[ varied by PR PR920993; PR ppc 26Aug03]

Transcription

1 31.5 Lodgment of Assessment Instrument All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, must be lodged by the employer with the Registrar of the Australian Industrial Relations Commission All assessment instruments must be agreed and signed by the parties to the assessment, provided that where a union which is party to the award/agreement, is not a party to the assessment, it must be referred by the Registrar to the union by certified mail and will take effect unless an objection is notified to the Registrar within ten working days Review of Assessment The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system Other Terms and Conditions of Employment Where an assessment has been made, the applicable percentage must apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other employees covered by this award/agreement paid on a pro rata basis Workplace Adjustment An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area Trial Period In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed During the trial period the assessment of capacity must be undertaken and the proposed wage rate for a continuing employment relationship must be determined. [ varied by PR PR920993; PR ppc 26Aug03] The minimum amount payable to the employee during the trial period must be no less than $60 per week Work trials should include induction or training as appropriate to the job being trialed. AW772144CRA

2 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK 32. HOURS OF WORK 32.1 Ordinary Hours of Work Ordinary Working Week The ordinary working week must be no greater than thirty eight hours worked under , and Spread of Hours Ordinary working hours may be worked between 6.00 am and 6.00 pm for up to eight hours per day, Monday to Friday inclusive (a) Starting and finishing times specified in (a) and the number of hours in a day that may be worked without the payment of overtime may be changed by agreement between the employer, and a majority of employees in accordance with Ordinary Working Hours An employer must: (a) Notify an employee of the start and finishing times of work each day which are the ordinary working hours; (b) Give an employee one weeks notice of any change in the starting and ceasing finishing times of ordinary working hours except in the case of an emergency; (c) Clearly display the ordinary working hours in an obvious place in each workplace (d) Pay an employee for time worked outside or in excess of ordinary working hours in accordance with Arrangement of Working Hours (a) Where an employer and the majority of employees agree in accordance with 11.5 the hours of work, (subject to the daily limitations specified in ); may be worked in accordance with any one of the following methods: AW772144CRA

3 32.1.4(a)(i) (a)(ii) (a)(iii) Working shorter hours on one or more days of each week. Fixing a day on which all employees will be off during particular work cycle. Roster employees off on various days of the week during a particular work cycle (b) An employer must give an employee who is entitled to a rostered day or days off in accordance with (a)(ii) and (a)(iii), at least four weeks in advance of the weekday the employee is to take off (c) Where an employee, has not accumulated a full day's entitlement when a rostered day off occurs, the employee must receive payment for that day for the actual time accrued (d) Rostered days off may accumulate to a maximum of seven days which must be taken: in one or two continuous periods within one month of accrual; or by agreement between the employer and a majority of employee s, in accordance with 11.5 and (e) (f) The starting and finishing times, daily working hours and weekly working hours worked under an arrangement, must be regarded as the ordinary working hours and work performed outside or in excess of these hours must be paid under 34. An employer and a majority of employees may agree to vary the arrangement of working hours, provided that agreement is in accordance with 11.5 (Majority Agreement) and 11.6 (Additional Safeguards) Substitution of Rostered Day off (a) In the case of: breakdown in machinery, or failure or shortage of electric power, or requirements of the business in the event of rush orders; or some other emergency situation an employer may, by agreement with the majority of employees concerned, substitute the rostered day off agreed to for another day (b) by agreement with the majority of employees concerned, substitute the rostered day off agreed to. for another day provided in accordance with AW772144CRA

4 32.1.5(c) An individual employee may with the agreement of his/her employer substitute the day he or she is to take off, for another day, provided such agreement is in accordance with BREAKS 33.1 Mid day Meal Break An employer must provide an employee with a meal break of between thirty minutes and one hour between the hours of 11.30am and 2.00pm An employer may only permit work to be performed during an employee s meal break in exceptional circumstances and must pay overtime until such meal break is given to the employee Rest Breaks An employer must provide each employee with two paid 10 minute rest periods per day The rest periods must be taken between the hours of 9.30am and 11.00am, and 2.30pm and 4.00pm where a rest period would otherwise occur after the cessation of an employees daily work, such rest period will occur prior to the cessation of work An employee may leave their work stations during such rest breaks An employer must not permit work to be performed by an employee during that employee s rest break. 34. OVERTIME 34.1 Overtime is all time worked by an employee other than a casual employee in excess of an employees normal hours of work or outside the span of hours prescribed in and , or for a regular part time employee 17.3 or Requirement to Work Reasonable Overtime [34.2 substituted by PR ppc 04Dec02] Subject to clause an employer may require an employee to work reasonable overtime at overtime rates An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to: AW772144CRA

5 34.2.2(a) Any risk to employee s health and safety; (b) The employee s personal circumstances including any family responsibilities; (c) The need of the workplace or enterprise; (d) The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and (e) Any other relevant matter An employer must not require an employee under the age of 16 years to work overtime after 6:00pm Payment for Working Overtime An employer must pay an employee overtime at the rate of: AW772144CRA A

6 34.3.1(a) (b) time and a half for the first three hours; and double time thereafter For the purpose of calculating overtime: each day must stand alone; and any overtime worked on any day of the week must be paid for on a daily basis An employer must pay an employee who is paid under any system of payment by results for any overtime worked: (a) (b) (c) for the first three hours, at the rate of time and a half of the award rate for their skill level; and for any subsequent hours, at the rate of double time of the award rate for their skill level; in addition to the payment by results earnings earned by the worker Breaks, Rests and Meal Allowance during Overtime Meal Breaks An employee required to work in excess of one and a half hour s overtime will be allowed a meal break of at least 30 minutes An employee will not be entitled to the meal break in if the overtime is worked on a day where there is an early finishing time, except where a total of five and a half hours will be worked (inclusive of overtime) following the midday meal break provided in Rest Breaks (a) An employee who: is not entitled to a meal break under and ; and works more than one hour s overtime prior to or after an eight hour shift; is entitled to a ten minute paid rest break, paid at the appropriate overtime rate. AW772144CRA

7 Meal Allowance (a) Where an employee is required by an employer to work overtime: Monday to Friday inclusive; and for more than one hour after the usual finishing time or after 6.00pm, which ever is the later: an employer must pay the meal allowance provided in The provisions of this clause do not apply if the employer provides an adequate recognised evening meal (b) If notice is given and overtime is not worked (except as a result of a breakdown in machinery or plant) meal allowance provided in 27.3 must be paid to the employee (c) An employee who works under an arrangement in accordance with which provides for that employee to cease ordinary hours of work early on a Friday will not be entitled to receive a meal allowance or be supplied with an adequate meal pursuant to this clause in respect of any period of overtime in excess of one hour carried out on that Friday where such overtime is completed before 6.00 p.m. on that day. 35. SHIFTWORK 35.1 An employer may introduce an afternoon shift provided: the shift finishes after 5.00pm but not later than 11.30pm, Monday to Friday and the ordinary working week is no greater than 38 hours per week and 7.6 hours per day An employee working an afternoon shift may work in excess of 7.6 hours on one day or in excess of 38 hours in one week provided that they are paid for such overtime at the penalty rates provided in An employee may not work overtime after 11.30pm the employer clearly displays the ordinary working hours in an obvious place in each workplace and gives an employee one weeks notice of any change in the ordinary working hours the employer pays an employee employed on any afternoon shift the minimum award rate for the relevant skill level plus an allowance of 22.5.% of that award rate for each hour worked on the shift a twenty minute paid rest break for shifts in excess of five hours or a fifteen minute paid rest break for shifts of five hours or less, is arranged at a convenient time as far as practicable in the middle of the shift. AW772144CRA

8 the employer provides an employee, who is required to work on an afternoon shift for which he or she has not been regularly rostered and who finishes work at a time when his or her usual or other reasonable means of transport are not available, with conveyance to his or her home or pay his or her ordinary wages for the time reasonably occupied in reaching his or her home An employee who does not normally work shift work may be required to work on the afternoon shift on a temporary basis in the case of absenteeism or other emergency. The employee must be paid, in addition to his or her normal rate of pay, the payment an afternoon shift worker would normally receive in accordance with An employee who has already completed a shift on that day who is required to work any time on any afternoon shift must be paid for at the overtime penalty rates provided in If an employee is recalled to work overtime after leaving his or her employer s premises, he or she must be paid a minimum of four hours work at the appropriate overtime rate for each time he or she is so recalled. 36. WEEKEND WORK 36.1 Sunday Work Overtime may be worked on Sundays after consultation in accordance with An employer must pay an employee who works on a Sunday at twice the hourly ordinary rate for their skill level of each hour worked Retail Store Workers Saturday Morning Penalty All weekly or regular part time employees engaged in retail stores who are employed on a five-and-a-half day week basis will be paid such additional rates for work performed on Saturday as are prescribed in an award or determination for shop assistants operating in the area in which they are employed. Provided that any employee who has completed his or her hours of employment by Friday of each week will not be entitled to the premium for Saturday work as herein prescribed but will be paid overtime for all duty performed on a Saturday. PART 7 - LEAVE AND PUBLIC HOLIDAYS 37. ANNUAL LEAVE 37.1 Period of Leave A full time or Regular part time employee is entitled to a period of 28 consecutive days (4 weeks) annual leave after each 12 months continuous service with an employer (less the period of Annual Leave i.e. 48 weeks). AW772144CRA

9 37.2 Service will be deemed to be continuous service, and will not be broken by the following; any interruption or termination of employment by the employer if the intent of the interruption or termination of employment was to avoid the annual leave obligations: Any absence from work on account of personal sickness or accident up to 25 days in a 12 month period. Provided that the employee informs the employer in writing, if practicable, within 48 hours of the commencement of such absence, of his or her absence and the nature of the illness and estimated length of his or her absence any absence due to long service leave any continuous period of unpaid leave, which does not exceed 4 weeks any absence with reasonable cause (the employee must, if required, provide proof of such cause) any absence by reason of any cause not specified above, unless the employer during the absence or within 14 days of termination of the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service. The notice may be given by delivering the notice to the employee personally or by posting it by registered mail to his or her last recorded address Public Holidays falling during Annual Leave If a public holiday prescribed by this award falls during an employee s annual leave, and is on a day which would have been an ordinary working day, then extra time equivalent to the public holiday must be added to the employee s annual leave An employee is not entitled to payment for public holidays which fall during his or her annual leave if the employee: (a) (b) is absent on the working day or part of the working day before annual leave and fails to resume work at his or her ordinary starting time on the working day immediately following annual leave; and does not prove that he or she had reasonable cause for such absence Broken Leave The employer must give an employee their annual leave in one or two continuous periods then there must be one period of at least 12 working days not including public holidays. AW772144CRA

10 An employer and an employee may agree that an employee s annual leave be taken in 3 separate periods provided that such agreement is in accordance with 11.3 and No Payment in lieu of Annual Leave An employer must not pay an employee in lieu of the employee taking the leave, except as provided in Time of Taking Leave Annual leave must be taken within six months of accrual at a time agreed between the employee and employer An employer and employee may agree to annual leave being taken at a different time, provided that such agreement is in accordance with Leave before Due Date An employer may allow an employee who elects to take annual leave wholly or partly before the right to take annual leave accrues If an employee is allowed to take annual leave in accordance with then a further period of annual leave does not begin to accrue until after the expiration of the twelve months in respect of which the annual leave had been taken before it accrued Payment for Annual Leave An employee must be paid all wages which he or she would normally be paid during the period of leave before the employee goes on leave, including: any overaward payment; any additional payment based on the average weekly incentive payment for employees working under a payment by results system; but not including: overtime; shift penalties; or other penalty rates An employee must also be paid a loading of 17.5% in addition to all wages paid in respect of a period of leave Payment for Annual Leave for Payment by Results Workers Payment in the case of an employee under any system of payment by results will be at the time rate provided that: AW772144CRA

11 When taking annual leave, the employee, for the purpose of paid leave will for each week or part thereof of annual leave to which he or she is entitled to receive an additional payment based on the average weekly incentive payment earned in excess of the appropriate award wage for the classification concerned. The average will be calculated on a 40-week qualifying period and applied to ordinary hours only in respect of any incentive scheme based on production during the qualifying period of employment in each year qualifying period of employment will mean: (a) In the case of an employee taking annual leave at Christmas, the period of 40 consecutive weeks commencing with the first pay period in February. If annual leave is taken in two or three periods the same average additional payment for the first period will also apply to the second and/or third period (b) In the case of an employee taking annual leave at any other time, the first 40 consecutive weeks in the twelve months immediately preceding the date of the taking of annual leave (c) Where an employee is not employed during the whole of the qualifying period he or she will still be eligible for such additional payment but the average will be calculated on the period of employment falling within the said 40 consecutive weeks In the case of an employee absent on long service leave during any qualifying period of employment both the period of such leave and the payment in respect thereof will be excluded from the calculation of average incentive payments earned Payment of any bonus or incentive in respect of unrated work will be regarded as payment in respect of an incentive scheme for the purpose of In calculating the average incentive payments earned, all amounts paid in respect of overtime, shift work or penalty rates will be excluded The additional payment as specified in will not apply to employees receiving pro rata payment in lieu of annual leave on termination of employment with less than twelve months' service in any twelve-monthly qualifying period for annual leave, except in the case where an employee with a total of more than six months' continuous service with an employer is terminated by that employer, other than for misconduct or where an employee terminates during the year on account of personal illness, substantiated by a medical certificate, or where an employee terminates on the day that the factory closes down for annual leave Where an employee has accrued a full entitlement to annual leave after a qualifying twelve months' period of service and his or her employment ceases for any reason before the whole or any part of such leave entitlement has been taken, the additional payment referred to in will apply in respect to that full entitlement or any remaining portion thereof. AW772144CRA

12 37.10 Employment Terminating Before Accrual of 12 Month Period An employee with one month s continuous service who resigns his or her employment or is terminated for malingering, inefficiency, neglect of duty or misconduct, is entitled to 12 2/3 hours payment in lieu of annual leave for each completed month of service, but is not entitled to annual leave loading on that payment except as provided by An employee with one months continuous service whose employment is terminated by the employer except for malingering, inefficiency, neglect of duty or misconduct is entitled to hours payment for each weeks continuous service with the employer. Where the employee is so terminated, he/she is also entitled to a loading of 17.5% on the payment in lieu of annual leave if; he/she is terminated after 25 August in any year; or where the employee does not usually take annual leave over the Christmas/New Year period, if he/she is terminated within four calendar months of the date the employee would normally have taken his or her annual leave An employee in his or her second or subsequent year of continuous service whose employment is terminated for any reason effective from the last working day before a December annual closedown is entitled to payment equivalent to four weeks annual leave and 17.5% annual leave loading less any amount of annual leave already allowed to that employee during the course of that calendar year Annual Close-down An employer may close down his or her plant, or a section or sections of it, in order to allow all or the bulk of employees their annual leave, in accordance with this sub-part The employer must give all affected employees at least three months notice of his or her intention to close the plant or section/s The employer may stand off all employees in the plant or section/s affected by the close down Any employee who has not qualified for a full entitlement to annual leave must be paid annual leave on a proportionate basis for hours for each completed week of continuous service, provided that he or she has at least one months continuous service Any employee who has qualified for a full entitlement to annual leave in accordance with 37.1 must be paid hours for each completed week of continuous service performed in excess of twelve months continuous service, in addition to being allowed his or her annual leave. AW772144CRA

13 The employer and a majority of employees may agree to extend the period of close down by no more than 2 days, and all employees stood down without pay, provided that agreement is in accordance with (Majority Agreement) Any period during which an employee is stood off without pay in accordance with this sub-part will count as service in calculating twelve months continuous service An employee who has been allowed proportionate leave in his or her first year of service pursuant to 37.10, and who subsequently leaves his or her employment or is terminated, is entitled to the benefit of 37.9, subject to adjustment for proportionate leave already allowed An employer may close down his or her plant or section in two or three periods, for the purpose of granting annual leave provided that: (a) one of the periods is at least twelve working days exclusive of public holidays; (b) the longer period of leave must be granted by the employer during the December January period, unless agreed otherwise by a majority of employees in accordance with (Majority Agreement) (c) the employees concerned are given at least three months notice of the proposed close down; (d) At least a 75% majority agreement is reached on the third period (e) where the plant or section/s are closed down for a third period, the employer and a majority of employees mutually agree on the date when the third closure must occur but the second or third closure must be before the 30 th of September Outworkers An outworker who has at least one month s continuous service will be paid on termination or when taking leave, an amount equal to one twelfth of his or her total earnings for that period of employment, plus a loading of 17.5 per cent. AW772144CRA

14 38. PUBLIC HOLIDAYS 38.1 All employees, other than casual employees, must be entitled to the following holidays without deduction of pay: New Years Day Australia Day Good Friday Easter Saturday, except in Tasmania, where employees will have one public holiday in lieu of Easter Saturday. This public holiday will either be the relevant Show Day or another day agreed between the employer and a majority of employees concerned other than a Saturday or Sunday. Easter Monday Anzac Day Queen s Birthday Eight Hours Day or Labour Day Christmas Day Boxing Day 38.2 In addition to the public holidays prescribed above, employees other than casual employees are entitled to one additional public holiday without deduction of pay. The public holiday which applies in each State is: In Victoria, Melbourne Cup Day or local equivalent In New South Wales, Easter Tuesday or another day by mutual agreement will be observed as a holiday except in years when Anzac day falls on a Tuesday when a holiday will be observed on the preceding day or when Anzac Day falls on a Thursday or a Friday in which case the holiday will be observed on the succeeding work day except on a Saturday or a Sunday In South Australia, the third Monday in May In Western Australia, Foundation Day In Tasmania, Regatta Day in Southern Tasmania (Oatlands and all town South) or In Northern Tasmania Recreation Day(all towns north of Oatlands) In Queensland, Agricultural, Horticultural or Industrial Show Day In the ACT, the third Monday in March In the NT, the first Monday in May 38.3 In addition, where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 38.1 and 38.2, those days will constitute additional holidays for the purpose of this Award. AW772144CRA

15 38.4 Substitution of Certain Holidays which fall on a Weekend When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 27 December When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 28 December When New Years Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on the next Monday Payment by Results Employees An employee working under any system of payment of results will be paid for such holidays at the ordinary rate payable to an employee working as a time worker doing the same class of work Payment For Time Worked On A Public Holiday All work done by an employee on the holidays prescribed in 38.1 will be paid for as follows, subject to the other provisions of this part Time workers - time and a half of the ordinary rate in addition to the ordinary rate Piece workers - time and a half of the ordinary rate payable to employees on time worked doing the same class of work in addition to such piece work earnings The minimum payment for work performed on public holidays must be as for four hours worked Changing Public Holidays by Agreement An employer and a majority of employees may agree to substitute another day for any day prescribed in this Award, provided such agreement is in accordance with An individual employee and an employer may agree to substitute another day for any day prescribed in this Award for reasons related to the employee s religious beliefs, provided such agreement is in accordance with Rostered Days Off Falling on a Public Holiday In the case of an employee whose ordinary hours of work are arranged in such a manner as to entitle the employee to a rostered day off, the weekday to be taken off will not coincide with a holiday fixed in accordance with this clause. In the event that a holiday is prescribed after an employee has been given or gives notice of a weekday off and the holiday falls on such weekday, the employer will allow the employee to take an alternative weekday off in lieu of the holiday. AW772144CRA

16 38.9 Termination within 14 days of a Public Holiday In the case of an employee with at least one week's service with the employer whose services are terminated by the employer through no fault of the employee within fourteen days prior to a holiday and who is re-engaged by such an employer within three months of such holiday, the employee must be paid for any such holiday the amount the employee would have received had employment not been terminated. [ substituted by PR ppc 13May02] If an employee who has at least one months service is terminated for reasons other than malingering, inefficiency, neglect of duty or misconduct within 14 working days of Good Friday, the employee will receive payment for the relevant Easter holidays as provided for in this part. [ inserted by PR ppc 13May02] If an employee who has at least one months service is terminated for reasons other than malingering, inefficiency, neglect of duty or misconduct after the last working day of the last pay period in November each year the employee will receive payment for the relevant Christmas holidays as provided for in this part Full-time Employees Working Non-Standard Hours This subpart applies to full-time employees who do not regularly work a five-day, Monday to Friday week When a prescribed holiday falls upon a day when the employee would not be working in any event the employee must receive: A day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or An additional day's wage If an employee is rostered to work on the public holiday or its substitute day (except Christmas Day) the employee is entitled to: (a) If the employee is not required to work on the public holiday the employee must receive the payment the employee would ordinarily receive for that day and is not entitled to the substituted day off (b) If the employee is required to work on the public holiday the employee is entitled to receive the normal rates of pay for working that day and the substitute day as a holiday. (If the substitute day is a non-working day for the employee, the employee would receive the compensation described in (c) If the employee is required to work on the substitute day the employee must receive the rates of pay for working on a public holiday. AW772144CRA

17 If an employee is rostered and required to work on both the "actual" public holiday and its substituted day (this would only occur if the holiday was to fall on a Saturday or a Sunday) the employee would be entitled to: (a) A day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or AW772144CRA A

18 (b) Payment at public holiday rates for the day's work for the substituted day, and payment at the normal rates for Saturday or Sunday for the actual public holiday Christmas Day Loading If the employees are rostered to work on a Saturday or Sunday that is a Christmas Day and are required to work, the employee will receive the normal Saturday or Sunday rate plus a loading of one-half of a normal day's wages for the full day's work and be entitled to the substitute day Permanent regular part time employees (non- casual) Where the normal roster of a regular part time employee includes a day that is a holiday, the employee must receive the normal pay he/she would have received on that day and enjoy the holiday or receive the appropriate public holiday rate for working whatever hours he/she work during it For a regular part time employee whose normal roster includes a Saturday or Sunday that would be a prescribed holiday but for the substitution of an alternative day, the following will apply: (a) The employee will be granted leave with pay on the actual day without any substitution; or (b) The employee works on the actual day at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and is allowed to take another day with pay, which may or may not be the prescribed substitute day, as a holiday; or (c) The employee works on the actual day at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and receives, in addition, payment at ordinary time rates for an additional day of equal length (with no substitution of an alternative day) If any of these benefits applies, the employee who works on the prescribed substitute day should do so at ordinary time rates Payment for casual employees working on public holidays A casual employee who works on the day prescribed as the public holiday must be paid the appropriate public holiday pay as described elsewhere in this award. The employee should receive the ordinary casual rate plus the applicable penalty. That is, the casual loading of thirty three and one third per cent (33 & 1/3%) the prescribed holiday rate for non-casual employees of 2.5 times ordinary rates. The casual will be paid times the ordinary rate for non-casual employees. AW772144CRA

19 38.13 Absences before or after public holidays Where an employee is absent from employment on the working day or part of the working day before and the working day or part of the working day after a public holiday without reasonable excuse or without the employers consent, the employee must not be entitled to payment for the relevant public holiday Unpaid leave and public holidays Any continuous period of unpaid leave in excess of four weeks will not be deemed to be service and the employee will not be entitled to payment for any holiday falling within this period of leave. 39. SICK LEAVE/CARERS LEAVE 39.1 A weekly employee and a regular part time employee (to the extent specified) who is absent from work on account of personal illness or on account of injury will be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations: The employee will not be entitled to paid leave of absence unless he or she has been in the service of the employer concerned for at least one month immediately prior to such absence The employee will not be entitled to paid leave of absence for any period in respect of which he or she is entitled to Workers' Compensation The employee will, no later than the working day next following the commencement of such absence, inform the employer of the inability to attend for duty and as far as practicable state the nature of the illness or injury and the estimated duration of the absence In the case of an employee employed subject to 35 Shiftwork, that employee will, prior to the commencement of work or as soon as it is reasonably practicable and during the ordinary hours of the first day or shift, inform the employer of his or her inability to attend for duty, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence the employee will inform the employer within 24 hours of the commencement of the absence The employee will prove to the satisfaction of the employer, or in the event of a dispute of a Board of Reference, that he or she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed. For such purpose the employer may require the employee to make a statutory declaration or produce other reasonable evidence which is satisfactory to the employer, justifying the cause of absence. AW772144CRA

20 39.1.6(a) An employee will be entitled to paid leave of absence for not more than 38 hours of working time owing to such ill health or injury during his or her first sick leave year of continuous service with an employer. Such sick leave year will be defined in Provided that in the period of employment with an employer from the date of engagement until the 31 December next following, the employee, after one month's continuous service, will only be entitled to a period of paid sick leave proportionate to the balance of the current year from the date of engagement calculated on the basis of 3.17 hours ordinary pay for each complete month or part thereof. If such employee during his or her first sick leave year of continuous service with an employer subsequently leaves the employment of his or her own accord other than on account of personal illness substantiated by a medical certificate or is dismissed for misconduct before completion of the said period, the employer may deduct from any monies due to the employee, an amount equivalent to the value of any paid sick leave allowed in excess of that to which the employee would be entitled if calculated on the basis of 3.17 hours ordinary pay for each complete month of service or part thereof (b) He or she will be entitled during the second sick leave year of continuous service with an employer to paid leave of absence for not more than 46 hours of working time, subject to any accumulated leave to which he or she may be entitled in accordance with (c) He or she will be entitled during the third or subsequent sick leave year of continuous service with an employer to paid leave of absence for not more than 61 hours of working time, subject to any accumulated leave to which he or she may be entitled in accordance with (d) The hours of accumulated sick leave standing to the credit of each employee as at 1 January 1984, will be adjusted by dividing the total hours of sick leave as at 31 December 1984, by 38/40ths An employee under any system of payment by results entitled to paid leave of absence under this part will be paid at the time-work rate applicable to the classification. The time work rate applicable to the classification is the weekly wage rate applicable to that classification defined in 24 and includes the supplementary payment For the purpose of this clause, a month will be reckoned as commencing with the beginning of the first day of the employment or period of employment in question and as ending at the beginning of the day which in the latest month in question has the same day number as that which the commencing day has in its month and if there be no such day in such subsequent month, will be reckoned as ending at the end of such subsequent month. AW772144CRA

21 For the purpose of this clause, where an employee is terminated by the employer and is re-employed by that employer within a period not exceeding three months from the date of such dismissal, the service with the employer immediately prior to the dismissal will be taken into account in calculating the employee's entitlement to sick leave. That is to say, the employee's entitlement to sick leave will be calculated as though the employee's period of service has been continuous, and any sick leave credits accrued to the employee at the time of termination will not be affected to the detriment of the employee Cumulative sick leave Sick leave will accumulate from year to year so that any balance of the period prescribed above which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed, will be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulated pursuant to this subclause will be available to the employee for a period of eight years but no longer from the end of the year in which it accrues For the purpose only of sick leave entitlements provided in this clause, and where a clothing industry business is transmitted from an employer to another employer and a worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee within two weeks of such transmission: (a) the continuity of the employment of the employee will be deemed not to have been broken by reason of such transmission; (b) the period of employment which the employee has had with the transmittor or any prior transmittor will be deemed to be employment of the employee with the transmittee; (c) transmission for the purpose of this subpart includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding interpretation For the purpose of this part, a year will be deemed to be from the first day of January to the 31st day of December inclusive Sickness on rostered day off Where an employee is absent on account of illness or injury on the weekday he or she is to take off in accordance with an arrangement pursuant to 35 - Shiftwork, he or she will not be entitled to sick pay nor will his or her sick pay entitlement be reduced as a result of his or her absence on that day. AW772144CRA

22 Use of sick leave for family leave An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support will be entitled to use, in accordance with this subpart, any sick leave entitlement which accrues after the date of this order for absences to provide care and support for such persons when they are ill The employee will, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned The entitlement to use sick leave in accordance with this subpart is subject to: (a) the employee being responsible for the care of the person concerned; and (b) the person concerned being either: a member of the employee's immediate family; or a member of the employee's household (c) the term immediate family includes: a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; and a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee The employee will, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee will notify the employer by telephone of such absence at the first opportunity on the day of absence Unpaid leave for family purpose An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill. AW772144CRA

23 Annual leave Notwithstanding the provision of this part, an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them Access to annual leave, as prescribed in , will be exclusive of any shutdown period provided for elsewhere under this award An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken Time off in lieu of payment for overtime An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is an hour for each hour worked An employer will, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under where such time has not been taken within four weeks of accrual Make-up time An employee may elect, with the consent of their employer, to work make-up time, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in this award Grievance process In the event of any dispute arising in connection with any part of this clause, such a dispute will be processed in accordance with the dispute settling provisions of this award. 40. PARENTAL LEAVE 40.1 Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work regular part time in connection with the birth or adoption of a child. AW772144CRA

24 Definitions For the purposes of this clause: (a) For the purposes of 40.2 Maternity leave and 40.3 Paternity leave, Child means a child of the employee under the age of one year (b) For the purposes of 40.4 Adoption leave, Child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more (c) Continuous service means service under an unbroken contract of employment and includes: any period of leave taken in accordance with this clause, any period of regular part time employment worked in accordance with this clause, or any period of leave or absence authorised by the employer or by the award (d) (e) (f) (g) (h) (i) Employee includes a regular part time employee but does not include an employee engaged upon casual or seasonal work. Maternity leave means any leave of the type provided for in 40.2 whether prescribed in an award or otherwise. Paternity leave means leave of the type provided for in 40.3 whether prescribed in an award or otherwise. Primary care-giver means a person who assumes the principal role of providing care and attention to a child. Relative adoption occurs where a child, as defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage). Spouse includes a de facto or a former spouse Maternity leave Nature of leave Maternity leave is unpaid leave. AW772144CRA

25 Eligibility for maternity leave (a) (b) (c) An employee who becomes pregnant, upon production to her employer of the certificate required by , will be entitled to a period of up to 52 weeks maternity leave provided that such leave will not extend beyond the child's first birthday. This entitlement will be reduced by any period of paternity leave taken by the employee's spouse in relation to the same child and apart from paternity leave of up to one week at the time of confinement will not be taken concurrently with paternity leave. Subject to and the period of maternity leave will be unbroken and will, immediately following confinement, include a period of six weeks compulsory leave. The employee must have had at least 12 months continuous service with that employer immediately preceding the date upon which she proceeds upon such leave Certification At the time specified in the employee must produce to her employer: (a) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; (b) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment Notice requirements (a) An employee will, not less than ten weeks prior to the presumed date of confinement, produce to her employer the certificate referred to in (a) (b) An employee will give not less than four weeks notice in writing to her employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken and will, at the same time, produce to her employer the statutory declaration referred to in (b) (c) An employer by not less than 14 days notice in writing to the employee may require her to commence maternity leave at any time within the six weeks immediately prior to her presumed date of confinement (d) An employee will not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with (b) if such failure is occasioned by the confinement occurring earlier than the presumed date. AW772144CRA