D4. LEAVE
D4.1. Leave accruals are calculated on an hourly basis.
D4.2. Leave is deducted on an hourly basis.
D4.3. For the purposes of accruing additional annual leave (under clause 27 of the Agreement), two extended shifts are equivalent to three ordinary shifts.
D4.4. For the purposes of taking personal leave (under clause 29 of the Agreement), the number of hours allowed without providing medical evidence in any personal leave year is to be regarded as 36¾ hours.
D4.5. Personal leave on a public holiday where an employee is rostered will result in no debit from personal leave accruals, and no payment of penalty rates or time in lieu for the shift not worked.
D4.6. Payment in lieu for an employee not rostered on a public holiday will be 8 hours 10 minutes.
D4.7. Employees on extended shifts who take their Telstra Additional Day (under clause 36 of the Agreement) will be entitled to remain off work for 8 hours 10 minutes, and be paid for this time. Following this, they will be required to return to work, or take other forms of leave.
APPENDIX E: GUARANTEE OF EMPLOYEE ENTITLEMENTS WHERE THE SUBSIDIARY IS INSOLVENT
Telstra guarantees that:
E1.1. If an employee’s employment is transferred from Telstra to a Subsidiary of Telstra in accordance with clause 47; and
E1.2. The transferring employee receives and accepts a Suitable Offer in accordance with clause 47.2 of the Agreement; and
E1.3. That Subsidiary of Telstra subsequently becomes insolvent, enters into administration, or becomes defunct for any reason whatsoever; then
E1.4. Telstra will pay, to the extent any are outstanding, the following entitlements due to the employee within 28 days of the termination of the employee’s employment with the Subsidiary of Telstra:
a) any accrued but untaken annual leave;
b) any accrued but untaken long service leave;
c) any unpaid superannuation contributions. These contributions are to be made to the superannuation fund to which the employee is a member as at the date of termination of their employment;
d) if the employee’s position is made redundant and the employee is retrenched, any retrenchment benefits due to the employee pursuant to the terms of the Suitable Offer.
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