Common use of Time for and Effect of Making an Election Clause in Contracts

Time for and Effect of Making an Election. A Teacher who at 1 February 2022 has five or more years of service with their current employer who wishes to make an election in accordance with clause 26.1, must do so: (i) on or before 28 February 2022; and (ii) if the Teacher accrues five years of service after 28 February 2022, within two weeks of the commencement of the accrual of five years of service with the School. A Teacher who, pursuant to a previous enterprise agreement in respect of employment with the School, received additional superannuation and a lower rate of long service and no annual leave loading, may elect to continue that arrangement, notwithstanding that the Teacher does not have five years’ service with the Employer as at 1 February 2022. If the Teacher does not make an election within the time provided in clause 26.2(a), the Teacher will be deemed not to have made an election under clause 26.1 and will receive their long service leave at the higher rate of 1.3 weeks for less than 10 years of service and at 2 weeks for more than 10 years of service. A Teacher may only make an election under clause 26.1 once during the life of the Agreement.