Common use of Recognised Service Clause in Contracts

Recognised Service. (a) In sub-clause 30.7(b) an "authority" means an authority, whether incorporated or not, that is constituted by or under a law of a State, the Commonwealth or a Territory of Australia for a public purpose. (b) Subject to sub-clause 30.7(c) the following will be recognised as service by La Trobe for the purposes of long service leave ("Recognised Service"): (i) any service with a State or Commonwealth Government Department; or (ii) any service with an authority of a State or Commonwealth Government Department; or (iii) any service in the Public Service, the Teaching Service or in an authority of a Territory of Australia; or (iv) any service with a local governing body that is established by or under a law of a State; or (v) any service with a body set up by legislation primarily and exclusively to achieve a Government purpose and upon which Government has substantial control or influence beyond the usual level of scrutiny of Government funded bodies; provided that such service is only recognised if the body described above recognises for long service leave purposes service with the Victorian Public Service. Provided further that the amount of service that the University may recognise from the last employer shall be up to 10 years, provided there is no break in service exceeding twelve (12) continuous months. The University may require a period of up to three (3) years’ service to be completed before an employee is eligible to take long service leave. An employee shall make any claim for recognition of prior service within six months of appointment. Renewal or extension of a fixed-term contract does not constitute a new appointment for the purpose of this Clause. (c) Service for the purpose of long service leave does not include any period of service: (i) which preceded a continuous gap in approved Recognised Service of greater than twelve (12) months other than: A. an absence of three (3) years or less in the nature of retirement occasioned by disability; or B. an absence of two (2) years or less which in the opinion of the Employer was caused by special circumstances; or C. during any absence from duty on maternity, paternity/partner or adoption leave without pay; or (ii) except to the extent (if any) authorised by the Employer, during any other absence on leave without pay; or (iii) during any absence from duty when the Employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or any corresponding previous enactment, other than the first 12 months of that period; or (iv) (which followed the date on which a pension under the State Superannuation Act 1988 (Vic) (or similar provision applying to persons on the staff of a declared authority) became payable by reason of retirement on the ground of disability, other than a period not exceeding twelve (12) months during which a pension under section 83(3) of that Act (or similar provision applying to persons on the staff of a declared authority) was paid; or (v) from which the Employee was dismissed for disciplinary reasons; or (vi) which preceded the resignation of the Employee from the public service or the termination of the Employee's employment in the public service if on that resignation or termination the Employee received a sum characterised as a voluntary departure incentive or a targeted separation payment that was additional to his or her entitlements under any Act or agreement.

Appears in 1 contract

Sources: Collective Agreement

Recognised Service. (a) In sub-clause 30.7(b31.7(b) an "authority" means an authority, whether incorporated or not, that is constituted by or under a law of a State, the Commonwealth or a Territory of Australia for a public purpose. (b) Subject to sub-clause 30.7(c31.7(c) the following will be recognised as service by La Trobe for the purposes of long service leave ("Recognised Service"): (i) any service with a State or Commonwealth Government Department; or (ii) any service with an authority of a State or Commonwealth Government Department; or (iii) any service in the Public Service, the Teaching Service or in an authority of a Territory of Australia; or (iv) any service with a local governing body that is established by or under a law of a State; or (v) any service with a body set up by legislation primarily and exclusively to achieve a Government purpose and upon which Government has substantial control or influence beyond the usual level of scrutiny of Government funded bodies; provided that such service is only recognised if the body described above recognises for long service leave purposes service with the Victorian Public Service. Provided further that the amount of service that the University may recognise from the last employer shall be up to 10 years, provided there is no break in service exceeding twelve (12) 12 continuous months. The University may require a period of up to three (3) 3 years’ service to be completed before an employee is eligible to take long service leave. An employee shall make any claim for recognition of prior service within six months of appointment. Renewal or extension of a fixed-term contract does not constitute a new appointment for the purpose of this Clause. (c) Service for the purpose of long service leave does not include any period of service: (i) which preceded a continuous gap in approved Recognised Service of greater than twelve (12) 12 months other than: A. an absence of three (3) 3 years or less in the nature of retirement occasioned by disability; or B. an absence of two (2) 2 years or less which in the opinion of the Employer was caused by special circumstances; or C. during any absence from duty on maternity, paternity/partner or adoption leave without pay; or (ii) except to the extent (if any) authorised by the Employer, during any other absence on leave without pay; or (iii) during any absence from duty when the Employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Accident Compensation Act 2013 1985 (Vic) or any corresponding previous enactment, other than the first 12 months of that period; or (iv) (which followed the date on which a pension under the State Superannuation Act 1988 (Vic) (or similar provision applying to persons on the staff of a declared authority) became payable by reason of retirement on the ground of disability, other than a period not exceeding twelve (12) 12 months during which a pension under section 83(3) of that Act (or similar provision applying to persons on the staff of a declared authority) was paid; or (v) from which the Employee was dismissed for disciplinary reasons; or (vi) which preceded the resignation of the Employee from the public service or the termination of the Employee's employment in the public service if on that resignation or termination the Employee received a sum characterised as a voluntary departure incentive or a targeted separation payment that was additional to his or her entitlements under any Act or agreement.

Appears in 1 contract

Sources: La Trobe University Collective Agreement 2014

Recognised Service. (a) In sub-clause 30.7(b31.7(b) an "authority" means an authority, whether incorporated or not, that is constituted by or under a law of a State, the Commonwealth or a Territory of Australia for a public purpose. (b) Subject to sub-clause 30.7(c31.7(c) the following will be recognised as service by La Trobe for the purposes of long service leave ("Recognised Service"): (i) any service with a State or Commonwealth Government Department; or (ii) any service with an authority of a State or Commonwealth Government Department; or (iii) any service in the Public Service, the Teaching Service or in an authority of a Territory of Australia; or (iv) any service with a local governing body that is established by or under a law of a State; or (v) any service with a body set up by legislation primarily and exclusively to achieve a Government purpose and upon which Government has substantial control or influence beyond the usual level of scrutiny of Government funded bodies; provided that such service is only recognised if the body described above recognises for long service leave purposes service with the Victorian Public Service. Provided further that the amount of service that the University may recognise from the last employer shall be up to 10 years, provided there is no break in service exceeding twelve (12) 12 continuous months. The University may require a period of up to three (3) years’ 3 years service to be completed before an employee is eligible to take long service leave. An employee shall make any claim for recognition of prior service within six months of appointment. Renewal or extension of a fixed-term contract does not constitute a new appointment for the purpose of this Clause. (c) Service for the purpose of long service leave does not include any period of service: (i) which preceded a continuous gap in approved Recognised Service of greater than twelve (12) 12 months other than: A. (ii) an absence of three (3) 3 years or less in the nature of retirement occasioned by disability; or B. (iii) an absence of two (2) 2 years or less which in the opinion of the Employer was caused by special circumstances; or C. (iv) during any absence from duty on maternity, paternity/partner or adoption leave without pay; or (iiv) except to the extent (if any) authorised by the Employer, during any other absence on leave without pay; or (iiivi) during any absence from duty when the Employee was in receipt of weekly payments of compensation under the Workplace Injury Rehabilitation and Accident Compensation Act 2013 1985 (Vic) or any corresponding previous enactment, other than the first 12 months of that period; or (ivvii) (which followed the date on which a pension under the State Superannuation Act 1988 (Vic) (or similar provision applying to persons on the staff of a declared authority) became payable by reason of retirement on the ground of disability, other than a period not exceeding twelve (12) 12 months during which a pension under section 83(3) of that Act (or similar provision applying to persons on the staff of a declared authority) was paid; or (vviii) from which the Employee was dismissed for disciplinary reasons; or (viix) which preceded the resignation of the Employee from the public service or the termination of the Employee's employment in the public service if on that resignation or termination the Employee received a sum characterised as a voluntary departure incentive or a targeted separation payment that was additional to his or her entitlements under any Act or agreement.

Appears in 1 contract

Sources: Collective Agreement