• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Section 4 - Procedures
• Part A - Delegated Authority
• Part B - Equitable Outcomes for All Employees
• Part C - Eligibility and Participation
• Annualisation of Pay
• Term of Participation
• Part D - Application Process
• Variation to the Agreement
• Renewal
• Part E - Leave Issues
• Purchase Additional Leave Absence/s
• Annual Leave
• Timing of Purchase Additional Leave Absence/s and Annual Leave
• Other Leave
• Part F - Additional Issues
• Flexible Working Arrangements
• Higher Duties Allowance
• Overtime
• Superannuation
• Worker's Compensation
• Separation of Employment
• Section 5 - Guidelines

Section 1 - Purpose and Context

(1) The University of Western Sydney is committed to achieving its operational requirements while also meeting the needs of its employees. The University operates in a competitive global environment where recruitment and retention of highly skilled employees is crucial and where flexible working arrangements are valued. The University recognises the interdependency of work and family obligations and that there may be instances where employees require periods away from work in addition to the normal leave entitlement. This policy aims to provide employees with a mechanism to address the balance between family/personal commitments and work commitments.

(2) The aim of the Purchase Additional Leave Scheme (PAL Scheme), subject to organisational requirements, is to provide general staff with the flexibility to purchase additional leave through annualisation of pay, for a defined period and in accordance with an agreed leave plan.

(3) This policy operates in accordance with and in addition to the University's commitment to flexible work arrangements as defined in the General Staff Agreement and University policies.

Section 2 - Definitions

(4) The following definitions apply for the purpose of this policy.

1. Agreed leave plan - includes the dates and periods of PAL Scheme absence/s and all types of leave agreed to be taken within the twelve month period.
2. Annualised pay - for the purposes of payment, the salary payable over the full year will be averaged over the total number of nominated annual hours to a fortnightly salary.
3. Base rate of pay - is an employee's normal salary paid in accordance with the General Staff Agreement prior to participation in the PAL Scheme.
4. Delegated officers - are officers of the University who have authority to approve an employee's participation in the PAL Scheme in accordance with the University's Delegations (Administrative) Policy.
5. PAL absence/s - periods of approved absence purchased and agreed upon in advance via negotiation of an agreed leave plan.
6. PAL Scheme - a mechanism that provides employees with the ability to purchase periods of absence from work in addition to existing leave for a defined twelve month period.

Section 3 - Policy Statement

(5) The University requires that supervisors and delegated officers consider reasonable requests from employees to access the PAL Scheme and act in accordance with the University's Code of Conduct, the Carer's Responsibilities in the Workplace Policy, Change Management Guidelines and legislative requirements.

(6) Workload issues arising from participation in the PAL Scheme will be managed in accordance with the General Staff Agreement as well as the Carer's Responsibilities in the Workplace Policy where appropriate.

Section 4 - Procedures

Part A - Delegated Authority

(7) Approval of an employee's application to participate in the PAL Scheme is given by the relevant delegated officer with a Category 5 delegation or higher as designated in the Delegations (Administrative) Policy.

(8) Approval is at the sole discretion of the University.

Part B - Equitable Outcomes for All Employees

(9) The following issues will be considered when assessing an employee's application to participate in the PAL Scheme.

1. The principle of increasing employment flexibility for employees;
2. No or minimal additional cost to the University;
3. Unit operational requirements;
4. Impact upon the unit;
5. The applicant's Annual Leave balance;
6. Reason for requesting participation; and
7. Equitable outcomes for staff within the unit.

(10) The impact of staff participation in the PAL Scheme must be assessed to ensure that the workload will not increase unreasonably for other employees within a unit.

(11) Where the workload or period of the leave is such that it is deemed appropriate for the position to be filled while the participating employee is on leave, in the first instance remaining employees should be offered the opportunity to undertake higher duties or secondment. This option is to be considered in accordance with the career development guidelines contained within the General Staff Agreement and may be actioned via an expression of interest. Otherwise, casual employment should be considered and appropriate action taken.

(12) The decision to replace the employee on leave is at the discretion of the delegated officer in consultation with the Unit Head.

Part C - Eligibility and Participation

(13) All full time ongoing and fixed term general staff who have completed 12 months of continuous employment prior to the proposed commencement of the PAL Scheme are eligible to apply.

(14) Participation in the PAL Scheme can only be initiated at the request of the employee.

Annualisation of Pay

(15) An employee who has received approval to work under the PAL Scheme shall have his/her salary adjusted to be averaged over the full year and paid fortnightly.

(16) Annualised pay will be:

1. Adjusted in line with any adjustment to salary;
2. The basis for calculating all paid leave and superannuation (except where the employee has elected to continue to pay superannuation at his/her normal full time rate in accordance with clause 45 [a]);
3. Adjusted by recalculation against actual hours worked during the PAL Scheme year should the employee cease employment.

(17) Employees considering participation in the PAL Scheme should first seek independent financial advice on the impact of this arrangement on their superannuation and other benefits.

Term of Participation

(18) Approval on the term of participation in each instance will be limited to a twelve month period with an option of renewal subject to organisational requirements.

Part D - Application Process

Written Agreement and Agreed Leave Plan

(19) Employees must provide a minimum of six weeks written notice to their supervisor through the completion of the PAL Scheme application form.

(20) Employees must provide a clear rationale for their request on the PAL Scheme application form, and include explicit dates for proposed PAL absences and annual leave.

(21) The application period can be varied by agreement between the employee and the Delegated Officer, in consultation with the Unit Head.

(22) PAL absence/s and annual leave arrangements must be agreed between the employee and his/her supervisor prior to the application being forwarded to the Delegated Officer for approval.

(23) Once approved the PAL Scheme application is to be forwarded to the Office of People and Culture for processing, who will then formally advise the employee and the Unit Head of the approval.

(24) If the PAL Scheme application is not approved, the Delegated Officer must provide written notification of their decision to the employee.

Variation to the Agreement

(25) In exceptional circumstances, either party to the agreement may request to vary the agreement subject to providing a minimum of six weeks written notice.

(26) Employees wishing to revert to their substantive work arrangements prior to the end of the current PAL Scheme approval will be accommodated to the extent possible, taking into account other arrangements which may have been entered into in the workplace.

Renewal

(27) Where an employee is currently participating in the PAL Scheme and wishes to renew the arrangement for a further twelve months, the employee must submit a new application to his/her supervisor a minimum of six weeks prior to the end of the current PAL Scheme approval.

(28) Participation in one year does not provide automatic entitlement to participate in any subsequent year.

(29) Where an employee is participating in the PAL Scheme and changes his/her position during the term to a different work unit, they must obtain written approval from the delegated officer of the new work area to continue to participate in the PAL Scheme before acceptance of the new role. Approval to continue participation will be based on the organisational requirements of the new position and at the discretion of the delegated officer of that area.

Part E - Leave Issues

Purchase Additional Leave Absence/s

(30) PAL absence/s are to be purchased in blocks of one week, to a maximum of eight weeks.

(31) PAL absence/s can be taken as a minimum of one full day on each occasion.

(32) PAL absence/s cannot be accrued. In the exceptional circumstance that an employee is unable to participate as agreed within his/her PAL Scheme plan, formal notice must be provided to the Office of People and Culture, and if this should happen, the employee's salary will be adjusted accordingly at the end of the agreement.

(33) PAL absence/s cannot be recredited.

(34) Leave loading is not paid on PAL absence/s.

Annual Leave

(35) During the term of the PAL Scheme, annual leave entitlements will continue to accrue in accordance with the General Staff Agreement. Annual leave accrued during the period of the PAL Scheme will, however, be paid at the annualised pay rate. In the event that the approved leave plan requires more annual leave than is accrued during the term of the PAL Scheme, the employee's leave balance available at the day prior to the commencement of the PAL Scheme will be utilised.

(36) Leave loading entitlements during the period of the PAL Scheme will be calculated on the annualised pay rate.

Timing of Purchase Additional Leave Absence/s and Annual Leave

(37) The timing of both PAL absence/s and annual leave taken during the term of the PAL Scheme will be as a result of negotiation between the employee and supervisor and recorded in the approved leave plan.

Other Leave

(38) All other leave continues to accrue at the employee's base rate during the term of the PAL Scheme and in accordance with the General Staff agreement.

(39) All other leave taken during the term of the PAL Scheme will be paid at the annualised pay rate.

(40) Public holidays and concessional days which fall during the term of the PAL Scheme will be paid at the annualised pay rate.

Part F - Additional Issues

Flexible Working Arrangements

(41) An employee participating in the PAL Scheme may continue to work under the University's flexible working arrangements as defined in the General Staff Agreement, subject to the supervisor's approval, during the term of the PAL Scheme.

Higher Duties Allowance

(42) If an employee participating in the PAL Scheme becomes eligible for a higher duties allowance, the appropriate allowance will be paid commensurate with the annualised rate and subject to approval to continue in the PAL Scheme.

Overtime

(43) Where overtime is approved during the term of the PAL Scheme it shall be paid at the base rate of pay in accordance with the requirements of the General Staff Agreement.

Superannuation

(44) Employees who are considering applying for the PAL Scheme should seek independent financial advice and also contact the University Superannuation Officer for superannuation implications, prior to an application being made.

(45) An employee may choose to:

1. Continue to pay superannuation at his/her base rate of pay, that is, his/her salary prior to the adjustment for annualisation arrangements. Under this arrangement, the employee will be expected to pay his/her normal fortnightly employee superannuation contribution and the University's pro rata contribution. The employee is responsible for making the necessary arrangements, through the University's Superannuation Officer, Office of People and Culture; or
2. Contribute superannuation at the annualised pay rate, that is, the fortnightly rate of pay after adjustment for annualisation arrangements. Employer contributions to superannuation during the period of the PAL Scheme shall be calculated at the annualised pay rate.

Worker's Compensation

(46) Normal workers compensation rules, regulations, policy and procedure will apply. In the circumstances where workers compensation becomes payable during a period when an employee is participating in the PAL Scheme, any absence will be paid at the annualised pay rate.

Separation of Employment

(47) Participating employees will be required to enter into an agreement through the PAL Scheme in relation to the repayment of any salary overpaid in the event of their early withdrawal from the PAL Scheme or the termination of his/her employment. Such agreement will include provision for monies to be deducted from the employee's termination payments and other such payment arrangements as may be necessary in accordance with relevant legislation.

(48) Payment in lieu of accrued Annual and Long Service Leave will be calculated at the employee's base rate of pay and included in the final payment.

(49) An employee whose position is made redundant will be paid severance pay at his/her base rate of pay in accordance with the General Staff Agreement.

Section 5 - Guidelines

(50) Nil.