Victorian Consolidated Legislation

Mildura Irrigation and Water Trusts Act 1969 - SECT 11

New sections 68A and 68B inserted in Principal Act

11. New sections 68A and 68B inserted in Principal Act

After section 68 of the Principal Act there shall be inserted the following
sections-
'68A. Long service leave

(1) In this section unless inconsistent with the context or subject-matter-



"trust employé" means an officer or employé employed by the Trust who is in
such employment on or after the commencement of the
Mildura Irrigation and Water Trusts Act 1969;







"period", in respect of a period of service served by a Trust employé means a
period in respect of which long service leave or pay in lieu thereof has not
been granted by the Trust.

(2) Every Trust employé who has been employed by the Trust for a period of
fifteen years shall, subject to and in accordance with any regulations, be
entitled to be granted by the Trust four and a half months long service leave
with pay in respect of that period of fifteen years' service and one and a
half months long service leave with pay in respect of each additional period
of five years completed service.

(3) Where-

   (a)  on account of age or ill health a Trust employé retires or his
        services are terminated;

   (b)  a Trust employé dies; or

   (c)  on account of or in anticipation of marriage a female Trust employé
        resigns or has her services terminated-
the Trust employé shall, subject to and in accordance with any regulations, be
entitled, or in the case of death shall be deemed to have been entitled to be
granted by the Trust-
where the completed years of service are not less than five but are less than
fifteen, then in respect of such completed years of service;
where the years of service are more than fifteen, then (in addition to the
entitlements under sub-section (2) of this section) in respect of such
completed years of service (not exceeding four) as exceed the next lower
multiple of five-
long service leave with pay on the basis of one-fifteenth of four and a half
months leave for each such completed year.

(4) Long service leave shall be taken by a Trust employé at a time agreed upon
by the Trust and himself.

(5) Where agreement between the Trust and the Trust employé as required by
sub-section (4), cannot be reached, the matter shall, on the request of either
the Trust or the Trust employé, be placed forthwith before the Minister for
his decision and the decision of the Minister shall be binding on the parties
and effect shall be given thereto.

(6) No Trust employé shall during any period when he is on long service leave
engage in any employment for hire or reward.

(7) Where on account of age or ill health a Trust employé retires or has his
services terminated he may by notice in writing to the Trust elect to take pay
in lieu of the whole or any part of any such leave to which he is then
entitled and the Trust shall grant him pay in lieu thereof accordingly.

(8) Where on account of or in anticipation of marriage a female Trust employé
resigns or has her services terminated, she may by notice in writing to the
Trust elect to take pay in lieu of the whole or any part of such leave and the
Trust on her marriage or in such other special circumstances as the Trust in
its discretion determines shall grant her pay in lieu thereof accordingly.

(9) Where a Trust employé entitled to any such leave or to pay in lieu thereof
dies before or while taking such leave or (as the case may be) before such pay
in lieu is paid the Trust shall to the extent that pay in lieu thereof has not
already been paid to that Trust employé grant pay in lieu of the whole or part
of the leave not taken or (as the case may be) grant the pay in lieu to the
legal personal representative of the deceased Trust employé.

(10) The nature of the service, and the computation of the period of service
which entitled Trust employés to be granted long service leave and the method
of computing pay under this section shall be as prescribed by the regulations.

(11) In the computation of the period of long service leave or pay in lieu
thereof to which any Trust employé is entitled under this section there shall
be taken into account any long service leave or pay in lieu thereof already
granted to him by the Trust.

(12) For the purposes of this section the services of any Trust employé shall
be deemed to be terminated-

   (a)  on account of age-if on or after attaining the age of sixty years he
        ceases to be a Trust employé otherwise than by being dismissed because
        of unsatisfactory service;

   (b)  on account of ill health-if he produces to the Trust satisfactory
        evidence that his ceasing to be an employé is due to ill health which
        is likely to be permanent and is not due to misconduct or to causes
        within his own control.
(13) In this section unless the contrary intention appears "regulations" means
regulations made by the Governor in Council for or with respect to carrying
out the objects and purposes of this section.
68B. Payment in lieu of long service leave to Trust employee in certain
circumstances on resignation or dismissal

(1) Notwithstanding anything in section 68A where a Trust employé within the
meaning of that section with not less than fifteen completed years of service
resigns or is dismissed or for any reason other than age or ill health has his
services terminated, the Trust on the written application of the Trust employé
may, in lieu of long service leave with pay, grant the payment to the Trust
employé of a sum determined by the Trust, which shall not in any case exceed a
sum equal to that of one-fifteenth of four and a half months pay for every
completed year of service:
Provided that no such payment shall be granted for any year of service or part
thereof in respect of which long service leave with pay or pay in lieu thereof
has been taken by the Trust employé.

(2) Where a Trust employé who resigns after not less than ten but less than
fifteen completed years of service satisfies the Trust that his resignation is
justified by domestic or other pressing necessity the Trust, notwithstanding
that he is not entitled to long service leave under this Act, may upon the
written application of the Trust employé grant payment to such employé of a
sum determined by the Trust, which shall not in any case exceed a sum equal to
that of one-fifteenth of four and a half months pay for each completed year of
service.

(3) The Trust shall take into consideration the conduct of the Trust employé
when determining-

   (a)  whether to grant such payment under this section; and

   (b)  where such payment is granted, the sum to be so paid.'.