Leave entitlements under the contract
An executive’s leave entitlements are detailed in Schedule D of the contract.
Leave entitlements under the contract will generally align with the minimum requirements under the National Employment Standards.
Employers should rewrite leave provisions to ensure consistency with the Employer’s policies and industry standards and promote mobility between executive and non-executive staff, reflecting additional requirements for eligibility and other conditions. Entitlements may be generally with industrial instruments, but may need to be structured differently.
Some entitlements may vary to reflect the nature of contract employment and executive duties.
Executives are not entitled to annual leave loading.
Other leave entitlements under policy
Under clause 10.2 of the contract, an executive may access forms of leave under the employer’s policies, at the employer’s discretion. If an executive accesses a more favourable leave entitlement under policy, they cannot separately access that entitlement under the contract (i.e. double-dipping).
Frequent queries
Long service leave
An executive is entitled to long service leave in accordance with the provisions of the Long Service Leave Act 2018.
Accident compensation leave
The employer will pay the difference between compensation benefits under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and the executive’s remuneration package, minus the superannuation component of that remuneration package. Superannuation is not payable whilst on accident compensation leave.
Transferability of leave
An executive’s previous and future employer may agree to transfer leave entitlements. Such agreement should be clearly documented.
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