INSCRIBED STOCK REGULATIONS, 1954
CHAPTER 4 CHAPTER 4 LONG SERVICE LEAVE
ENTITLEMENT
1. (I) An employee who has completed or hereafter completes no1 less than thirteen years of continuous service shall, subject as hereinaftei provided, be entitled to "Long Service Leave" at the rate of one wee1:
on full pay for each year of his continuous service (which is meritorious:
and a proportion of a week for a part of an incomplete year.
BY-LAWS (CAIRNS) 131 FURTHER LEAVE
(II) An employee who has completed or hereafter completes not less than ten years' continuous service from the date. of commen~ement of a previous period of long-service leave shall, subJect as heremafter pro-
vided again be entitled to long-service leave, such leave to be calculated in re;pect of the whole of his continuous service (which is meritorious) at the rate hereinbefore prescribed after deducting from such leave any long-service leave previously granted to him:
Provided that no officer shall be entitled to further long-service leave under this provision unless and until the minimum period of long-service 1eave which may be granted to him hereunder is thirteen weeks.
LIMIT AT ANY ONE TIME
(III) The minimum period of long service leave which may be granted at any one time is thirteen weeks and the maximum period is twenty-six weeks.
TIME WHEN AND THE MODE AND CONDITIONS UNDER WHICH LONG SERVICE LEAVE MAY BE GIVEN
(IV) (i) An employee who desires to be granted a period of long service leave shall give timely notice of his desire to take such leave and shall make application therefor in writing to the Manager of the Board stating the amount of leave he requires and the date from which he desires such leave to commence.
(ii) The Manager shall submit the application to the Board with details of the applicant's service, and a certificate by the Manager as to the amount of long service leave to which the applicant is entitled.
(iii) Approval of the application shall be contingent upon the Board determining-
( a) That the employee will be entitled under this By-law to the period of leave required at the time at which he desires such leave to commence; and
(b) That leave for that period can be granted to the employee at that time without undue detriment to the Board.
(iv) The Board shall either-
(a) Approve the application of the employee; or
(b) Approve of the application altered with the concurrence of the employee in respect of the period of leave to be granted and/ or the time of the commencement of such leave; or (c) If the Board is not satisfied that the conditions contained in
subparagraphs (a) and (b) of paragraph (iii) of this sub- clause (IV) are or will be complied with it may refuse or defer consideration of the application.
The Manager shall notify the employee in writing of the decision of the Board upon his application and where the application of the employee is approved by the Board, the employee shall, subject as hereinafter provided, be granted long service leave in accordance with such approval.
LEAVE MAY BE DEFERRED OR CANCELLED OR EMPLOYEE MAY BE RECALLED FROM LEAVE
(V) (i) In special or emergent circumstances the Manager may with the approval of the Board-
(a) Defer or cancel any period of long service leave approved in accordance with subclause (IV) hereof;
132 BY-LAWS (CAIRNS)
(b) Recall an employee at any time from an absence on long service leave, whereupon such officer shall resume duty upon the day specified by the Manager.
(ii) An employee so recalled from leave shall be allowed to take the balance of the period of long service leave approved under subclause (IV) hereof at a time mutually agreed upon between the Manager and the employee and approved by the Board, and for the purposes of subclause (II) hereof the period of leave approved shall be deemed to have been taken continuously at the time at which it would have been taken if the officer had not been so recalled.
PAYMENT IN LIEU OF LEAVE ON RESIGNATION
(VI) (i) An employee who resigns or terminates his service and who immediately prior to the date his resignation or termination of service became effective, was entitled to be granted long service leave, or an officer who at the time his resignation or termination of service became effective was on long service leave shall with the approval of the Board be paid in lieu of such leave or the balance of such leave as the case may be a sum equal to the salary at the rate he was receiving at the date his resignation or termination of service became effective for a period calculated as provided in subclause (I) hereo£ in respect of the whole of the Officer's continuous service (which is meritorious) after deducting from such periods any long service leave previously taken, but payment shall in no case exceed the equivalent of twenty-six weeks' leave.
(ii) If an employee who has been recalled from long service leave subsequently resigns or terminates his service before becoming entitled to any payments in accordance with paragraph (i) of this subclause (VI) he shall with the approval of the Board, upon the recommendation of the Manager, be paid in lieu of the balance of the leave from which he was recalled a sum equal to salary at the rate he was receiving at the date his resignation or termination of services became effective for a period equal to the said balance of leave.
(iii) This clause shall not apply in any caseJ in which the Board is satisfied that the officer concerned has been guilty of an offence which would have warranted such officer being dismissed or required to resign from the service of the Board.
PAYMENT IN LIEU OF LEAVE ON RETIREMENT
(VII) If an employee be retired, or his services terminated for any cause other than misconduct at the expiration of a period of not less than thirteen years of continuous service there shall be paid to him with the approval of the Board, in lieu of long service leave, a sum equal to salary at the rate he was receiving at the date of retirement for the period hereinafter specified.
ON DEATH OF AN EMPLOYEE EQUIVALENT PAYMENT TO DEPENDANTS OR PERSONAL REPRESENTATIVE IN RESPECT OF LEAVE
(VIII) (i) If an employee dies during the currency of a period of long service leave, the Board shall approve the payment to his depen- dants (if any) or, if there be no dependant, to his personal representative, in lieu of long service leave of a sum equal to salary at the rate he was receiving at the date of his death for the period hereinafter specified.
(ii) If an employee dies at the expiration of a period of not less than thirteen years of continuous service, the Board shall approve the payment to his dependants (if any) or, if there be no dependant, to his personal
BY-LAWS (CAIRNS) 133
representative, in lieu of long service leave of a sum equal to salary at the rate he was receiving at the date of his death for the period hereinafter specified.
PAYMENT TO FEMALE EMPLOYEES UPON MARRIAGE
(IX) If a female officer (whose service has been meritorious) resigns to be married at the expiration of a period of not less than seven years of continuous (meritorious) service and does not engage herself in any paid employment between her resignation and her marriage, ther~ shall be paid to her with the approyal of_ th~ Board, upon t~e productwn of a copy certificate of her marnage, m heu of long service leave a sum equal to salary at the rate she was receiving at the date of her resignation for the period hereinafter specified.
CALCULATION OF PERIODS ON RETIREMENT, DEATH, OR MARRIAGE
(X) The periods referred to in clauses (VII), (VIII), and (IX) hereof shall be calculated as provided in clause (I) hereof in respect of the whole of the employee's continuous service (which is meritorious) after deducting from such periods any long service leave previously taken.
MEANING OF "LONG SERVICE LEAVE," "SALARY," AND "DEPENDANT"
(XI) For the purposes of this By-law-
(i) The term "long service leave" includes extended leave or long service leave granted under any By-law heretofore in force authorising the granting of extended leave or long service leave;
(ii) The term "salary" includes "the allowance to meet increased cost of living"; and
(iii) The term "dependant" means a relative proved to the satis- faction of the Board to have been wholly or in part dependent upon the earnings of the employee, being the widow, son, or daughter of the employee; or if there be no widow, son, or daughter, then any other relative.
2. For the purposes of this By-law-
( I) An employee who has had continuous service with one or more Regional Electricity Boards or any one electric authority or local authority whose electricity undertaking has been purchased or transferred to or otherwise acquired by a Regional Electricity Board prior to being employed by the Cairns Regional Electricity Board shall, subject to that employee having completed five (5) years' service with the Cairns Regional Electricity Board immediately prior to the determination of the period of service of that employee in accordance with the provisions of the By-law, have such continuous service with such other Regional Electricity Board or Boards or the electric authority or electrical under- taking acquired by a Regional Electricity Board taken into consideration as part of continuous service with the Cairns Regional Electricity Board when the period of service is being determined in accordance with the provisions laid down in clause 1 (I) of this By-law.
(II) An employee who has had continuous service with any one electric authority or local authority whose electricity undertaking has been purchased or transferred to or otherwise acquired by the Cairns Regional Electricity Board in accordance with "The Regional Electric Authorities Acts, 1945 to 1952," and who was employed by the said electric authority or local authority at the time of such purchase, transfer
134 BY-LAWS (CAIRNS)
or acquisition, shall have such continuous service taken into consideration as part of continuous service with The Cairns Regional Electricity Board when the period of service is being determ~ned in accordance with the provisions laid down in clause 1 (I) of thts By-law.
(III) Subclauses (I) and (II) of this clause shall not apply to any employee who has been granted long service leave or has ~een paid the equivalent thereof prior to his employment by The Catrns Regional Electricity Board.
(IV) Notwithstanding anything contained in paragraph (I) of this clause 2 a person upon employment or re-employment by The Cairns Regional Electricity Board may, in the discretion of the Board, be given credit for any part of his previous service in the employment of such Board, or any other Regional Electricity Board whether continuous or in broken periods in respect of which credit shall not have been given in pursuance of the provisions of the said paragraph (I) of this clause 2.
Provided that an officer who leaves the employ of The Cairns Regional Electricity Board of his own accord, and is re-employed by the Board within a period of twelve months, shall be given credit for the continuous employment which he had immediately prior to leaving the employ of the Board.
3. Subject to subclauses (IV) and (V) of clause 1, if at any time an employee of The Cairns Regional Electricity: Board would, if the pro- visions of section 1 OB of "The Industrial Conciliation and Arbitration Acts, 1932 to 1952," as enacted by "The Industrial Conciliation and Arbitration Acts Amendment Act of 1952," applied to him, be entitled to long service leave in terms of that section, then (notwith- standing that he would not be entitled under the By-law to long service leave or to a payment in lieu of long service leave) he shall be entitled to the same amount of long service leave as that to which he would have been entitled had the provisions of the said Section applied to him (or to payment of a cash equivalent therefor) less any long service leave--or payment in lieu of long service leave-which he may have taken or have been paid under this By-law.
4. Service under enlistment or call-up in any of Her Majesty's Forces on/ or for active war service shall be deemed to be service with The Cairns Regional Electricity Board for the purpose of this By-law.
New Chapter 4 substituted by by-laws published Gazette 6 June 1953, pp. 907-8 and printed as amended by by-laws published Gazette 4 Jun<!J 1955, p. 603, 14 March 1959, p. 1608, and 17 September 1960, p. 230.
CERTIFICATE
The foregoing By-laws were passed by the Cairns Regional Electricity Board on the eighteenth day of December, 1945, at a special meeting called for that purpose; were duly approved by the State Electricity Commission of Queensland; were duly published in accordance with the provisions of "The Regional Electric Authorities Act of 1945"· were confirmed at a subsequent meeting of the Board called for the p~rpose on the twenty-second day of January, 1946; and have been sealed with the seal of the Board pursuant to law.
W. COLLINS, Chairman.
P. A. W. ANTHONY, Manager;
THE CAPRICORNIA REGIONAL ELECTRICITY BOARD Chief Secretary's Department,
Brisbane, 6th March, 1947.
THE Lieutenant-Governor, acting as Deputy for and on behalf of His Excellency the Governor, and by and with the advice of the Executive Council, has, in pursuance of the provisions of "The Regional Electric Authorities Act of 1945," been pleased to approve of the following By-laws made by the Capricornia Regional Electricity Board.
D. A. GLEDSON.
WHEREAS by "The Regional Electric Authorities Act of 1945" it is enacted that a Regional Board constituted pursuant to such Act may make By-laws for all or any of the purposes specified in the said Act mentioned. And whereas the State Electricity Commission of Queens- land has approved of the making of the following By-laws it is hereby resolved by the Capricornia Regional Electricity Board, by and with the approval of the Governor in Council, that the following By-laws shall be in force within the said Region from the date of publication hereof in the Government Gazette.
CHAPTERS
These By-laws are divided into the Chapters as follows:- Chapter 1.-General.
Chapter 2.-Proceedings and Business of Board.
Chapter 3.-Expenses of Members.
CHAPTER 1