Common use of Service counted for Long Service Leave Clause in Contracts

Service counted for Long Service Leave. (a) For the purpose of this clause “service” means service as an Employee of a Western Australian Public Sector Employer and will be deemed to include: (i) absence of the Employee on an Annual Leave or public holidays; (ii) absence of the Employee on paid sick or on an approved rostered day off; (iii) absence of the Employee on approved sick leave without pay except that portion of a continuous absence which exceeds three months; (iv) absence of the Employee on approved leave without pay, other than sick leave but not exceeding two weeks’ in any qualifying period; (v) absence of the Employee on National Service or other military training, but only if the difference between the Employees’ military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their Employer; (vi) absence of the Employee on worker’s compensation for any period not exceeding six months, or for such greater period as the Employer may allow; (vii) absence of the Employee on Long Service Leave; (viii) absence of an Employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 43.16. (b) The service of an Employee will be deemed not to include: (i) service of an Employee after the day on which they have become entitled to 26 weeks’ Long Service Leave until the day on which they commence the taking of 13 weeks’ of that leave; (ii) any period of service with an Employer of less than 12 months. Provided where an Employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government Employer to another, becoming redundant or qualifying for pro rata payment in lieu of leave pursuant to subclause 43.11, such period of service will count; and (iii) any other absence of the Employee except such absences as are included in service by virtue of subclause 43.4(a). (c) Subject to the provisions of subclauses 43.4(a) and 43.4(b), the service of an Employee will not be deemed to have been broken: (i) by resignation, if they resign from one Western Australian Public Sector Employer and commences with another Western Australian Public Sector Employer within one working week of the expiration of any period for which payment in lieu of Annual Leave and/or public holidays has been made by the Employer from which the Employee resigned, or, if no such payment has been made, within one working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (1) the Employee resumes employment with a Western Australian Public Sector Employer not later than six months from the day on which their employment ended; and (2) payment pursuant to subclause 43.11 has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.

Appears in 2 contracts

Samples: Wa Health System United Workers Union (Wa) Enrolled Nurses, Assistants in Nursing, Aboriginal Health Workers, Ethnic Health Workers and Aboriginal Health Practitioners Industrial Agreement 2022, Industrial Agreement

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Service counted for Long Service Leave. (a) For the purpose of this clause “service” means service as an Employee of a Western Australian Public Sector Employer and will be deemed to include: (i) absence of the Employee on an Annual Leave or public holidays; (ii) absence of the Employee on paid sick or on an approved rostered day off; (iii) absence of the Employee on approved sick leave without pay except that portion of a continuous absence which exceeds three months; (iv) absence of the Employee on approved leave without pay, other than sick leave but not exceeding two weeks’ weeks in any qualifying period; (v) absence of the Employee on National Service or other military training, but only if the difference between the Employees’ military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their Employer; (vi) absence of the Employee on worker’s compensation for any period not exceeding six months, or for such greater period as the Employer may allow; (vii) absence of the Employee on Long Service Leave; (viii) absence of an Employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 43.16. (b) The service of an Employee will be deemed not to include: (i) service of an Employee after the day on which they have become entitled to 26 weeks’ weeks Long Service Leave until the day on which they commence the taking of 13 weeks’ weeks of that leave; (ii) any period of service with an Employer of less than 12 months. Provided where an Employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government Employer to another, becoming redundant or qualifying for pro rata payment in lieu of leave pursuant to subclause 43.11, such period of service will count; and (iii) any other absence of the Employee except such absences as are included in service by virtue of subclause 43.4(a). (c) Subject to the provisions of subclauses 43.4(a) and 43.4(b), the service of an Employee will not be deemed to have been broken: (i) by resignation, if they resign from one Western Australian Public Sector Employer and commences with another Western Australian Public Sector Employer within one working week of the expiration of any period for which payment in lieu of Annual Leave and/or public holidays has been made by the Employer from which the Employee resigned, or, if no such payment has been made, within one working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (1) the Employee resumes employment with a Western Australian Public Sector Employer not later than six months from the day on which their employment ended; and (2) payment pursuant to subclause 43.11 has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.

Appears in 2 contracts

Samples: Wa Health System – United Workers Union (Wa) – Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers Industrial Agreement 2020, Wa Health System – United Workers Union (Wa) – Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers Industrial Agreement 2020

Service counted for Long Service Leave. (a) For the purpose of this clause “service” means service as an Employee employee of a Western Australian Public Sector Employer employer and will be deemed to include: (i) absence of the Employee employee on an Annual Leave annual leave or public holidays; (ii) absence of the Employee employee on paid sick or on an approved rostered day off; (iii) absence of the Employee employee on approved sick leave without pay except that portion of a continuous absence which exceeds three months; (iv) absence of the Employee employee on approved leave without pay, other than sick leave but not exceeding two weeks’ weeks in any qualifying period; (v) absence of the Employee employee on National Service or other military training, but only if the difference between the Employeesemployees’ military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their Employer; (vi) absence of the Employee employee on worker’s compensation for any period not exceeding six months, or for such greater period as the Employer may allow; (vii) absence of the Employee employee on Long Service Leavelong service leave; (viii) absence of an Employee employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 43.1642.16. (b) The service of an Employee employee will be deemed not to include: (i) service of an Employee employee after the day on which they have become entitled to 26 weeks’ Long Service Leave weeks long service leave until the day on which they commence the taking of 13 weeks’ weeks of that leave; (ii) any period of service with an Employer of less than 12 months. Provided where an Employee employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government Employer employer to another, becoming redundant or qualifying for pro rata payment in lieu of leave pursuant to subclause 43.1142.11, such period of service will count; (iii) any period during which an employee has been paid as a casual; and (iiiiv) any other absence of the Employee employee except such absences as are included in service by virtue of subclause 43.4(a42.4(a). (c) Subject to the provisions of subclauses 43.4(a42.4(a) and 43.4(b)42.4(b) , the service of an Employee employee will not be deemed to have been broken: (i) by resignation, if they resign from one Western Australian Public Sector Employer employer and commences with another Western Australian Public Sector Employer employer within one working week of the expiration of any period for which payment in lieu of Annual Leave annual leave and/or public holidays has been made by the Employer employer from which the Employee employee resigned, or, if no such payment has been made, within one working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (1) the Employee employee resumes employment with a Western Australian Public Sector Employer employer not later than six months from the day on which their employment ended; and (2) payment pursuant to subclause 43.11 42.11 has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.

Appears in 1 contract

Samples: Industrial Agreement

Service counted for Long Service Leave. (a) For the purpose of this clause “service” means service as an Employee of a Western Australian Public Sector Employer and will be deemed to include: (i) absence of the Employee on an Annual Leave or public holidays; (ii) absence of the Employee on paid sick or on an approved rostered day off; (iii) absence of the Employee on approved sick leave without pay except that portion of a continuous absence which exceeds three months; (iv) absence of the Employee on approved leave without pay, other than sick leave but not exceeding two weeks’ weeks in any qualifying period; (v) absence of the Employee on National Service or other military training, but only if the difference between the Employees’ military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their Employer; (vi) absence of the Employee on worker’s compensation for any period not exceeding six months, or for such greater period as the Employer may allow; (vii) absence of the Employee on Long Service Leave; (viii) absence of an Employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 43.16. (b) The service of an Employee will be deemed not to include: (i) service of an Employee after the day on which they have become entitled to 26 weeks’ weeks Long Service Leave until the day on which they commence the taking of 13 weeks’ weeks of that leave; (ii) any period of service with an Employer of less than 12 months. Provided where an Employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government Employer to another, becoming redundant or qualifying for pro rata payment in lieu of leave pursuant to subclause 43.11, such period of service will count; (iii) any period during which an Employee has been paid as a casual; and (iiiiv) any other absence of the Employee except such absences as are included in service by virtue of subclause 43.4(a). (c) Subject to the provisions of subclauses 43.4(a) and 43.4(b), the service of an Employee will not be deemed to have been broken: (i) by resignation, if they resign from one Western Australian Public Sector Employer and commences with another Western Australian Public Sector Employer within one working week of the expiration of any period for which payment in lieu of Annual Leave and/or public holidays has been made by the Employer from which the Employee resigned, or, if no such payment has been made, within one working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (1) the Employee resumes employment with a Western Australian Public Sector Employer not later than six months from the day on which their employment ended; and (2) payment pursuant to subclause 43.11 has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.

Appears in 1 contract

Samples: Industrial Agreement

Service counted for Long Service Leave. (a) For the purpose of this clause these conditions “service” means service as an Employee employee of a Western Australian Public Sector Employer employer and will be deemed to include: (i) absence of the Employee employee on an Annual Leave or public holidaysPublic Holidays; (ii) absence of the Employee employee on paid sick Personal Leave or on an approved rostered day off; (iii) absence of the Employee employee on approved sick leave without pay Personal Leave Without Pay except that portion of a continuous absence which exceeds three months; (iv) absence of the Employee employee on approved leave without payLeave Without Pay, other than sick leave Personal Leave but not exceeding two weeks’ weeks in any qualifying period; (v) absence of the Employee employee on National Service or other military training, but only if the difference between the Employees’ employee’s military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their Employer; (vi) absence of the Employee employee on worker’s workers’ compensation for any period not exceeding six months, or for such greater period as where receiving income compensation under the Employer may allowWorkers Compensation and Injury Management Act 2023 (WA); (vii) absence of the Employee employee on Long Service Leave; (viii) absence of an Employee employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 43.1640.12. (b) The service of an Employee employee will be deemed not to include: (i) service of an Employee employee after the day on which they have become entitled to 26 weeks’ Long Service Leave until the day on which they commence the taking of 13 weeks’ 12 weeks of that leave; (ii) any period of service with an Employer of less than 12 months. Provided that where an Employee employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government Employer employer to another, ; becoming redundant or qualifying for pro rata payment payments in lieu of leave pursuant to subclause 43.1140.8, such period of service will count; andor (iii) any other absence of the Employee employee except such absences as are included in service by virtue of subclause 43.4(a40.3(a). (c) Subject to the provisions of subclauses 43.4(a) and 43.4(b), the service of an Employee will not be deemed to have been broken: (i) by resignation, if they resign from one Western Australian Public Sector Employer and commences with another Western Australian Public Sector Employer within one working week of the expiration of any period for which payment in lieu of Annual Leave and/or public holidays has been made by the Employer from which the Employee resigned, or, if no such payment has been made, within one working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (1) the Employee resumes employment with a Western Australian Public Sector Employer not later than six months from the day on which their employment ended; and (2) payment pursuant to subclause 43.11 has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.

Appears in 1 contract

Samples: Hospital Support Workers Industrial Agreement

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Service counted for Long Service Leave. (a) For the purpose of this clause “service” means service as an Employee employee of a Western Australian Public Sector Employer and will be deemed to include: (i) absence of the Employee employee on an Annual Leave annual leave or public holidays; (ii) absence of the Employee employee on paid sick or on an approved rostered day off; (iii) absence of the Employee employee on approved sick leave without pay except that portion of a continuous absence which exceeds three months; (iv) absence of the Employee employee on approved leave without pay, other than sick leave but not exceeding two weeks’ weeks in any qualifying period; (v) absence of the Employee employee on National Service or other military training, but only if the difference between the Employeesemployees’ military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their Employer; (vi) absence of the Employee employee on worker’s compensation for any period not exceeding six months, or for such greater period as the Employer may allow; (vii) absence of the Employee employee on Long Service Leavelong service leave; (viii) absence of an Employee employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 43.1642.16. (b) The service of an Employee employee will be deemed not to include: (i) service of an Employee employee after the day on which they have become entitled to 26 weeks’ Long Service Leave weeks long service leave until the day on which they commence the taking of 13 weeks’ weeks of that leave; (ii) any period of service with an Employer of less than 12 months. Provided where an Employee employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government Employer to another, becoming redundant or qualifying for pro rata payment in lieu of leave pursuant to subclause 43.1142.11, such period of service will count; (iii) any period during which an employee has been paid as a casual; and (iiiiv) any other absence of the Employee employee except such absences as are included in service by virtue of subclause 43.4(a42.4(a). (c) Subject to the provisions of subclauses 43.4(a42.4(a) and 43.4(b)42.4(b) , the service of an Employee employee will not be deemed to have been broken: (i) by resignation, if they resign from one Western Australian Public Sector Employer and commences with another Western Australian Public Sector Employer within one working week of the expiration of any period for which payment in lieu of Annual Leave annual leave and/or public holidays has been made by the Employer from which the Employee employee resigned, or, if no such payment has been made, within one working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (1) the Employee employee resumes employment with a Western Australian Public Sector Employer not later than six months from the day on which their employment ended; and (2) payment pursuant to subclause 43.11 42.11 has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.

Appears in 1 contract

Samples: Industrial Agreement

Service counted for Long Service Leave. (ai) For the purpose of this clause these conditions “service” means service as an Employee a Health Worker of a Western Australian Public Sector Employer Authority and will be deemed to include: (i) absence of the Employee on an Annual Leave or public holidays;include:- (ii) absence of the Employee Health Worker on an annual leave or public holidays. (iii) absence of the Health Worker on paid sick or on an approved rostered day off;. (iiiiv) absence of the Employee Health Worker on approved sick leave without pay except that portion of a continuous absence which exceeds three (3) months;. (ivv) absence of the Employee Health Worker on approved leave without pay, without pay other than sick leave but not exceeding two weeks’ (2) weeks in any qualifying period;. (vvi) absence of the Employee Health Worker on National Service or other military training, but only if the difference between the EmployeesHealth Workers’ military pay and their his/her civilian pay is made up or would, but for the fact that their his military pay exceeds their his/her civilian pay, be made up by their his/her Employer;. (vivii) absence of the Employee Health Worker on worker’s compensation for any period not exceeding six (6) months, or for such greater period as the Employer may allow; (viiviii) absence of the Employee Health Worker on Long Service Leave;long service leave. (viiiix) absence of an Employee a Health Worker on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ixx) employment in the service of the Commonwealth or another State of Australia as provided in subclause 43.16sub-clause 31.16. (b) The service of an Employee a Health Worker will be deemed not NOT to include:include:- (i) service of an Employee a Health Worker after the day on which they have he/she has become entitled to 26 weeks’ Long Service Leave weeks long service leave until the day on which they commence he/she commences the taking of 13 weeks’ thirteen (13) weeks of that leave;. (ii) any period of service with an Employer of less than 12 twelve (12) months. Provided where an Employee a Health Worker has service of a month or more but less than 12 twelve (12) months immediately prior to being transferred by one State Government Employer to another, ; becoming redundant or qualifying for pro rata payment payments in lieu of leave pursuant to subclause 43.11sub-clause 31.11 of this clause, such period of service will count; and; (iii) any period during which a Health Worker has been paid as a casual; (iv) any other absence of the Employee Health Worker except such absences as are included in service by virtue of subclause 43.4(asub-clause 31.4(a).; and (c) Subject to the provisions of subclauses 43.4(asub-clauses 31.4(a) and 43.4(b(b), of these conditions the service of an Employee a Health Worker will not be deemed to have been broken:; (i) by resignation, if they resign he/she resigns from one Western Australian Public Sector Employer public authority in this State and commences with another Western Australian Public Sector Employer public authority in this State within one (1) working week of the expiration of any period for which payment in lieu of Annual Leave annual leave and/or public holidays has been made by the Employer from which the Employee Health Worker resigned, or, if no such payment has been made, within one (1) working week of the day on which their his resignation becomes become effective; (ii) if their his/her employment is ended by their his/her Employer for any reason other than serious misconduct, but only if: (1) the Employee resumes employment with a Western Australian Public Sector Employer not later than six months from the day on which their employment ended; and (2) payment pursuant to subclause 43.11 has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.if -

Appears in 1 contract

Samples: Industrial Agreement

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