35. Annual leave

35.1.  All staff, other than casuals, shall be entitled to 20 working days per year (pro-rata) annual leave for each completed 12-month period. Annual leave accruals shall be uncapped. Leave will be calculated on a fortnightly basis from commencement of employment. All unused leave entitlements will be paid out on termination.

35.2.  In addition to the general entitlement in clause 35.1 the following categories of staff are entitled to additional leave per year accrued on a fortnightly basis as follows:

35.3.  Academic staff will normally be required to take their full yearly annual leave entitlement during December to January each year, unless another period is approved by the delegate and the period is recorded in the University’s HR system. In the absence of an alternative period being approved by 1 December each year, the staff member will be rostered on leave for the balance of their current full year’s leave entitlement from the first working day in the following January and their annual leave balance will be reduced accordingly.

Leave management

35.4.  Annual leave accrual of more than six weeks (pro-rata for part time staff) will be regarded as ‘excess leave’ for the purposes of this clause.

35.5.  Where a staff member has accrued excess leave, and has not applied for leave which will eliminate the excess, the University will notify the staff member that leave must be taken at a mutually agreed time within the next four months. The amount of leave to be taken must be sufficient to reduce the staff member's excess leave, including leave accrued during the notice period, to below four weeks (pro-rata) of annual leave accrual.

35.6.  Where a staff member has not sufficiently reduced their excess leave balance in accordance with clause 35.5, the University will require the staff member to take the specified period of leave. A staff member will not be required to take the specified period of leave where an agreed leave management plan has been approved.

Purchasing or cashing out of annual leave

35.7.  A staff member other than a casual may:

1. subject to approval by the delegate, purchase extended leave in accordance with University procedure including options such as leave purchasing, purchasing leave with leave loading, deferred salary and 48/52 arrangements. Approval for such arrangements, while considering operational requirements, will not be unreasonably withheld. The University agrees to develop these options with the parties to this Agreement; and/or
2. make an application to the Director - Human Resources to have their annual leave accrual cashed out due to financial hardship.

35.8.   Payments made under this clause are not superannuable, nor does the cashed out leave count as service.

Annual leave loading

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

1. the maximum annual leave loading payable will not exceed the average weekly earnings for all males in the May quarter of the year preceding payment, as published by the Australian Bureau of Statistics;
2. a staff member who continues to receive penalty rates, or an associated allowance, while on annual leave will not be eligible for annual leave loading if their penalty rate, or allowance rate, is equivalent to, or exceeds, 17.5% of 20 days’ pay; and
3. a staff member who continues to receive penalty rates, or an associated allowance, while on annual leave which is less than 17.5% will be eligible for payment of annual leave loading equivalent to the difference between such rates and 17.5% of 20 days’ pay.

35.10.  Accrued annual leave loading will be paid in the second pay of each calendar year, and on termination any pro rata balance will be paid.

Leave application conditions

35.11.  Where practicable, all staff are required to submit a leave application in advance of the leave being taken.

35.12.  Subject to appropriate notice and operational requirements of the work area, a staff member with sufficient credit should be able to take at least 20 days’ annual leave in an unbroken period. Such leave will not be unreasonably refused.

35.13.  Some areas, for example teaching academics and student administrative areas, have operational restrictions on when leave is taken and/or periods during which leave cannot or must be taken.

35.14.  Annual leave cannot be taken in advance of accruals, except in exceptional circumstances to be determined by the delegate. The University will deduct annual leave balance debits from termination pay.

35.15.  Staff on externally funded fixed-term appointments may be required to take accrued leave prior to the expiry of their appointment.

35.16.  A staff member who is ill during a period of annual leave or long service leave will have leave entitlements re-credited out of their personal leave balance on submission of a medical certificate.