personal leave entitlements requires leave because of a personal illness or injury of the employee, unpaid personal leave may be available.  Unpaid carer’s leave may only be taken in accordance with clause 46.

45.8  Unused personal leave will not be paid out on termination of employment.

45.9  Personal leave is not accrued by casual employees.

45.10  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

46  Unpaid carer’s leave

46.1  Employees, including casual employees, are entitled to a period of up to two days’ unpaid carer’s leave for each occasion when a member of the employee’s immediate family or household, requires care or support during such a period because of:

  1. a personal illness, or injury, of the family/household member; or
  2. an unexpected emergency affecting the family/household member.

46.2  The entitlement in clause 46.1 is to two days’ leave for full-time, part-time and casual employees, and is not subject to a pro rata in accordance with clause 37.3.

46.3  Employees are entitled to unpaid carer’s leave for a particular period only if the employee cannot take an amount of personal leave under clause 45 during the period.

46.4  A period of unpaid carer’s leave will not count as service for any purpose.  However, it will not break an employee’s continuity of service.

46.5  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

47  Compassionate leave

47.1  Employees, other than casual employees, are entitled to a period of two days of paid compassionate leave for each occasion a member of the employee’s immediate family or household:

  1. contracts or develops a personal illness that poses a serious threat to his or her life; or
  2. sustains a personal injury that poses a serious threat to his or her life.

47.2  Employees, other than casual employees, are entitled to a period of three days of paid compassionate leave for each occasion a member of the employee’s immediate family, member of the employee’s household or friend dies.

47.3  Casual employees are entitled to unpaid compassionate leave in accordance with the provisions of the Fair Work Act.

47.4  The entitlements in clauses 47.1 and 47.2 apply to full-time and part-time employees, and are not subject to a pro rata in accordance with clause 37.3.

47.5  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

48  Community service leave

48.1  Employees, other than casual employees, are entitled to leave with full pay for a period during which the employee is undertaking eligible community service activities within the meaning given in Division 8 of Part 2-2 of the Fair Work Act.  Eligible community service activities include undertaking emergency services duties (including regular training, emergency services responses, reasonable recovery time and ceremonial duties) and jury service.

48.2  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

49  Miscellaneous leave

49.1  Full pay non-accruing miscellaneous leave may be granted to employees, other than casual employees, subject to approval by the employing Member, for absences associated with:

  1. Defence Force service;
  2. participation in major international multi-disciplinary sporting events;
  3. courses of study approved under clause 67.3;
  4. war service sick leave;
  5. political exchange leave; and
  6. other special purposes leave approved by the Department.

49.2  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

50  Leave for workplace relations training

50.1  Subject to operational requirements, an employee other than a casual employee, who is a delegate of an employee organisation, is entitled to a period of up to five days paid leave per year to attend workplace relations training courses or seminars.

50.2  Leave granted under clause 50.1 counts as service for all purposes.

50.3  Leave under clause 50.1 does not accrue.

50.4  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

51  Long service leave

51.1  Employees are entitled to long service leave in accordance with the provisions of the Long Service Leave (Commonwealth Employees) Act 1976 (LSL Act).

51.2  Each period of absence on long service leave must be a minimum of 15 consecutive calendar days.

51.3  For the purposes of the LSL Act, an employee who has attained the age of 55 years may retire at any time on or after having attained that age.

51.4  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

52  Maternity leave

52.1  Employees are entitled to maternity leave in accordance with the provisions of the Maternity Leave (Commonwealth Employees) Act 1973 (ML Act).

52.2  Employees entitled to paid maternity leave under the ML Act, will also receive an additional four weeks paid leave to be taken immediately following the period of paid maternity leave provided under the ML Act.  The additional leave will count as service for all purposes.

52.3  An employee may elect to spread the payment for the period of paid maternity leave (if eligible) and additional leave over a period of up to 32 weeks at a rate of half normal salary.  As this is an administrative arrangement, the additional leave beyond the 16 weeks will not count as service for any purpose, but does not break the continuity of service.

52.4  Any unpaid absence beyond 16 weeks will not count as service for any purpose, except as otherwise provided by section 7B of the ML Act.

52.5  If an employee's employment is terminated in accordance with section 16(1), 16(2) or 23(1) of the MOP(S) Act:

  1. during a period while the employee is absent from duty and is receiving pay in accordance with clauses 52.1 or 52.2; or
  2. within the period commencing six weeks prior to the expected date of birth of the child, but before the commencement of maternity leave,

the employee is entitled to receive a payment equal to:

  1. the amount the employee would have been entitled to in accordance with clauses 52.1 and 52.2 had the employee's employment not been terminated; less
  2. any payment the employee has already received in accordance with clauses 52.1 and 52.2 for that period of absence from duty.

52.6  If an employee:

  1. receives a payment in accordance with clause 52.5; and
  2. after the employee's employment is terminated, receives paid leave in accordance with the ML Act or additional paid maternity leave from another employer,

then:

  1. the employee is required to pay the Commonwealth within 60 days an amount equal to the lesser of:
    1. the weekly amount the employee would have received in accordance with clauses 52.1 and 52.2 multiplied by the number of weeks that the employee receives paid maternity leave from the new employer during which the employee would have received paid maternity leave under clauses 52.1 and 52.2 had the employee's original MOPS Act employment continued; and
    2. the weekly amount received from the new employer while the employee is on paid maternity leave multiplied by the number of weeks that the employee receives paid maternity leave from the new employer during which the employee would have received paid maternity leave under clauses 52.1 and 52.2 had the employee's original MOPS Act employment continued, and
  2. the Commonwealth will be entitled to recover from the employee an amount equal to the relevant amount described under clause 52.6(c) from any payment the Commonwealth is required to make to the employee or as a debt to the Commonwealth.

52.7  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

53  Adoption leave

53.1  An employee with at least 12 months continuous service, other than a casual employee, who adopts a child and is the primary carer of the child may be entitled to 16 weeks of paid adoption leave, subject to clauses 53.2 to 53.6. 

53.2  For an employee to be eligible to receive paid adoption leave, the adopted child must:

  1. be under 16 years of age as at the day of the placement, or expected day of the placement;
  2. not have lived with the employee for a period of six months or more as at the day of the placement, or expected day of the placement; and
  3. not be a child of the employee or the employee’s spouse, de facto partner or a child of an immediate family member.

53.3  Adoption leave commences from the day of the placement, or expected day of the placement of the child.

53.4  The entitlement to paid adoption leave expires 16 weeks after the day of the placement or when the child reaches 16 years of age, whichever occurs earlier.

53.5  If an employee completes 12 months continuous service (‘qualifying period’) during the 16 weeks after the day of the placement, the employee is entitled to receive paid adoption leave for the period between the completion of the qualifying period and the end of the 16 week period or when the child reaches 16 years of age, whichever occurs earlier.

53.6  An employee may elect to spread the payment for the period of paid adoption leave over a period of up to 32 weeks at a rate of half normal salary.  As this is an administrative arrangement, the additional leave beyond the 16 weeks will not count as service for any purpose, but does not break the continuity of service.

53.7  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

54  Supporting partner leave

54.1  An employee who is not the primary care giver to a dependent child is entitled to two weeks of paid supporting partner leave within the 52 weeks following the birth or adoption of the dependent child.

54.2  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

55  Unpaid parental leave

55.1  Employees are entitled to unpaid parental leave in accordance with the terms of the Fair Work Act.

55.2  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

56  Leave without pay

56.1  Leave without pay, including ceremonial leave, may be granted to employees subject to approval by the employing Member.

56.2  Leave without pay will not count as service for any purpose, except as otherwise provided in this Agreement.

Further information can be found in the relevant Guideline ‘Leave and public holidays’.

57  Public holidays and annual closedown

57.1  Subject to clause 57.2, employees, other than casual employees, are entitled to absent themselves from work on a day that is a public holiday at the employee’s work base and/or at a location where the employee is travelling on official business, and will be paid for standard hours that would otherwise be worked on that day.  For the purposes of this clause 57, a public holiday means:

  1. New Year’s Day or if that day falls on a Saturday or Sunday, the following Monday;
  2. Australia Day or if that day falls on a Saturday or Sunday, the following Monday;
  3. Good Friday, Easter Saturday and Easter Monday;
  4. Anzac Day, or where another day is substituted by the relevant State or Territory Government, that day;
  5. Christmas Day, or if that day falls on a Saturday or Sunday, 27 December;
  6. Boxing Day, or if that day falls on a Saturday or Sunday, 28 December;
  7. an additional day within the Christmas/New Year period as follows:
    1. Wednesday, 28 December – when Christmas Day falls on a Sunday;
    2. Wednesday, 27 December – when Christmas Day falls on a Monday;
    3. Monday, 31 December – when Christmas Day falls on a Tuesday;
    4. Friday, 27 December – when Christmas Day falls on a Wednesday;
    5. Monday, 29 December – when Christmas Day falls on a Thursday;
    6. Tuesday, 29 December – when Christmas Day falls on a Friday;
    7. Wednesday, 29 December – when Christmas Day falls on a Saturday;
  8. Queen’s Birthday, as gazetted by the relevant State or Territory Government;
  9. Labour Day, as gazetted by the relevant State or Territory Government; and
  10. any other days gazetted as public holidays by the State or Territory Government in the State or Territory of the employee’s work base and/or at a location where the employee is travelling on official business.

57.2  Employees, other than casual employees, are not required to attend for duty on the business days falling between Christmas Day and New Year’s Day (‘annual closedown’) and will be paid as though those days are public holidays.  Where these days fall during a period of maternity, adoption or parental leave (but not supporting partner leave), leave without pay, or long service leave, the employee will remain on that leave and the associated rate of pay.

57.3  Where an employee is required to work ordinary hours of duty during the annual closedown, the employee may access paid time off for the ordinary hours worked.  That paid time off must be used by 31 March in the year following the annual closedown, subject to the agreement of the employing Member.

57.4  Employees may be requested to work on particular public holidays and during the annual closedown, and must work on the relevant days unless the request to work is unreasonable or any refusal by the employee to the request is reasonable.  Employees acknowledge that the nature of the job requires certain employees to work on particular public holidays (including Australia Day, Anzac Day, the Queen’s birthday and local picnic and Cup days) and during the annual closedown from time to time.

57.5  Further information can be found in the relevant Guideline ‘Leave and public holidays’.

58  Prior service

58.1  An employee who:

  1. ceases to be employed under the MOP(S) Act under subsection 16(1), 16(2), 16(3), 23(1), 23(1A) or 23(2);
  2. is subsequently appointed or engaged under the MOP(S) Act within six months of that cessation; and
  3. pays to the Department within 60 calendar days of the new appointment or engagement an amount equal to the amount paid to the employee upon termination of his or her employment in lieu of accumulated leave (if any) and severance benefits, including additional severance benefits (if any),

will have his or her immediately preceding period of employment under Part III or Part IV of the MOP(S) Act (and any previous periods in relation to which continuity of employment provisions have applied) recognised as service for all purposes in relation to his or her current period of employment.  The break in service will not count as service for any purpose, but is not considered to break continuity of service.

58.2  An employee who:

  1. resigns to contest a Federal, State or Territory election;
  2. is unsuccessful and subsequently appointed or engaged within six months of resignation; and
  3. pays to the Department within 60 calendar days of the new appointment or engagement an amount equal to the amount paid to the employee upon termination of his or her employment in lieu of accumulated leave (if any);

will have his or her immediately preceding period of employment under Part III or Part IV of the MOP(S) Act (and any previous periods in relation to which continuity of employment provisions have applied) recognised as service for all purposes in relation to his or her current period of employment.  The break in service will not count as service for any purpose, but is not considered to break continuity of service.  There is no automatic right of reinstatement when a former employee is unsuccessful in gaining a seat at an election.

58.3  Employees who have previously been employed by Commonwealth, State, Territory or local Government organisations may have that employment recognised for personal leave purposes, and long service leave purposes in accordance with the LSL Act.

58.4  An employee who was employed by a State or Territory parliamentarian, on a basis equivalent to ongoing or non-ongoing MOP(S) Act employment, immediately prior to employment under the MOP(S) Act, may have that service recognised for the purposes of calculating a severance benefit under clause 71.  An employee is only eligible for recognition of service under this clause if, within one month of the commencement of their MOP(S) Act employment, the employee lodges a request with the Department to have the service recognised.

  1. At the commencement of this Agreement, existing employees are eligible for recognition of service under this clause if, within one month, the employee lodges a request with the Department to have the service recognised.
  2. The previous State or Territory service must be continuous with MOP(S) Act employment in order to be recognised, i.e. there can be no business day between the end of the State or Territory parliamentary service and the commencement of the MOP(S) Act employment.
  3. The previous State or Territory service will not be recognised where the employee has been paid a severance benefit, or similar payment, in relation to that service.

58.5  Further information can be found in the relevant Guideline ‘Recognition of prior service’.

59  Portability of leave

59.1  Employees, other than casual employees, who are:

  1. employed by an agency as defined in section 5 of the Financial Management and Accountability Act 1997; and
  2. who are granted leave without pay from that employer (the former employer) to undertake MOP(S) Act employment,

will have all their accrued leave credits recognised.

59.2  An employee’s entitlement to the accrued leave credits specified in clause 59.1 and to any future leave entitlements will be in accordance with this Agreement.

59.3  On an employee’s return to the former employer at the cessation of MOP(S) Act employment, the employee’s accrued leave entitlements will be transferred to the former employer and will not be paid in lieu.

59.4  Further information can be found in the relevant Guideline ‘Recognition of prior service’.

60  Unauthorised absence

60.1  Where an employee is absent from duty without approval, all pay and other benefits provided under this Agreement, in relation to the period of absence, will cease to be available until the employee resumes duty or is granted leave.