Recognised Service. 51.8.1 Subject to clause 51.8.3 the following will be recognised as service with the Employer for the purposes of long service leave ("Recognised Service"): (a) any service with a State, Commonwealth or Territory of Australia Government Department or Public Service authority; or (b) any service with a public entity under the Public Administration Act 2004 (Vic); or (c) any service with a local governing body that is established by or under a law of Victoria. 51.8.2 Service for the purpose of long service leave does not include any period of service: (a) which preceded a continuous gap in approved Recognised Service of greater than 12 months other than: (i) an absence of 3 years or less in the nature of retirement occasioned by disability; or (ii) an absence of 2 years or less which in the opinion of the Employer was caused by special circumstances; or (b) during any absence from duty on parental, paternity/partner or adoption leave without pay; or (c) except to the extent (if any) authorised by the Employer, during any other absence on leave without pay; or (d) during any absence from duty when the Employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any corresponding previous enactment, other than the first 12 months of that period; or (e) which followed the date on which a pension under the State Superannuation Act 1988 (or similar provision applying to persons on the staff of a declared authority) became payable by reason of retirement on the ground of disability, other than a period not exceeding 12 months during which a pension under section 83A of that Act (or similar provision applying to persons on the staff of a declared authority) was paid; or (f) from which the Employee was dismissed for disciplinary reasons; or (g) which preceded the resignation of the Employee or the termination of the Employee's employment if on that resignation or termination the Employee received a sum characterised as a voluntary departure incentive or a targeted separation payment that was additional to his or her entitlements under any Act or agreement. 51.8.3 An Employee who has received a Targeted Separation Package from the Victorian Public Sector will, on employment with the Employer have their prior service recognised, provided that this service does not precede a continuous gap in approved recognised service of greater than 12 months, subject to clause 51.8.5. 51.8.4 An Employee who has received a Voluntary Departure Package from the Victorian Public Sector will not have their prior service recognised on employment with the Employer. 51.8.5 An application for the recognition of prior service under clause 51.8 must be made within six months of an Employee’s starting date with the Employer. Payment for Leave 51.8.6 In computing the pay of an Employee for or in lieu of long service leave, that pay includes: (a) if the Employee is receiving salary maintenance, that salary maintenance; and (b) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least 12 months before the commencement of the leave; and (c) any annual allowance payable to the Employee which the Employer determines should be included, but does not include: (i) any payment of overtime, commuted overtime or penalty rates; or (ii) any travelling or transport allowance; or (iii) any allowance in the nature of reimbursement of expenditure.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Recognised Service. 51.8.1 In this clause, an “authority” means an authority, whether incorporated or not, that is constituted by or under a law of a State, the Commonwealth or a Territory of Australia for a public purpose. Subject to clause 51.8.3 24.7.8.1, the following will be recognised as service with the Employer for the purposes of long service leave ("“Recognised Service"”):
(a) any Any service with a State, Commonwealth or Territory of Australia Government Department or Public Service authority; or
(b) any Any service with a public entity under the Public Administration Act 2004 (Vic); or
(c) any Any service with a local governing body that is established by or under a law of Victoria. Notwithstanding the above, the Library may recognise any service with a public sector authority or local governing body of the Commonwealth, a State other than Victoria or a Territory of Australia.
51.8.2 24.7.8.1 Service for the purpose of long service leave does not include any period of service:
(a) service which preceded a continuous gap in approved Recognised Service of greater than 12 months other than:
(i) an : • An absence of 3 years or less in the nature of retirement occasioned by disability; or
(ii) an or • An absence of 2 years or less which in the opinion of the Employer Library was caused by special circumstances; or
(b) during or • During any absence from duty on parentalmaternity, paternity/partner or adoption leave without pay; or
(c) except or • Except to the extent (if any) authorised by the EmployerLibrary, during any other absence on leave without pay; or
(d) during or • During any absence from duty when the Employee employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any corresponding previous enactment, other than the first 12 months of that period; or
(e) which or • Which followed the date on which a pension under the State Superannuation Act 1988 (or similar provision applying to persons on the staff of a declared authority) became payable by reason of retirement on the ground of disability, other than a period not exceeding 12 months during which a pension under section 83A 83A(1) of that Act (or similar provision applying to persons on the staff of a declared authority) was paid; or
(f) from or • From which the Employee employee was dismissed for disciplinary reasons; or
(g) which preceded the resignation of the Employee or the termination of the Employee's employment if on that resignation or termination the Employee received a sum characterised as a voluntary departure incentive or a targeted separation payment that was additional to his or her entitlements under any Act or agreement.
51.8.3 24.7.8.2 An Employee employee who has received a Targeted Separation Package from the Victorian Public Sector will, on employment with the Employer re-employment, have their prior service recognised, provided that this service does not precede a continuous gap in approved recognised service of greater than 12 months, subject to clause 51.8.5.
51.8.4 24.7.8.3 An Employee employee who has received a Voluntary Departure Package from the Victorian Public Sector will not have their prior service recognised on employment with the Employer.
51.8.5 re-employment. An application for the recognition of prior service under clause 51.8 24.7.8 must be made within six months of an Employeeemployee’s starting date with the Employer. Payment for Leave
51.8.6 In computing the pay of an Employee for or in lieu of long service leave, that pay includes:
(a) if the Employee is receiving salary maintenance, that salary maintenance; and
(b) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least 12 months before the commencement of the leave; and
(c) any annual allowance payable to the Employee which the Employer determines should be included, but does not include:
(i) any payment of overtime, commuted overtime or penalty rates; or
(ii) any travelling or transport allowance; or
(iii) any allowance in the nature of reimbursement of expenditure.Library
Appears in 1 contract
Samples: Enterprise Partnership Agreement
Recognised Service. 51.8.1 (a) In this clause an “authority” means an authority, whether incorporated or not, that is constituted:
(i) by or under a law of a State, the Commonwealth or a Territory of Australia; and
(ii) for a public purpose.
(b) Subject to clause 51.8.3 39.10(c) the following will be recognised as service with in the Employer VPS for the purposes of long service leave ("“Recognised Service"”):
(ai) any service with a State, Commonwealth or Territory of Australia Government Department or Public Service authority; or
(bii) any service with a public entity under the Public Administration Act 2004 (Vic); or
(ciii) any service with a local governing body that is established by or under a law of Victoria.
51.8.2 (c) Notwithstanding the above, the Employer may recognise any service with:
(i) a public sector authority; or
(ii) a local governing body of the Commonwealth, a State other than Victoria or a Territory of Australia
(d) Service for the purpose of long service leave does not include any period of service:
(ai) which preceded a continuous gap in approved Recognised Service of greater than 12 twelve months other than:
(iA) an absence of 3 three years or less in the nature of retirement occasioned by disability; or
(iiB) an absence of 2 two years or less which in the opinion of the Employer was caused by special circumstances; or
(bii) during any absence from duty on parental, paternity/partner parental or adoption leave without pay; or
(ciii) except to the extent (if any) authorised by the Employer, during any other absence on leave without pay; or
(div) during any absence from duty when the Employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any corresponding previous enactment, other than the first 12 twelve months of that period; or
(ev) which followed the date on which a pension under the State Superannuation Act 1988 (Vic) (or similar provision applying to persons Employees on the staff Employees of a declared authority) became payable by reason of retirement on the ground theground of disability, other than a period not exceeding 12 twelve months during which a pension under section 83A (1) of that Act (or similar provision applying to persons on the staff Employees of a declared authority) was paid; or
(fvi) from which the Employee was dismissed for disciplinary reasons; or.
(ge) which preceded the resignation of the Employee or the termination of the Employee's employment if on that resignation or termination the Employee received a sum characterised as a voluntary departure incentive or a targeted separation payment that was additional to his or her entitlements under any Act or agreement.
51.8.3 An Employee who has received a Targeted Separation Package from the Victorian Public Sector VPS will, on re-employment with the Employer Employer, VPS, have their prior service recognised, provided that this service does not precede a continuous gap in approved recognised service of greater than 12 twelve months, subject to clause 51.8.5.
51.8.4 (f) An Employee who has received a Voluntary Departure Package from the Victorian Public Sector will not have their prior service recognised on re-employment with in the EmployerVPS.
51.8.5 (g) An application for the recognition of prior service under this clause 51.8 must should be made within six months of an Employee’s starting date with the Employer, VPS. Payment for Leave
51.8.6 In computing the pay of an Employee for or in lieu of long service leave, that pay includes:
(a) if The Employer will take reasonable steps within this period to ascertain from the Employee is receiving salary maintenance, that salary maintenance; and
(b) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least 12 months before the commencement of the leave; and
(c) any annual allowance payable to whether the Employee which the Employer determines should be included, but does not include:
(i) any payment of overtime, commuted overtime or penalty rates; or
(ii) any travelling or transport allowance; or
(iii) any allowance in the nature of reimbursement of expenditurehas prior service.
Appears in 1 contract
Samples: Enterprise Agreement
Recognised Service. 51.8.1 In this clause, an “authority” means an authority, whether incorporated or not, that is constituted by or under a law of a State, the Commonwealth or a Territory of Australia for a public purpose. Subject to clause 51.8.3 24.7.8.1, the following will be recognised as service with the Employer for the purposes of long service leave ("“Recognised Service"):
(a) any ”): Any service with a State, Commonwealth or Territory of Australia Government Department or Public Service authority; or
(b) any or Any service with a public entity under the Public Administration Act 2004 (Vic); or
(c) any or Any service with a local governing body that is established by or under a law of Victoria. Notwithstanding the above, the Library may recognise any service with a public sector authority or local governing body of the Commonwealth, a State other than Victoria or a Territory of Australia.
51.8.2 24.7.8.1 Service for the purpose of long service leave does not include any period of service:
(a) service which preceded a continuous gap in approved Recognised Service of greater than 12 months other than:
(i) an : An absence of 3 years or less in the nature of retirement occasioned by disability; or
(ii) an or An absence of 2 years or less which in the opinion of the Employer Library was caused by special circumstances; or
(b) during or During any absence from duty on parentalmaternity, paternity/partner or adoption leave without pay; or
(c) except or Except to the extent (if any) authorised by the EmployerLibrary, during any other absence on leave without pay; or
(d) during or During any absence from duty when the Employee employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any corresponding previous enactment, other than the first 12 months of that period; or
(e) which or Which followed the date on which a pension under the State Superannuation Act 1988 (or similar provision applying to persons on the staff of a declared authority) became payable by reason of retirement on the ground of disability, other than a period not exceeding 12 months during which a pension under section 83A 83A(1) of that Act (or similar provision applying to persons on the staff of a declared authority) was paid; or
(f) from or From which the Employee employee was dismissed for disciplinary reasons; or
(g) which preceded the resignation of the Employee or the termination of the Employee's employment if on that resignation or termination the Employee received a sum characterised as a voluntary departure incentive or a targeted separation payment that was additional to his or her entitlements under any Act or agreement.
51.8.3 24.7.8.2 An Employee employee who has received a Targeted Separation Package from the Victorian Public Sector will, on employment with the Employer re-employment, have their prior service recognised, provided that this service does not precede a continuous gap in approved recognised service of greater than 12 months, subject to clause 51.8.5.
51.8.4 24.7.8.3 An Employee employee who has received a Voluntary Departure Package from the Victorian Public Sector will not have their prior service recognised on employment with the Employer.
51.8.5 re-employment. An application for the recognition of prior service under clause 51.8 24.7.8 must be made within six months of an Employeeemployee’s starting date with the Employer. Payment for Leave
51.8.6 In computing the pay of an Employee for or in lieu of long service leave, that pay includes:
(a) if the Employee is receiving salary maintenance, that salary maintenance; and
(b) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least 12 months before the commencement of the leave; and
(c) any annual allowance payable to the Employee which the Employer determines should be included, but does not include:
(i) any payment of overtime, commuted overtime or penalty rates; or
(ii) any travelling or transport allowance; or
(iii) any allowance in the nature of reimbursement of expenditure.Library
Appears in 1 contract
Samples: Enterprise Partnership Agreement
Recognised Service. 51.8.1 (a) In this clause an “authority” means an authority, whether incorporated or not, that is constituted:
(i) by or under a law of a State, the Commonwealth or a Territory of Australia; and
(ii) for a public purpose.
(b) Subject to clause 51.8.3 36.10(c) the following will be recognised as service with in the Employer VPS for the purposes of long service leave ("“Recognised Service"”):
(ai) any service with a State, Commonwealth or Territory of Australia Government Department or Public Service authority; or
(bii) any service with a public entity under the Public Administration Act 2004 (Vic); or
(ciii) any service with a local governing body that is established by or under a law of Victoria.
51.8.2 (c) Notwithstanding the above, the Employer may recognise any service with:
(i) a public sector authority; or
(ii) a local governing body of the Commonwealth, a State other than Victoria or a Territory of Australia
(d) Service for the purpose of long service leave does not include any period of service:
(ai) which preceded a continuous gap in approved Recognised Service of greater than 12 twelve months other than:
(iA) an absence of 3 three years or less in the nature of retirement occasioned by disability; or
(iiB) an absence of 2 two years or less which in the opinion of the Employer was caused by special circumstances; or
(bii) during any absence from duty on parental, paternity/partner parental or adoption leave without pay; or
(ciii) except to the extent (if any) authorised by the Employer, during any other absence on leave without pay; or
(div) during any absence from duty when the Employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any corresponding previous enactment, other than the first 12 twelve months of that period; or
(ev) which followed the date on which a pension under the State Superannuation Act 1988 (Vic) (or similar provision applying to persons Employees on the staff Employees of a declared authority) became payable by reason of retirement on the ground theground of disability, other than a period not exceeding 12 twelve months during which a pension under section 83A (1) of that Act (or similar provision applying to persons on the staff Employees of a declared authority) was paid; or
(fvi) from which the Employee was dismissed for disciplinary reasons; or.
(ge) which preceded the resignation of the Employee or the termination of the Employee's employment if on that resignation or termination the Employee received a sum characterised as a voluntary departure incentive or a targeted separation payment that was additional to his or her entitlements under any Act or agreement.
51.8.3 An Employee who has received a Targeted Separation Package from the Victorian Public Sector VPS will, on re-employment with the Employer Employer, VPS, have their prior service recognised, provided that this service does not precede a continuous gap in approved recognised service of greater than 12 twelve months, subject to clause 51.8.5.
51.8.4 (f) An Employee who has received a Voluntary Departure Package from the Victorian Public Sector will not have their prior service recognised on re-employment with in the EmployerVPS.
51.8.5 (g) An application for the recognition of prior service under this clause 51.8 must should be made within six months of an Employee’s starting date with the Employer, VPS. Payment for Leave
51.8.6 In computing the pay of an Employee for or in lieu of long service leave, that pay includes:
(a) if The Employer will take reasonable steps within this period to ascertain from the Employee is receiving salary maintenance, that salary maintenance; and
(b) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least 12 months before the commencement of the leave; and
(c) any annual allowance payable to whether the Employee which the Employer determines should be included, but does not include:
(i) any payment of overtime, commuted overtime or penalty rates; or
(ii) any travelling or transport allowance; or
(iii) any allowance in the nature of reimbursement of expenditurehas prior service.
Appears in 1 contract
Samples: Enterprise Agreement