Australian National University Enterprise Agreement 2003-2006

Part Three — Employment Conditions | Section 4 — Leave and Holidays

35. Annual Leave

35.1 Principles

35.1.1 The parties recognise that annual leave is a benefit to both the University and to its staff and should be taken to ensure refreshment which is in the interests of both parties. Therefore:

35.1.1(a) staff members should be encouraged to use their leave to provide an adequate break from work;

35.1.1(b) staff members with sufficient credits should be able to take at least 20 days annual leave in an unbroken period; and

35.1.1(c) subject to sub-clause 35.1.3, the timing of when leave is taken should be mutually agreed in advance between the staff member and the supervisor, but will not be unreasonably refused by either person with appropriate notice taking into account the operational requirements of the work area and the personal circumstances of the staff member.

35.1.2 No staff member will lose leave entitlements and, with the exception of an academic staff member on a standard appointment or an academic staff member on a fixed term appointment of more than 3 years, all unused entitlements will be paid out on termination.

35.1.3 It is recognised that some areas may have operational restrictions on when leave is taken and that others will have periods during which leave cannot be taken or during which leave must be taken. It is also recognised that staff on externally funded fixed term contracts may be required to take accrued leave prior to the expiry of their appointment.

35.1.4 A staff member may, subject to approval by his or her delegate, purchase extra annual leave.

35.2 Annual Leave Entitlement

35.2.1 A staff member is entitled to 20 days annual leave for each completed year of service, except that:

35.2.1(a) a staff member employed in areas of the University which close between Boxing Day and New Years Day will be entitled to those days as additional annual leave;

35.2.1(b) a general staff member employed on permanent or rotating shifts will be entitled to an additional 5 days annual leave;

35.2.1(c) a general staff member employed at the Warramunga Seismic Array Unit will be entitled to an additional 7 days annual leave;

35.2.1(d) a general staff member employed at the North Australia Research Unit will be entitled to an additional 5 days annual leave;

35.2.1(e) A general staff member employed at the Siding Spring Observatory, Coonabarabran, will be entitled to an additional 2 days annual leave.

35.2.2 Annual leave will accrue on a fortnightly basis from commencement of employment and, subject to sub-clause 35.1.1 may be taken as it accrues.

35.2.3 Annual leave cannot be taken in advance of accruals except in exceptional circumstances to be determined by the delegate. Such circumstances may include the taking of annual leave accruing during a fixed term contract prior to the expiry of the contract. Annual leave taken in advance will be deducted from termination pay where the annual leave balance remains in debit.

35.3 Restrictions on Accruing Annual Leave

35.3.1 For an academic staff member on a standard appointment or an academic staff member on a fixed term appointment of more than 3 years, annual leave must not accrue beyond 40 days and will be deemed to have been taken in full during the period of employment.

35.3.2 For general staff on permanent or rotating shifts or general staff employed at the Warramunga Seismic Array Unit or the North Australia Research Unit, annual leave should not accrue beyond 50 days.

35.3.3 For all other staff, annual leave should not accrue beyond 40 days.

35.3.4 Subject to sub-clause 35.3.7, where a staff member has accrued excess leave, and has not applied for leave which will eliminate the excess, the supervisor will notify the staff member that leave must be taken at a mutually agreed time within the next 6 months. The amount of leave to be taken, which includes that accrued during the notice period, must be sufficient to reduce the staff member's credit to below the maximum on return to work.

35.3.5 Subject to sub-clause 35.3.7, where a staff member has not reduced excess leave accruals in accordance with sub-clause 35.3.4, the delegate will provide the staff member with not less than 10 days written notice that annual leave to the extent of the excess must be taken. Such notice will state the commencement and termination dates of such leave which will reduce accruals to the maximum, but not less than the maximum.

35.3.6 Additional annual leave which arises from the conversion of overtime will not be counted towards the maximum leave accrual.

35.3.7 A staff member who accrues annual leave during absences of extended illness, or workers compensation leave, may be exempted from sub-clause 35.3.4.

35.4 Illness Whilst On Annual Leave

If a general staff member becomes ill during a period of annual leave and that illness is substantiated by a medical certificate, he or she may take that period as the Personal leave provided for in paragraph 36.2.1(a) and apply to have his or her annual leave entitlement re-credited for the period covered by the medical certificate accordingly.

35.5 Annual Leave Loading

35.5.1 A staff member is entitled to payment of an annual leave loading (ALL) equal to 17.5% of 20 days base salary, accruing on a fortnightly basis, except that:

35.5.1(a) the maximum ALL payable will not exceed the Average Weekly Earnings for all males in the August Quarter of the year preceding payment, as published by the Australian Bureau of Statistics;

35.5.1(b) a staff member who continues to receive penalty rates, or an associated allowance, while on annual leave will not be eligible for ALL if his or her penalty rate, or allowance rate, is equivalent to, or exceeds, 17.5% of 20 days pay;

35.5.1(c) a staff member who continues to receive penalty rates, or an associated allowance, while on annual leave which is less than 17.5% will be eligible for payment of ALL equivalent to the difference between such rates and 17.5% of 20 days pay.

35.5.2 Accrued ALL will be paid in the second pay of each calendar year.

35.5.3 On termination, ALL credits will be paid out.

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