Common use of Taking of Leave Clause in Contracts

Taking of Leave. 5.3.1 The taking of leave will, as far as practicable, be correlated with the running of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to the date and time when the Employee can most conveniently return to duty. 5.3.2 The Employee may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard during the period of leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on leave but in relation to which the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either leave without pay or as leave in advance in accordance with clause 5.4 or in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will apply. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 3 contracts

Samples: Union Collective Agreement, Union Collective Agreement, Union Collective Agreement

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Taking of Leave. 5.3.1 The 49.5.1 When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is agreed between the Employer and an Employee, or in default of agreement as far as practicableis determined by Fair Work Commission, be correlated with provided that no such agreement shall require such leave to commence before the running expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such agreement. 5.3.2 The Employee may elect to receive payment for all 49.5.2 Any long service leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. 49.5.3 If the Employer and an Employee so agree: a. the first six months long service leave to which an Employee becomes entitled under Section 2 may be taken in two or three separate periods; and b. any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on leave but becomes entitled may be taken in relation two separate periods provided that the period referred to which the Employee has insufficient accrued leave in paragraph (excluding annual leavea) shall be taken as either in one period. 49.5.4 The Employer may by agreement with an Employee xxxxx xxxx service leave without pay or as to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten years' service. 49.5.5 Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with the running is determined by a member of the Vessel. The period Fair Work Commission; provided that no such determination shall require such leave to commence before the expiry of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all (b) Any long service leave shall be inclusive of their leave entitlement when they sign any public holiday; or accrued day off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree: (i) the first six months long service leave to which an Employee becomes entitled under this part may be taken in two or three separate periods; and (ii) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two separate periods; but save as aforesaid long service leave but shall be taken in relation one period. (d) The Employer may by agreement with an Employee xxxxx xxxx service leave to which the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave completed ten years’ service. (excluding annual leavee) shall be Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When leave is to be taken (b) How leave is to be taken (c) Long service leave in advance (i) Subject otherwise to this Part 3 and in accordance with s.8(1) of the LSL Act, an Employer may agree to an Employee taking long service leave prior to them completing 7 years of continuous employment and at any time before they become entitled to long service leave. (ii) If an Employee takes long service leave in advance and the Employee's employment ends before the entitlement to the leave would otherwise have accrued: A. the amount paid for the proportion of leave will, as far as practicable, be correlated with which the running of Employee will not become entitled becomes an amount owed by the Vessel. The period of absence granted will approximate as closely as possible both Employee to the actual Employer; B. the Employer may deduct this amount of leave due from any payment owed to the Employee as a result of the ending of employment; and C. the relevant period of service will not count as a period in respect of which long service leave has already been taken (or paid in lieu) for the purpose of clause 57.5(b) above (Periods that count towards Continuous Service for Group A and to the date and time when the Employee can most conveniently return to dutyGroup B Employees). 5.3.2 The Employee (d) Flexible taking of leave: double leave at half pay (i) An employee may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of request an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard during double the period of long service leave provided for by this clause, that component of leave accrued shall remain credited at half pay. (ii) An Employer must grant such a request unless: A. granting the request would result in an additional cost to the Employee. Any period in relation to which Employer; or B. the Employee is on leave but in relation to which Employer otherwise has reasonable business grounds for refusing the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either leave without pay or as leave in advance in accordance with clause 5.4 or in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyrequest. 5.3.7 All other authorised absences(iii) Employees should seek independent advice regarding the taxation and superannuation implications of seeking payment under this subclause 57.15(d). The Employer will not be held responsible in any way for the cost or outcome of any such advice. (iv) The Employer, including annual if requested by the Employee, will provide information as to the amount of tax the Employer intends to deduct where payment of long service leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of sought under this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swingsubclause.

Appears in 2 contracts

Samples: Victorian Institute of Forensic Mental Health Services Enterprise Agreement 2020 2024, Enterprise Agreement

Taking of Leave. 5.3.1 The 58.8.1 When an employee becomes entitled to Long Service Leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with is determined by FWC: provided that no such determination shall require such leave to commence before the running expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all 58.8.2 Any Long Service Leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. 58.8.3 If the Employer and an employee so agree: a. the first six months Long Service Leave to which an employee becomes entitled under this determination may be taken in two or three separate periods; and b. any subsequent period of leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation Long Service Leave to which the Employee is on leave employee becomes entitled may be taken in two separate periods, but in relation to which the Employee has insufficient accrued leave (excluding annual leave) save as aforesaid long service shall be taken as either in one period; or c. at the request of the employee and with the agreement of the Employer, long service leave without pay or as may be taken in weekly periods with a minimum of one week on each occasion; d. An Employer may by agreement with an employee xxxxx Xxxx Service Leave to the employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the employee has completed ten years service. 58.8.4 Where the employment of an employee who has taken Long Service Leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to Long Service Leave has accrued, the Employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the employee in respect of the leave in advance in accordance with clause 5.4 or in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Taking of Leave. 5.3.1 The 49.5.1 When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is agreed between the Employer and an Employee, or in default of agreement as far as practicableis determined by Fair Work Australia, be correlated with provided that no such agreement shall require such leave to commence before the running expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such agreement. 5.3.2 The Employee may elect to receive payment for all 49.5.2 Any long service leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. 49.5.3 If the Employer and an Employee so agree: a. the first six months long service leave to which an Employee becomes entitled under Section 2 may be taken in two or three separate periods; and b. any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on leave but becomes entitled may be taken in relation two separate periods provided that the period referred to which the Employee has insufficient accrued leave in paragraph (excluding annual leavea) shall be taken as either in one period. 49.5.4 The Employer may by agreement with an Employee xxxxx xxxx service leave without pay or as to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten years' service. 49.5.5 Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 2 contracts

Samples: Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers & Administrative Officers) Multiple Enterprise Agreement 2011 2015, Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers & Administrative Officers) Multiple Enterprise Agreement 2011 2015

Taking of Leave. 5.3.1 The (a) Where a Biomedical Engineer becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicableis determined by FWC, be correlated with provided that no such determination shall require such leave to commence before the running expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all (b) Any long service leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard public holidays occurring during the period when the leave is taken. (c) If the Employer and a Biomedical Engineer so agree: (i) the first six months long service leave to which a Biomedical Engineer becomes entitled under this determination may be taken in two or three separate periods; and (ii) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on Biomedical Engineer becomes entitled may be taken in two separate periods. But save for the aforesaid long service leave but in relation to which the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either in one period. (d) An Employer may by agreement with a Biomedical Engineer xxxxx xxxx service leave without pay or as to the Biomedical Engineer before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Biomedical Engineer has completed ten years’ service. (e) Where the employment of a Biomedical Engineer who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the Biomedical Engineer in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 2 contracts

Samples: Enterprise Agreement, Biomedical Engineers (Victorian Public Sector) Enterprise Agreement 2022 2023

Taking of Leave. 5.3.1 The taking of leave will, as far as practicable, be correlated with the running (a) Four weeks’ notice of the Vesseldate from which an Employee shall commence his or her annual leave shall be given by either the Employer (subject to paragraph (b) below) or Employee unless otherwise mutually agreed upon between the parties concerned. (b) An Employee with an accrued annual leave entitlement can apply for annual leave at any time (including single day leave) and such request will not be unreasonably refused by the Employer. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Where agreement cannot be reached between an Employee and Employer as to when annual leave can be taken, the date and time when the Employee can most conveniently return to duty. 5.3.2 The Employee Employer may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable require the Employee to take such leave at a time agreed with their immediate reliefdirected by the Employer, provided that the Company is notified in writing, prior to the mutual swing and provided there will Employee may only be no additional cost incurred by the Company. 5.3.5 If an Employee elects not directed to take all or part of their annual excessive leave as accrued in accordance with the Australian Fair Pay and Conditions Standard during the period of leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on leave but in relation to which the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either leave without pay or as leave in advance in accordance with clause 5.4 53.7 below (i) In the case of nurses, a period of two (2) years after the date upon which the right to such annual leave accrues. (ii) In the case of Personal Care Workers and HASA staff, a period of 18 months after the date upon which the right to such annual leave accrues. (c) Except as provided in paragraph (d) below if the Employee and the Employer so agree the annual leave period or either of such separate periods may be taken wholly or partly in advance before the Employee has become entitled to the annual leave. (d) On application by the Employee and by agreement with the Employer annual leave may be taken as single days in each year of employment. These single days may be taken consecutively. Annual leave so taken shall be exempt from the payment in advance requirements below and shall be paid in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applynext pay period. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of entitlement, but the taking of such leave will, as far as practicable, be correlated with the running of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to the date and time when the Employee can most conveniently return to duty. 5.3.2 The Employee may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent postponed to enable the Employee to take such date as is mutually agreed, or in default of agreement (b) Any long service leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will shall be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part inclusive of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree - (i) the first six months' long service leave to which an Employee becomes entitled under this Agreement may be taken in two or three separate periods; and (ii) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two separate periods but save as aforesaid long service leave but shall be taken in relation one period. (d) The Employer may by agreement with an Employee, xxxxx xxxx service leave to which an Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave completed ten years' service. (excluding annual leavee) shall be Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, as far as practicableor in default of (b) Any long service leave shall be inclusive of any public holiday; or accrued day off occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree, long service leave may be correlated taken in separate periods of not less than one week (or two weeks where the leave is taken at half pay) at a time mutually agreed between the Employer and the Employee. A request to take long service leave will not be unreasonably refused. (d) The Employer may by agreement with the running of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of an Employee xxxxx xxxx service leave due to the Employee and before the entitlement to the date and time when the Employee can most conveniently return to duty. 5.3.2 The Employee may elect to receive payment for all of their that leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate reliefhas accrued, provided the Company is notified in writing, prior to the mutual swing and provided there will that such leave shall not be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard during the period of leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on leave but in relation to which granted before the Employee has insufficient accrued leave completed nine years’ service. (excluding annual leavee) shall be Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before the Employee has completed 15 years’ continuous service, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Nursing and Aged Care Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave on the completion by the Employee of fifteen years continuous service, such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with is determined by a member of FWC: provided that no such determination shall require such leave to commence before the running expiry of six months from the Vesseldate of such determination. The period time such leave is taken shall have regard for the Employer unreasonably withheld. Employees are encouraged to provide at least four weeks notice in writing to their manager of absence granted will approximate as closely as possible both their request to the actual amount of leave due to the Employee and to the date and time when the Employee can most conveniently return to dutytake long service leave. 5.3.2 The Employee may elect to receive payment for all (b) Any long service leave shall be inclusive of their leave entitlement when they sign any public holiday; or accrued day off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree: (i) the first six months long service leave to which an Employee becomes entitled under this clause may be taken in two or three separate periods; and (ii) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee becomes entitled may be taken in two separate periods. but save as aforesaid long service leave shall be taken in one period. Provided that the Employer and Employee may mutually agree for the taking of long service leave in separate periods of not less than one week (or two weeks where the long service leave is on taken at half pay). (d) The Employer may by agreement with an Employee xxxxx xxxx service leave but in relation to which the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued completed ten years service, or such lesser period as prescribed in clause 33.1(b)(vi). (e) The time such leave (excluding annual leave) is taken in accordance with this clause 33 shall be by agreement operational requirements, save that such agreement shall not be unreasonably withheld. Unless usual notice requirements are waived by the employer, Employees must provide at least six weeks notice in writing to their manager of their request to take long service leave. In the event of any dispute over the timing of such leave, the dispute resolution procedure of this Agreement shall apply. (f) Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in advance, provided the deduction is not unreasonable in the event circumstances and subject to section 324(1)(b) of the Act. (g) The parties agree that Employees, by mutual agreement, may elect to take double the Company is required to stand down Employeesperiod of their long service leave at half pay. 5.3.6 Subject to meeting the requirements of (i) Applications under this sub-clause 5.6, absences from duty for personal leave purposes will shall be debited at the rate initiative of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyEmployee and shall be in writing. 5.3.7 All other authorised absences(ii) The parties recommend that Employees seek independent advice regarding the taxation implications of seeking payment under this clause. The Employer shall not be held responsible in any way for the cost or outcome of any such advice. (iii) The Employer, including annual leave will if required by the Employee, shall provide information as to the amount of tax the Employer intends to deduct. The Employer shall not be debited from leave accruals on responsible for the basis of eight hours for each Off Swing day. It is an agreed term decision made by the Employee as a result of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swinginformation.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with is determined by the running Fair Work Commission provided that no such determination shall require such leave to commence before the expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all (b) Any long service leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree - the first six months' long service leave to which an Employee becomes entitled under this Agreement may be taken in two or three separate periods; and any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two separate periods but save as aforesaid long service leave but shall be taken in relation one period. (d) The Employer may by agreement with an Employee, xxxxx xxxx service leave to which an Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave completed ten years' service. (excluding annual leavee) shall be Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When a practitioner becomes entitled to long service leave, such leave will be granted by the Service within six (6) months from the date of the entitlement but the taking of such leave will, may be postponed to such date as far as practicable, be correlated with the running of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to the date and time when the Employee can most conveniently return to dutyis mutually agreed. 5.3.2 The Employee may elect to receive payment for all of their (b) Any long service leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part inclusive of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. (c) If the service and a practitioner so agree: (i) the first six months long service leave to which a practitioner becomes entitled may be taken in two or three separate periods; and (ii) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on leave but in relation to which the Employee has insufficient accrued leave (excluding annual leave) shall practitioner becomes entitled may be taken as either in two separate periods. (d) The service may by agreement with a practitioner xxxxx xxxx service leave without pay or as to the practitioner before entitlement to that leave has accrued; provided that such leave will not be granted before the practitioner has completed ten years' service. (e) where the employment of a practitioner who has taken long service leave in advance is subsequently terminated for serious and willful misconduct before entitlement to long service leave has accrued, the employer may, from whatever remuneration is payable to the practitioner upon termination, deduct and withhold an amount in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Single Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with the running is determined by a member of the Vessel. The period Fair Work Commission; provided that no such determination shall require such leave to commence before the expiry of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all (b) Any long service leave shall be inclusive of their leave entitlement when they sign any public holiday; or accrued day off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree: (i) the first six months long service leave to which an Employee becomes entitled under this part may be taken in two or three separate periods; and (ii) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two separate periods; but save as aforesaid long service leave but shall be taken in relation one period. (d) The Employer may by agreement with an Employee xxxxx xxxx service leave to which the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave completed seven years’ service. (excluding annual leavee) shall be Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The 42.5.1 When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is agreed between the Employer and an Employee, or in default of agreement as far as practicableis determined by Fair Work Commission, be correlated with provided that no such agreement shall require such leave to commence before the running expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such agreement. 5.3.2 The Employee may elect to receive payment for all 42.5.2 Any long service leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. 42.5.3 If the Employer and an Employee so agree: a. the first six months long service leave to which an Employee becomes entitled under this Agreement may be taken in two or three separate periods; and b. any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on leave but becomes entitled may be taken in relation two separate periods provided that the period referred to which the Employee has insufficient accrued leave in paragraph (excluding annual leavea) shall be taken as either in one period. 42.5.4 The Employer may by agreement with an Employee xxxxx xxxx service leave without pay or as to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten years' service. 42.5.5 Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The taking of leave will, as far as practicable, be correlated with the running (a) Four (4) weeks’ notice of the Vesseldate from which an Employee intends to commence their annual leave shall be given by either the Employer (subject to paragraph (c) below) or Employee unless otherwise mutually agreed upon between the parties concerned. The period of absence granted Employer will approximate as closely as possible both respond to the actual amount annual leave request within two (2) weeks. (b) In considering requests for annual leave, Mecwacare will make all reasonable efforts to achieve an equitable approval process having regard to, among other relevant considerations, leave history over the preceding year(s) and during particular periods such as Christmas, Easter, school holidays, culturally significant periods and recency of leave, save that Mecwacare will not unreasonably refuse an Employee’s request for annual leave. (c) An Employee with an accrued annual leave due to entitlement can apply for annual leave at any time (including single day leave) and such request will not be unreasonably refused by the Employer. Where agreement cannot be reached between an Employee and Employer as to when excessive annual leave can be taken, the date and time when the Employee can most conveniently return to duty. 5.3.2 The Employee Employer may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable require the Employee to take such leave at a time agreed with their immediate reliefdirected by the Employer, provided that this can only occur in accordance with clause 55.7below (d) Except as provided in paragraph (e) below if the Company is notified Employee and the Employer so agree the annual leave period or either of such separate periods may be taken wholly or partly in writing, prior advance before the Employee has become entitled to the mutual swing and provided there will be no additional cost incurred annual leave. (e) On application by the CompanyEmployee and by agreement with the Employer annual leave may be taken as single days in each year of employment. These single days may be taken consecutively. Annual leave so taken shall be exempt from the payment in advance requirements below and shall be paid in the next pay period. 5.3.5 If an (f) An Employee elects not to take all or part of may utilise their annual leave as accrued in lieu of personal/carer’s leave if they have exhausted their personal/carer’s leave entitlements and: (i) The Employee requests to utilise their annual leave; and (ii) There has not been a previous request for leave made on the same day In these circumstances, an Employee is not expected to provide more notice than would be required for personal/carer’s leave but an Employee will be required to provide evidence to support their absence, in accordance with the Australian Fair Pay and Conditions Standard during the period of personal/carer’s leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on leave but in relation to which the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either leave without pay or as leave in advance in accordance with clause 5.4 or in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will apply. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The 43.8.1 When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with is determined by the running FWC provided that no such determination shall require such leave to commence before the expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all 43.8.2 Any long service leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. 43.8.3 If the Employer and an Employee so agree - (a) the first six months long service leave to which an Employee becomes entitled under this Agreement may be taken in two or three separate periods; and (b) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two separate periods but other than as provided above long service leave but shall be taken in relation one period. 43.8.4 The Employer may by agreement with an Employee, xxxxx xxxx service leave to which an Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave (excluding annual leave) shall be completed ten years service. 43.8.5 Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

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Taking of Leave. 5.3.1 The taking of leave will, as far as practicable, be correlated with the running (a) Four weeks’ notice of the Vesseldate from which an Employee shall commence his or her annual leave shall be given by either the Employer (subject to paragraph (b) below) or Employee unless otherwise mutually agreed upon between the parties concerned. (b) An Employee with an accrued annual leave entitlement can apply for annual leave at any time (including single day leave) and such request will not be unreasonably refused by the Employer. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Where agreement cannot be reached between an Employee and Employer as to when annual leave can be taken, the date and time when the Employee can most conveniently return to duty. 5.3.2 The Employee Employer may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable require the Employee to take such leave at a time agreed with their immediate reliefdirected by the Employer, provided that the Company is notified in writingEmployee cannot be directed to take such leave before the expiration of: (i) In the case of nurses, prior a period of two (2) years after the date upon which the right to the mutual swing and provided there will be no additional cost incurred by the Companysuch annual leave accrues. 5.3.5 If an Employee elects not (ii) In the case of Personal Care Workers and HASA staff, a period of 18 months after the date upon which the right to take all or part of their such annual leave accrues. (c) Except as accrued provided in accordance with the Australian Fair Pay and Conditions Standard during the period of leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which paragraph (d) below if the Employee is on and the Employer so agree the annual leave but period or either of such separate periods may be taken wholly or partly in relation to which advance before the Employee has insufficient accrued leave (excluding become entitled to the annual leave. (d) shall On application by the Employee and by agreement with the Employer annual leave may be taken as either single days in each year of employment. These single days may be taken consecutively. Annual leave without pay or as leave so taken shall be exempt from the payment in advance in accordance with clause 5.4 or requirements below and shall be paid in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applynext pay period. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The When an employee becomes entitled to long service leave such leave shall be granted by RIG within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such a date as is mutually agreed, or in default of agreement as far as practicable, be correlated with determined by the running Commission provided that such leave is not to commence before the expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to duty. 5.3.2 The Employee may elect to receive payment for all of their such determination. Any long service leave entitlement when they sign shall be inclusive of any public holiday or accrued day off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard occurring during the period when leave is taken. If RIG and an employee so agree: 1) the first six months long service leave to which an employee becomes entitled under this agreement may be taken in two or three separate periods; and 2) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on employee becomes entitled may be taken in two separate periods; or 3) in multiples of two week periods; 4) except as above long service leave but in relation to which the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either in one period. RIG may by agreement with an employee xxxxx xxxx service leave without pay or as to the employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the employee has completed ten years’ service. Where the employment of an employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, RIG may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Collective Workplace Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with the running is determined by a member of the Vessel. The period Commission: provided that no such determination shall require such leave to commence before the expiry of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all (b) Any long service leave shall be inclusive of their leave entitlement when they sign any public holiday; or accrued day off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree: (i) the first six months long service leave to which an Employee becomes entitled under this part, and any corresponding leave taken at half pay under clause 21.2, may be taken in two or three separate periods; and (ii) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two separate periods. but save as aforesaid long service leave but shall be taken in relation one period. (d) An Employer may by agreement with an Employee xxxxx xxxx service leave to which the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave completed ten years service. (excluding annual leavee) shall be Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Multiple Employer Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with the running is determined by a member of the Vessel. The period Commission: provided that no such determination shall require such leave to commence before the expiry of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all (b) Any long service leave shall be inclusive of their leave entitlement when they sign any public holiday; or accrued day off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree: (i) the first six months long service leave to which an Employee becomes entitled under this part, and any corresponding leave taken at half pay under clause 0, may be taken in two or three separate periods; and (ii) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two separate periods. but save as aforesaid long service leave but shall be taken in relation one period. (d) An Employer may by agreement with an Employee xxxxx xxxx service leave to which the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave completed ten years service. (excluding annual leavee) shall be Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Multiple Employer Agreement

Taking of Leave. 5.3.1 The (a) When an employee becomes entitled to Long Service Leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with is determined by FWC: provided that no such determination shall require such leave to commence before the running expiry of the Vessel. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all (b) Any Long Service Leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. (c) If the Employer and an employee so agree: (i) the first six months Long Service Leave to which an employee becomes entitled under this determination may be taken in two or three separate periods; and (ii) any subsequent period of leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation Long Service Leave to which the Employee is on leave employee becomes entitled may be taken in two separate periods, but in relation to which the Employee has insufficient accrued leave (excluding annual leave) save as aforesaid long service shall be taken as either in one period; or (iii) at the request of the employee and with the agreement of the Employer, long service leave without pay or as may be taken in weekly periods with a minimum of one week on each occasion. (iv) An Employer may by agreement with an employee xxxxx Xxxx Service Leave to the employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the employee has completed ten years' service. (d) Where the employment of an employee who has taken Long Service Leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to Long Service Leave has accrued, the Employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the employee in respect of the leave in advance in accordance with clause 5.4 or in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with the running is determined by a member of the Vessel. The period Fair Work Commission; provided that no such determination shall require such leave to commence before the expiry of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all (b) Any long service leave shall be inclusive of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard any public holiday occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree: (i) The first six months long service leave to which an Employee becomes entitled under this Clause may be taken in two or three separate periods; and (ii) Any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two separate periods; But save as aforesaid long service leave but shall be taken in relation one period. (d) The Employer may by agreement with an Employee xxxxx xxxx service leave to which the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either leave without pay or as leave in advance in accordance with clause 5.4 or in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applycompleted ten years’ service. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The taking of leave will, as far as practicable, be correlated with the running (a) Four weeks’ notice of the Vesseldate from which an Employee shall commence his or her annual leave shall be given by either the Employer (subject to paragraph (b) below) or Employee unless otherwise mutually agreed upon between the parties concerned. (b) An Employee with an accrued annual leave entitlement can apply for annual leave at any time (including single day leave) and such request will not be unreasonably refused by the Employer. The period of absence granted will approximate as closely as possible both to the actual amount of leave due to the Where agreement cannot be reached between an Employee and Employer as to when annual leave can be taken, subject to paragraph (e) below, the date and time when the Employee can most conveniently return to duty. 5.3.2 The Employee Employer may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable require the Employee to take such leave at a time agreed with their immediate reliefdirected by the Employer, provided that the Company is notified in writing, prior to the mutual swing and provided there will Employee cannot be no additional cost incurred by the Company. 5.3.5 If an Employee elects not directed to take all or part of their annual leave as accrued excessive leave, except in accordance with clause 53.7 below. (c) Except as provided in paragraph (d) below if the Australian Fair Pay Employee and Conditions Standard the Employer so agree the annual leave period or either of such separate periods may be taken wholly or partly in advance before the Employee has become entitled to the annual leave. (d) On application by the Employee and by agreement with the Employer annual leave may be taken as single days in each year of employment. These single days may be taken consecutively. Annual leave so taken shall be exempt from the payment in advance requirements below and shall be paid in the next pay period. (e) An Employee must take an amount of annual leave during a particular period if: (i) the Employee is directed to do so by his or her Employer; and (ii) at the time that the direction is given, the Employee has annual leave credited to him or her of more than 1/13 of the number of nominal hours worked by the Employee for the Employer during the period of leave provided for by this clause, 104 weeks ending at the time that component the direction is given; and (iii) the amount of leave accrued shall remain credited to the Employee. Any period in relation to which annua11eave that the Employee is on directed to take is less than, or equal to, 1/4 of the amount of credited annual leave but in relation to which of the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either leave without pay or as leave in advance in accordance with clause 5.4 or in at the event time that the Company direction is required to stand down Employees 5.3.6 Subject to meeting given. The timing of the requirements of clause 5.6, absences from duty for personal annual leave purposes will can be debited at the rate of eight hours for each day except where Employees' choosing, but it cannot be later than 4 weeks after the absence direction is less than one day, when a debit for each hour of absence will applygiven by the Employer. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The taking of (a) When an Employee becomes entitled to long service leave will, as far as practicable, such leave shall be correlated with granted by the running Employer within six months from the date of the Vessel. entitlement, under clause 59.1(b), save that:, (i) long service leave may be postponed to a mutually agreeable date; and (ii) if agreement cannot be reached, the date will be determined in accordance with clause 64 – Dispute Resolution Procedure, provided that such a determination will not require leave to commence before six months from the date of such determination. (b) Any long service leave shall be inclusive of any public holiday; or accrued day off occurring during the period when the leave is taken, (c) If the Employer and an Employee so agree, long service leave will be taken: (i) in one period or more periods, with each period being not less than one (1) week (unless an agreement to take single days has been made in writing); or (ii) any other way agreed upon by the Employer and Employee. (d) The period of absence granted will approximate as closely as possible both to the actual amount of Employer may by agreement with an Employee xxxxx xxxx service leave due to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed seven (7) years’ service. (e) Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the date Employee upon termination deduct and time when withhold an amount equivalent to the amount paid to the Employee can most conveniently return to duty. 5.3.2 The Employee may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period in respect of the roster cycle.leave in advance. 59.6 Definitions 5.3.3 The normal roster cycle will consist (a) For the purpose of this clause the following definitions apply: (i) Pay means the remuneration for an On Swing period Employee’s ordinary hours of work followed by a corresponding period of Off Swingwork, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending based on the trading of average hours worked (including time on authorised leave), either over the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relieflast one, provided the Company three or five years, whichever is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard during the period of leave provided for by this clause, that component of leave accrued shall remain credited more beneficial to the Employee. Any period in relation to which the Employee is on leave but in relation to which the Employee has insufficient accrued leave (excluding annual leave) shall be taken as either leave without pay or as leave in advance in accordance with clause 5.4 or in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at Such average hours and the rate of eight hours for each day except where pay are to be calculated at the absence time the leave is less than one daytaken or is paid out, when or at the time of the death of the Employee (ii) Month shall mean a debit for each hour of absence will applycalendar month. 5.3.7 All other authorised absences(iii) Transfer includes transmission, including annual leave will be debited from leave accruals on the basis conveyance, assignment or succession whether by agreement or by operation of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swinglaw and transferred has a corresponding interpretation.

Appears in 1 contract

Samples: Enterprise Agreement

Taking of Leave. 5.3.1 The 3.1. When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six (6) months from the date of the entitlement, but the taking of such leave willmay be postponed to such date as is mutually agreed, or in default of agreement as far as practicable, be correlated with the running is determined by a member of the Vessel. The period Australian Industrial Relations Commission: provided that no such determination shall require such leave to commence before the expiry of absence granted will approximate as closely as possible both to the actual amount of leave due to the Employee and to six (6) months from the date and time when the Employee can most conveniently return to dutyof such determination. 5.3.2 The Employee may elect to receive payment for all 3.2. Any long service leave shall be inclusive of their leave entitlement when they sign any public holiday; or accrued day off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable the Employee to take leave at a time agreed with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Company. 5.3.5 If an Employee elects not to take all or part of their annual leave as accrued in accordance with the Australian Fair Pay and Conditions Standard occurring during the period when the leave is taken. 3.3. If the Employer and an Employee so agree: (a) the first six (6) months long service leave to which an Employee becomes entitled under this part may be taken in two (2) or three (3) separate periods; and (b) any subsequent period of long service leave provided for by this clause, that component of leave accrued shall remain credited to the Employee. Any period in relation to which the Employee is on becomes entitled may be taken in two (2) separate periods, but save as aforesaid long service leave but shall be taken in relation one (1) period. 3.4. An Employer may by agreement with an Employee xxxxx xxxx service leave to which the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has insufficient accrued leave completed ten (excluding annual leave10) shall be years service. 3.5. Where the employment of an Employee who has taken as either leave without pay or as long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in accordance with clause 5.4 or respect of the leave in the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will applyadvance. 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Royal District Nursing Service LTD Victorian Operations Enterprise Agreement 2016

Taking of Leave. 5.3.1 The taking of a. When leave will, as far as practicable, is to be correlated with taken Long service leave will be granted by the running Employer within six months from the date of the Vessel. The period entitlement arising under clause 67.4asave that: (i) long service leave may be postponed to a mutually agreeable date; (ii) if agreement cannot be reached: (A) for a full-time Employee, part-time Employee, or Locum Pharmacist, the date will be determined by FWC: provided that no such determination shall require such leave to commence before the expiry of absence granted will approximate as closely as possible both to six months from the actual amount date of leave due to such determination; and (B) for a Regular Casual Employee: (1) the date may be determined by the Employee and to save that the Employer may refuse the date and time when nominated by an Employee on reasonable business grounds.; or (2) the Employee can most conveniently return to duty. 5.3.2 The Employee Employer may elect to receive payment for all of their leave entitlement when they sign off the Vessel to commence the Off Swing period of the roster cycle. 5.3.3 The normal roster cycle will consist of an On Swing period of work followed by a corresponding period of Off Swing, each being of seven weeks duration and variable by up to one week either side to minimize travel costs depending on the trading of the Vessel. 5.3.4 These arrangements may be varied by mutual consent to enable direct the Employee to take long service leave at a specified time agreed and for a specified period by giving the Employee at least 12 weeks' written notice. Subject to an order of the Industrial Division of the Magistrates' Court, the Employee must comply with their immediate relief, provided the Company is notified in writing, prior to the mutual swing and provided there will be no additional cost incurred by the Companythis direction. 5.3.5 b. How leave is to be taken Long service leave may be taken in any number of periods of no less than one day as agreed between the Employee and the Employer or as otherwise agreed as part of a transition to retirement. c. Long service leave in advance (i) If an Employee elects not has completed ten years' Continuous Service, an Employer may, by agreement, xxxxx xxxx service leave in advance on a pro rata basis. (ii) Supplementary to subclause 67.6c(i) and subject to subclause 67.6c(iii): (A) if a full-time Employee, part-time Employee, or Locum Pharmacist requests to take all or part of their annual long service leave under clause 67.4b, the Employer must grant the Employee's request to take long service leave as accrued in accordance soon as practicable unless the Employer has reasonable business grounds for refusing the request; and/or (B) for a Regular Casual Employee, an Employer may, by agreement with the Australian Fair Pay Employee, xxxxx xxxx service leave in advance on a pro rata basis at any time. (iii) If an Employee takes long service leave in advance and Conditions Standard during the period of leave provided for by this clause, that component of leave accrued shall remain credited Employee's employment ends before the entitlement to the Employee. Any period leave would otherwise have accrued: (A) the Employer may, from whatever amount is payable to the Employee upon termination, deduct the amount paid to the Employee for the leave in relation to respect of which the Employee is on leave but was not entitled, if: (1) in relation to which the case of a full-time Employee, part-time Employee, or Locum Pharmacist, the termination was for serious and wilful misconduct; or (2) in the case of a Regular Casual Employee, the Employee had accrued less than 7 years' Continuous Service with the Employer as at the termination date; and (B) where such a deduction is made, the relevant period of service will not count as a period in respect of which long service leave has insufficient accrued leave already been taken (excluding annual leaveor paid in lieu) shall be taken as either leave without pay or as leave in advance in accordance with clause 5.4 or in for the event that the Company is required to stand down Employees 5.3.6 Subject to meeting the requirements purpose of clause 5.6, absences from duty for personal leave purposes will be debited at the rate of eight hours for each day except where the absence is less than one day, when a debit for each hour of absence will apply67.5aabove (Periods that count towards Continuous Service). 5.3.7 All other authorised absences, including annual leave will be debited from leave accruals on the basis of eight hours for each Off Swing day. It is an agreed term of this Agreement that annual leave shall only be taken during the period an Employee is Rostered Off Swing.

Appears in 1 contract

Samples: Enterprise Agreement

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