5.1.2 Australia Post - Australia Post, to the extent that another award or awards provide for the application of this award.

5.2 Who the award applies to
This award applies to all employees employed in classifications covered by Australia Post awards subject to any limitations or exclusions specified within those awards and this award.

6. RELATIONSHIP WITH OTHER AWARDS AND DETERMINATIONS

6.1 Relationship with other awards

6.1.1 Previous Award
This award supersedes the Australia Post General Conditions of Employment (Interim) Award 1995 [Print M9496 [A1686]] but no right, obligation or liability incurred under that award will be affected by such supersession.

6.1.2 Other Awards
This award operates in conjunction with :

6.2 Inconsistency with Determinations

This award will be read in conjunction with determinations made from time to time under s. 89 of the Australian Postal Corporation Act 1989.

6.2.1 Where a determination is inconsistent with the provisions of this award, the latter will prevail.

7. ANTI-DISCRIMINATION

7.1 It is the intention of the respondents to this award to achieve the principal object in section 3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

7.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

7.3 Nothing in this clause is to be taken to affect:

7.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

7.3.2 junior rates of pay, until 22 June 2000, or later date determined by the AIRC in accordance with s.143(1E) of the Act;

7.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

7.3.4 the exemptions in s. 170CK(3) and (4) of the Act.

PART 2 - AWARD FLEXIBILITY

8. WORKPLACE FLEXIBILITY - CERTIFIED AGREEMENT PROVISION

(See ss.113A and 113B of the Act)
Where Australia Post, the union, or employees at a workplace wish to pursue an agreement at the enterprise or workplace level about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process will apply:

8.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established.

8.2 For the purpose of the consultative process, the employees may nominate the Union or another to represent them.

8.3 Where agreement is reached, an application will be made to the AIRC.

9. INDEX OF FACILITATIVE PROVISIONS

9.1 Agreement to Vary Operation of Award Provisions

9.1.1 This award contains facilitative provisions which allow agreement to be reached between Australia Post and employees on how specific award provisions are to apply at the workplace or enterprise level. The facilitative provisions are identified in paragraphs 9.2.1 and 9.3.1.

9.1.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice.

9.1.3 Facilitative provisions are not be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award. Employees are not to be coerced to reach agreement on facilitative provisions.

9.1.4 Where relevant circumstances change, any party involved can review the arrangements established under these facilitative provisions, and can, subject to an appropriate period of notice, withdraw their agreement.

9.2 Facilitation by Individual Agreement

9.2.1 The following facilitative provisions can be utilised upon agreement between Australia Post and an employee provided that the agreement complies with clause 9.2.2, 9.2.3 and 9.2.4.

  Subject matter                                                     Clause No
  Hours of Duty                                                      21.2
  Notice of Reduction in Hours - Part-Time Employees                 21.3.3
  Hours of Duty - Make Up Time                                       21.4 
  Hours of Duty - Meal Break                                         21.5
  Overtime - Time Off Instead of Payment                             22.2
  Seven Day Shift Workers-Additional R/L-Payment in Lieu             25.8.1
  Seven Day Shift Workers - Payment for Public HolidaysDuring Leave  25.8.2
  Substitution of Public Holidays by Agreement                       31.4

9.3 Facilitation by Majority Agreement

9.3.1 The following facilitative provisions can be utilised upon agreement between Australia Post and the majority of employees in the workplace or part of it provided that the agreement complies with 9.2.2, 9.2.3 and 9.2.4. Unions with members employed in the workplace or part of it, shall be informed of the intention to use the facilitative provisions.

Subject matter                                     Clause number
Hours of Duty - Meal Break - Technical Employees   10.3 of the Australia 
                                                   Post Technical Award 1999.
Hours of Duty                                      21.2 
Hours of Duty - Meal Break                         21.5

9.4 Dispute Over Facilitation

In the event that a dispute or concern arises over the implementation or continued operation of a facilitative provision, the matter will be handled under the arrangements in clause 11 - Dispute resolution process.

PART 3 - CONSULTATION AND DISPUTE RESOLUTION

10. NOTICE BOARDS

To facilitate work related communication between employees and their union and/or employee representatives at the workplace, the employer will permit the use of notice boards. The employer retains the right to reject and remove the posting of any material which is not in relation to agreements or award related issues.

11. DISPUTE RESOLUTION PROCESS

11.1 A procedure for the avoidance and resolution of disputes will apply in all facilities covered by this award. The mechanism and procedure for resolving disputes will be as follows:

11.1.1 The employee will discuss the matter with their immediate manager/supervisor, however in circumstances where the matter may relate to the behaviour or actions of the immediate manager and it would be inappropriate to discuss the matter at that level, the employee may discuss the matter with the next highest level of management. The employee may choose to be accompanied by the relevant union delegate/official or another employee representative.

11.1.2 If the matter is not resolved at that level, the employee concerned may arrange further discussions involving more senior levels of management. The employee may choose to be accompanied by the relevant union delegate/official or another employee representative.

11.1.3 If the issue involves more than one employee, the employees involved, or management may raise the issue at the level considered appropriate. The employees may choose to be accompanied by the relevant union delegate/official or another employee representative.

11.1.4 If the matter remains unresolved after points 11.1.1 to 11.1.3 above have been followed, it may be notified to the Australian Industrial Relations Commission. The Commission may take action consistent with its powers under the Workplace Relations Act 1996 to deal with the matter.

11.2 In order to facilitate the procedure in 11.1:

11.2.1 The employee concerned must notify the relevant level of management of the problem at the earliest opportunity;

11.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;

11.2.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the dispute resolution procedure is carried out as quickly as possible.

11.3 While the parties are attempting to resolve the matter the employee will continue to work in accordance with the Australia Post Award 1999 and the contract of employment unless the employee has a reasonable concern about an immediate threat to his or her health or safety. Subject to relevant provisions of the Occupational Health and Safety (Commonwealth Employment) Act 1991, even if the employee has a reasonable concern about an immediate threat to his or her health or safety, the employee must not unreasonably fail to comply with a direction by Australia Post to perform other available work, that is appropriate for the employee to perform.

11.4 To assist in the resolution of dispute in Australia Post a union delegate/ employee representative, referred to in 11.1, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of Australia Post.

11.4.1 The specific training courses will be agreed between the employer and the individual employee.

11.4.2 A union delegate/employee representative granted leave of absence under this clause will not suffer any loss of pay.

PART 4 - EMPLOYMENT RELATIONSHIP

12. CATEGORIES OF EMPLOYEES

12.1 General

12.1.1 Employees will be employed in one of the following categories:
12.1.1(a) Permanent employee; or
12.1.1(b) Fixed term employee; or
12.1.1(c) Casual employee.

12.1.2 The engagement of an employee is subject to the person satisfying the prescribed medical assessments as to health and physical fitness and meeting the prescribed character checks.

12.1.3 An employee in category 12.1.1(a) and 12.1.1(b) can be employed on a full-time or part-time basis.

12.1.4 A part-time employee is an employee who works less than full-time hours of 36 3/4 hours per week or an average of those hours.

12.1.5 At the time of engagement, Australia Post will inform each employee in writing of the terms of their engagement, including:

12.2 Permanent Employees

12.2.1 A person engaged as a permanent employee will be on probation for a period of three months or where the employee is subject to a formal training program for the duration of the program, whichever is the longer. After this period, the employment is confirmed or terminated.

12.2.2 An employee on probation must be given one week's notice of termination or payment in lieu therof. The period of notice in this clause does not apply in the case of termination for serious and wilful misconduct.

12.3 Fixed Term Employees

12.3.1 A fixed term employee is a person engaged for an extended fixed period, or to undertake a specific task.

12.3.2 Where the services of a fixed term employee are terminated before the expiry of the period fixed by the terms of engagement, the employee is entitled to notice in accordance with s. 170CM(2) of the Workplace Relations Act 1996.

12.4 Casual Employees

12.4.1 A casual employee is a person engaged in relieving work or work of a casual, irregular or intermittent nature or of a short term duration and who is engaged and paid by the hour but does not include an employee who could properly be classified as permanent or fixed term.

12.4.2 An employee will not be engaged as a casual to avoid any obligations of this award.

13. PERMANENT / FIXED TERM EMPLOYEES - CONDITIONS OF SERVICE

13.1 Full-time Employment

Unless otherwise specified, the conditions of service prescribed by this award apply to permanent and fixed term full-time employees.

13.2 Part-time Employment

Permanent and fixed term part-time employees are generally subject to the same provisions, on a pro-rata basis, as prescribed for permanent and fixed term full-time employees in the body of the award. Where different provisions apply to part-time employees, these are specified in the relevant clause.

14. CASUAL EMPLOYEES - CONDITIONS OF SERVICE

14.1 A casual employee is to be paid the normal hourly rate applicable to a permanent employee of the same classification plus a loading of 22.5%.

14.2 A casual employee shall be paid overtime if the daily hours exceed 7 hours 21 minutes. The overtime is paid at the overtime penalty rate applicable to full- time employees on that day.

14.3 Casual employees are entitled to the same ordinary duty penalties as apply to permanent employees for duty on the particular day. Such penalties are in addition to the 22.5% loading on the normal hourly rate.

14.4 Except to the extent provided in this clause and clause 12 - Categories of employees, the provisions of this award do not apply to casual employees.

14.5 Caring responsibilities

14.5.1 Subject to the evidentiary and notice requirements in clauses 26.5, 26.6.2 and 26.6.3, casual employees are entitled to not be available to attend work, or to leave work:
14.5.1(a) if they need to care for members of their immediate family (as defined in clause 26.1) or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or
14.5.1(b) upon the death of an immediate family member (as defined in clause 27.3.2) or household member.
14.5.2 Australia Post and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
14.5.3 Australia Post must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of Australia Post to engage or not to engage a casual employee are otherwise not affected.

PART 5 - SALARY RATES AND RELATED MATTERS

15. CLASSIFICATIONS

15.1 Classifications

15.1.1 Work Level Standards
Employees are to be classified in accordance with relevant Work Level Standards where such standards exist.

15.1.2 Employee Duties
15.1.2(a) Australia Post may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training, consistent with the relevant classification structure and work level standards.
15.1.2(b) Any such direction shall be consistent with Australia Post's responsibility to provide a safe and healthy work environment.

15.1.3 Training
15.1.3(a) Australia Post shall provide employees with training relevant to the duties to be performed.
15.1.3(b) Information outlining such training shall be held available at each workplace.

15.2 Selection

15.2.1 Employees
The selection of employees for positions shall be in accordance with procedures determined by Australia Post, following consultation with unions.

15.2.2 Information
Australia Post shall hold available at each workplace information relating to selection procedures relevant to classifications employed at that workplace.

16. PAYMENT OF SALARIES

16.1 Fortnightly pay

Payment is to be made fortnightly, at the fortnightly equivalent of the annual rates prescribed.

16.2 Method of Payment

Salaries will be paid by electronics funds transfer into a financial institution nominated by the employee or with the agreement of Australia Post by cheque to the employee's home address.

16.3 Death of Employee

Where an employee dies, payment in lieu of annual leave including annual leave loading and outstanding salary may be made to the dependants of the employee, or, if the employee has no dependants, to the legal personal representative of the employee.

17. NATIONAL TRAINING WAGE

The parties to this award will comply with the terms of the National Training Wage Award 1994, as varied, as though bound by clause 3 of that award.

18. SUPPORTED WAGE SYSTEM

18.1 Definitions

This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:

18.1.1 Supported Wage System means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

18.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system.

18.1.3 Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

18.1.4 Assessment instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the supported wage system.

18.2 Eligibility Criteria

18.2.1 Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

18.2.2 The clause does not apply to any existing employee who has a claim against Australia Post which is subject to the provisions of workers' compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

18.2.3 The clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or s.12A of the Disability Services Act, or if a party only has received recognition, that part.

18.3 Entitlement

18.3.1 Supported Wage Rates
Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:
Assessed Capacity(18.1.4) % of prescribed award rate

  10%*   10%
  20%    20%
  30%    30%
  40%    40%
  50%    50%
  60%    60%
  70%    70%
  80%    80%
  90%    90%

18.4 Assessment of Capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:

18.4.1 Australia Post and a union party to the award, in consultation with the employee or, if desired by any of these;

18.4.2 Australia Post and an accredited assessor from a panel agreed by the parties to the award and the employee.

18.5 Lodgement of Assessment Instrument

18.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by Australia Post with the Registrar of the Australian Industrial Relations Commission.

18.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is a party to the award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

18.6 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 shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

18.7 Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall 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 workers covered by this award paid on a pro rata basis.

18.8 Workplace Adjustment

Where Australia Post wishes to employ a person under the provisions of this clause, it shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve the re-design of the job duties, working time arrangements and work organisation in consultation with other workers in the area.

18.9 Trial Period

18.9.1 In order for an adequate assessment of the employee's capacity to be made, Australia Post may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

18.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

18.9.3 The amount payable to the employee during the trial period shall be $50 per week or such greater amount as is agreed from time to time between the parties (taking into account the Department of Social Security income test free area for earnings) and inserted in this award.

18.9.4 Work trials should include induction or training as appropriate to the job being trialled.

18.9.5 Where Australia Post and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 18.3 Entitlement hereof.

19. ALLOWANCES

19.1 Dependant Allowance

19.1.1 Eligibility
An employee under 21 years of age who has a wholly or substantially dependent spouse and/or child and whose annual salary is below $23236 shall be paid an allowance to raise the employee's salary to that amount.

19.1.2 Spouse
For the purpose of this clause, spouse includes a defacto spouse.

19.2 Excess Fares

An employee on temporary duty away from the employee's head station shall be paid an allowance equal to any excess costs incurred in travelling between the employee's residence and the temporary station.

19.3 First Aid Allowance

Employees appointed as first aid attendants shall be paid an allowance at the relevant rate specified for the qualification held as set out in Table 1 below. Table 1 First Aid Allowance (19.3)

Standard / Qualification Held / Rate per Week
Certificate Standard A                 
  St John Ambulance Australia Senior First Aid Certificate 
  Level 2 First Aid Certificate; or 
  an equivalent qualification.                                           $7.00
Certificate Re-examination Standard B 
  St John Ambulance Australia Advanced First Aid Certificate
  Level 3 First Aid Certificate; or
  Australian Red Cross Occupational First Aid Course Certificate; or
  an equivalent qualification.                                           $8.60
Medallion Standard C                   
  St John Ambulance Occupational First Aid/Level 4 First Aid Certificate; or
  an equivalent qualification.                                          $10.50

19.5 Higher Duties Allowance

An employee who temporarily performs duties at a higher level will be paid an allowance as follows:

19.5.1 Payment Rate
19.5.1(a) if all of the duties of the higher level are performed, an amount to raise salary to the rate that would have been received had the employee been promoted to the level;
19.5.1(b) if only part of the duties of the higher level an amount commensurate with the proportion of higher duties performed.

19.5.2 Allowance Regarded as Salary for Other Purposes
An allowance granted under this clause shall be regarded as salary for the purposes of calculating penalty payments and excess travelling time.

19.5.3 Minimum Period
An employee cannot be paid higher duties allowance unless the period is at least 1/2 a day (continuous) provided that any continuous periods between 1/2 a day and a day shall be regarded as 1 full day for payment purposes.

19.5.4 Payment During Leave
An employee in receipt of higher duties allowance who proceeds on paid leave shall continue to be paid the allowance during the leave if the allowance would have been paid but for the granting of leave.

19.6 Intermittent Driving Allowance

19.6.1 Adult Employee
An employee who is in receipt of salary less than the rate payable to a Postal Transport Officer and who is required to drive a motor vehicle or a fork lift on any day or part day shall be paid an allowance to raise salary for that day to the Postal Transport Officer rate. The determination of the allowance shall be subject to the normal rules for the payment of higher duties allowance.

19.6.2 Junior Employee

An employee less than 21 years of age and on junior rates who is required to drive a motor vehicle or a fork lift on any day or part of a day shall be paid such an allowance as is necessary to raise salary for that day to an amount equivalent to the appropriate percentage specified for the age in Table 2 below of the minimum salary payable to a Postal Transport Officer specified in Schedule A of the Australia Post Operations Award 1999.

Table 2

  Age of Employee   Percentage of minimumAdult Salary
  Under 17 years    50
  At 17 years       60
  At 18 years       70
  At 19 years       81
  At 20 years       91

  Vehicle Type                                          Rate per Day
  Light Rigid Vehicle (Trucks from 4.5 to 13.9 tonnes 
                             Gross Vehicle Mass)             $ 2.39
  Heavy Rigid Vehicle(Trucks exceeding 13.9 tonnes 
                          Gross Vehicle Mass)                $ 4.73
  Articulated Vehicle(Linehaul, wharf work and heavy 
                            rigid/dog trailer combinations)  $ 8.18
  Road Train(B double combinations)                          $11.09

20. DEDUCTIONS FROM SALARIES OF RENT FOR RESIDENCE

20.1 Supervision of Property

If an employee resides in a building which is owned or leased by Australia Post, and the employee has an incidental obligation of supervision or control over personnel or property, Australia Post has the right to direct that rent be charged and deducted from the employee's salary. The amount of rent charged must be fair and reasonable, not exceeding 10 per cent of the lowest total award rate for the employee's classification.

PART 6 - HOURS OF WORK, OVERTIME, EXCESS TRAVELLING TIME AND SHIFT WORK

21. HOURS OF DUTY

21.1 Specific Provisions
Hours of duty applicable to an employee are specified in the relevant specific award.

21.2 Hours of Duty - Facilitative Provisions

By agreement with either the majority of employees or on the basis of individual agreement these conditions may be varied in the following manner:

21.2.1 The ordinary hours of duty of employees shall not exceed 36 3/4 hours per week or an average thereof provided that the weekly hours for day workers may be averaged over a cycle of no longer than 4 weeks.

21.2.2 The ordinary hours of day workers may be between the hours of 6.30 a.m. and 6.00 p.m.

21.2.3 Ordinary hours of duty shall be worked on an average of no more than 5 attendances per week over a cycle.

21.2.4 Ordinary hours of duty on any one day may be between six and ten hours.

21.3 Part-time Employees

21.3.1 Continuous Duty
The ordinary hours of duty of part-time employees shall be continuous on any one day. An unpaid meal break shall not be regarded as breaking continuity of duty.

21.3.2 Hours Specified
At the time of engagement, Australia Post and the part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work, or, where appropriate, the number of shifts in the cycle and the actual starting and finishing times each day/shift.

21.3.3 Hours Varied
Subject to 21.3.4 and 21.3.5, the hours of duty of part-time employees may be varied to meet Australia Post's operating requirements, following consultation with the employee and having regard to the needs of the employee. Any variations will be recorded in writing. Family responsibilities of part-time employees are to be considered when varying hours of duty.

21.3.4 Notice
Part-time employees must be given a reasonable period of notice of a variation of hours of duty. Where a reduction in hours will occur, no part-time employee shall be given less than three months notice of a reduction in hours unless the employee agrees to a shorter period.

21.3.5 Initiated by Employee
Where the permanent part-time employment arrangement was initiated by the employee, the hours of duty can only be varied during the period for which the arrangement was approved, with the consent of the employee. However if the arrangement extends beyond 12 months, the hours of duty may be varied after 12 months in accordance with 21.3.3.

21.4 Make Up Time
An employee may elect, with the consent of Australia Post, to work make up time under which the employee takes time off ordinary hours, and works the time taken off at a later time, during the spread of ordinary hours applicable to the employee, at ordinary rates.

21.5 Meal Break
An employee shall not be employed for more than 5 hours continuously without being granted a meal break of not less than 30 minutes nor more than 75 minutes, provided that:

21.5.1 by agreement between Australia Post and an employee or a majority of employees in the workplace concerned a longer period for the meal break may be arranged;

21.5.2 by agreement between Australia Post and an employee, the employee concerned may work in excess of 5 hours but not more than 6 hours without a meal break.

21.5.3 However, where an employee is required to work in excess of 5 hours on any day or shift, a meal break must be granted.

22. OVERTIME

22.1.1 Reasonable overtime
22.1.1(a)(i) Subject to clause 22.1.1(b) an employer may require an employee to work reasonable overtime in accordance with the provision of this clause.
22.1.1(a)(ii) Provided that this subclause does apply to employees employed in accordance with the provision of clause 28.4.3 (Parental leave - part-time work).
22.1.1(b) 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:
22.1.1(b)(i) any risk to employee health and safety;
22.1.1(b)(ii) the employee's personal circumstances including any family responsibilities;
22.1.1(b)(iii) the needs of the workplace or enterprise.
22.1.1(b)(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
22.1.1(b)(v) any other relevant matter.

22.1.2 Salary
An employee's salary for the purpose of computation of overtime includes higher duties allowance and any other allowance in the nature of salary.

22.1.3 Hourly Overtime Rate
22.1.3(a) The hourly rate for overtime payment is ascertained by the following formula:

(A / 313 x 6 / 36.75) x P
Where: A is the annual salary; and
P is the prescribed rate.

22.1.3(b) For the purpose of 22.1.3(a), the prescribed rates (P) for overtime duty are:
22.1.3(b)(i) Monday to Friday - 150% for first 3 hours and 200% thereafter
22.1.3(b)(ii) on public holidays ? 250%;
22.1.3(b)(iii) on Sundays ? 200%; and
22.1.3(b)(iv) on Saturdays ?

22.1.4 Part Time Employees
22.1.4(a) Part-time employees are eligible for overtime penalty rates applicable to full-time employees in the following circumstances:
22.1.4(a)(i) duty in excess of 7 hours 21 minutes on any one day;
22.1.4(a)(ii) where an employee is required to work on more than 5 days per week.
22.1.4(b) Duty in excess of normal requirements but which does not attract a penalty under 22.1.4(a) will be paid at the rate applicable to ordinary duty on that day.

22.1.5 Sunday Duty - Day Off In Lieu
Where an employee, who has been required to perform in addition to the prescribed hours of duty for the week, a full day's duty on Sunday, wherever practicable, is to be granted a day off during the 6 days succeeding that Sunday and, in such cases, the payment for Sunday attendance is one day's pay instead of the Sunday overtime rate.

22.1.6 Employees Ineligible for Overtime
Employees being paid at the level of Administrative Officer 6 or Postal Manager Grade 3 are not eligible to receive overtime payments or time off in lieu.

22.2 Overtime - Time Off Instead of Payment

22.2.1 Time Off Instead of Overtime Payment
By mutual agreement between Australia Post and an individual employee, time off during ordinary working hours is allowed instead of payment for overtime under this award. Such agreement is to be made in writing.

22.2.2 Amount of Time Off
22.2.2(a) Time off instead of payment for overtime is based on the number of ordinary hours equivalent to the appropriate overtime rates for the hours worked.
22.2.2(b) By mutual agreement between Australia Post and the individual employee, the employee may be paid at ordinary rates for the time worked and take time off equivalent to the rate of the residual penalty payment.

22.2.3 Timing of Time Off
22.2.3(a) Time off instead of payment for overtime is to be granted and taken as agreed between Australia Post and the employee and within agreed time frames.
22.2.3(b) Where it is not practicable for time off to be granted or taken within the agreed time frame, the employee is to be paid for the overtime worked at the prescribed rate of payment.

22.2.4 Eligibility
Time off instead of payment for overtime only applies to employees who are eligible to receive overtime payments in accordance with 22.1.

22.3 Minimum Overtime Payment

22.3.1 Four Hour Minimum
Subject to this clause, where an employee is required to perform overtime duty, and such duty is not continuous with ordinary duty, the minimum overtime payment payable for each separate overtime attendance is for four hours at the prescribed overtime rate. An exception to the minimum overtime payment payable applies to a part-time employee whose ordinary hours of duty for that day are less than four hours, in which case the minimum extra payment is the prescribed ordinary hours of duty for that day.

22.3.2 Meal Breaks Disregarded
For the purpose of this clause, meal breaks are disregarded.

22.3.3 Duty after Midnight
Where an overtime attendance not continuous with ordinary duty, involves duty both before and after midnight, it is regarded as one attendance for minimum payment purposes. Where a higher overtime rate applies on one of the days, the minimum payment is calculated at the higher rate.

22.3.4 Restriction
An employee, who is required to remain contactable and available to perform duty outside ordinary hours of duty and is required to actually perform such duty, is paid overtime in accordance with this clause subject to the following minimum payments:
22.3.4(a) where not recalled to the work place, a minimum payment of one hour applies; and
22.3.4(b) where recalled to the workplace, a minimum payment of three hours applies.
22.3.4(c) Provided that where duty is performed more than once, the minimum overtime payment provisions of 22.3.4(a) and 22.3.4(b) do not operate to increase an employee's overtime remuneration beyond that which would have been received had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.

22.3.5 Overtime to Restore Essential Services
22.3.5(a) An employee may be required to perform duty away from the normal work place outside ordinary hours of duty in order to restore essential services in emergency circumstances either by using a remote computer terminal or by providing technical advice over the telephone.
22.3.5(b) Where an employee performs duty in accordance with 22.3.5(a), the provisions in 22.3.4 apply.

22.4 Rest Relief after Overtime

22.4.1 10 Hour Break
22.4.1(a) An employee, after the completion of overtime and ordinary duty on one day/shift, must be given at least 10 consecutive hours off duty, including travelling time, before resuming any duty on the next day/shift. Any absence during ordinary working time which occurs within the 10 hours will be without loss of salary.
22.4.1(b) Provided that if such an employee is required by Australia Post to resume or continue work without having had 10 consecutive hours off duty the employee is to be paid at double rates until released from duty for that period, and will then be entitled to be absent for 10 consecutive hours off duty, without loss of pay for ordinary working time occurring during that absence.

22.4.2 Eligibility
The rest relief after overtime provisions 22.4 apply only to employees who are eligible for overtime payment.

22.5 Emergency Duty

22.5.1 Eligibility
Where an employee is called on duty to meet an emergency at a time when the employee would not ordinarily have been on duty, and no notice of such call was given prior to ceasing duty, the employee shall be paid for such emergency duty at the rate of 200%.

22.5.2 Travel Time Included
The time for which payment shall be made shall include time necessarily spent in travelling to and from duty.

22.5.3 Minimum Payment
The minimum overtime payment provisions in 22.3 do not apply to emergency duty. The minimum payment for emergency duty shall be for 2 hours at 200%.

22.5.4 Rest Relief
The rest relief after overtime provisions 22.4.1 apply to overtime worked in the circumstances covered by emergency duty 22.5 only where the actual time worked (excluding travelling time) is at least two hours on each call.

22.6 Restriction Duty

22.6.1 Restriction Direction
Australia Post may direct an employee to be contactable and available to perform extra duty outside the employee's ordinary hours of duty, subject to payment under this sub-clause.

22.6.2 Eligibility for Payment
Payment will be subject to the following conditions:
22.6.2(a) except with the approval of Australia Post, employees employed in classifications of Administrative Officer Level 6 or Postal Manager Grade 3 are not eligible to receive payment;
22.6.2(b) the provisions of 22.5 will not apply where an employee is recalled to duty while restricted.

22.6.3 Rate of Payment
An employee who is required to remain contactable and available to perform extra duty outside the employee's ordinary hours of duty will, subject to 22.6.2, be paid an allowance:
22.6.3(a) at a rate of 7.5% of the employee's hourly rate of salary for each hour restricted Monday to Friday;
22.6.3(b) at a rate of 10% of the employee's hourly rate of salary for each hour restricted Saturday and Sunday;
22.6.3(c) at a rate of 15% of the employee's hourly rate of salary for each hour restricted on public holidays and rostered days off;
22.6.3(d) a rostered day off in this clause is a day which has been accrued by an employee on a Reduced Attendance Roster and is not a day off that is rostered for a shift worker as part of the pattern of work.

22.6.4 Salary
An employee's salary for the purpose of calculation of the allowance under 22.6.3 includes:
22.6.4(a) higher duties allowance; or
22.6.4(b) the normal salary applicable to the position, the occupant of which is required to be restricted, whichever is the higher; and
22.6.4(c) any other allowances in the nature of salary.

22.6.5 Calculation
The hourly rate of payment will be calculated as follows:

annual salary  x  6  x  % of salary prescribed in 21.6.3
        313                         36.75

23. EXCESS TRAVELLING TIME

23.1 Excess Travel

An employee who is travelling or on duty away from the employee's head station will be paid for the time necessarily spent in travel or on duty (exclusive of overtime duty) in excess of:
23.1.1 the employee's usual hours of duty for the day; and

23.1.2 the time necessarily spent between departing from home and commencing duty at the employee's head station and the time necessarily spent between ceasing duty at the head station and arrival at home.

23.2 Minimum Time

Payment will not be made unless the excess time is more than:

23.2.1 1/2 hour in any 1 day; or

23.2.2 21/2 hours in any pay period in the case of an employee whose ordinary hours are confined to 5 days of the week; or

23.2.3 in the case of a part-time employee who works on less than 5 days per week, an amount of time in any pay period determined by multiplying the number of days worked each pay period by 15 minutes. For example: if a part-time employee works 4 days per week, excess travelling time would not be payable under this provision unless the excess time is more than 2 hours in a pay period determined by multiplying 8 days worked each pay period by 15 minutes.

23.3 Maximum Time

Payment will not be made for more than 5 hours in any one day.

23.4 Rate

The rate of payment is:
23.4.1 Mondays to Saturdays - single time; and
23.4.2 Sundays and Public Holidays - single time and one half.

23.5 Headstation

The term head station for the purpose of this clause means:

23.5.1 Fixed Place of Work
For employees who are required ordinarily to work day by day at the same fixed place for work ? the place so fixed by Australia Post; and

23.5.2 Variable Place of Work
For employees whose place of work is variable within a specified district - a place within the district fixed by Australia Post and advised in writing to the employee.

23.6 Travelling Time

Travelling time includes:

23.6.1 Waiting Time for Public Transport
The time during which an employee has to wait for change of trains or other scheduled conveyance and/or trains or other scheduled conveyance between the advertised and actual time of departure;

23.6.2 Waiting Time at Work Scene
In the case of an employee not absent from the permanent or temporary head station overnight, the time spent by that employee outside the usual hours of duty for the day in waiting between the time of arrival at the scene of work and the time of commencement of work, and/or between the time of ceasing work and the time of departure of the first available train or other means of conveyance; and

23.6.3 Travelling Time on Transfer
Time spent in travelling on transfer in all cases where transfer expenses are allowed except where the transfer involves promotion which carries increased pay.

23.6.4 Travelling Time Does Not Include:
23.6.4(a) time of travelling in which an employee is required to perform any duty while travelling or walking, or cycle or drive a vehicle in which cases the time spent on such activities is regarded as duty; and
23.6.4(b) time of travelling by train between 10.30 p.m. and 7 a.m. where a sleeping berth is provided on the train, or any time of travelling (day and night) by train from one capital city to another where a sleeping berth is provided.

23.7 Employee Required to Work within a District

An employee may be required to work at any place within a district and may be required to proceed direct to that place of work without proceeding to the head station. If the time necessarily spent by an employee in proceeding direct to and returning from such a place of work establishes a claim for payment for excess travelling time, it shall be dealt with under the general provisions of this clause.

23.8 Eligibility

An employee being paid at a level of Administrative Officer 6 or Postal Manager Grade 3 is not entitled to payment for excess travelling time.

23.9 Meaning of a Day

A day means from midnight to midnight.

24. SHIFT WORK

24.1 Shift Penalties

24.1.1 Ordinary Duty Between 6 p.m. and 6.30 a.m.
An employee who is rostered to perform and performs ordinary duty on a shift, any part of which falls between the hours of 6 p.m. and 6.30 a.m., will be paid an additional 15% of salary for that shift.

24.1.2 Ordinary Duty Wholly Between 6 p.m. and 8 a.m.
A full-time employee, who is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift falling wholly within the hours of 6pm and 8am, shall be paid an additional 30% of salary for that shift.

24.1.3 Part-time Employees
A part-time employee who is required to work ordinary hours for a period exceeding 4 weeks on a shift falling wholly within the hours of 9.00pm and 6.30am, shall be paid an additional 30% of salary for that shift.

24.1.4 Saturday Ordinary Duty
For all rostered time of ordinary duty performed between midnight on Friday and midnight on Saturday, an employee shall be paid at the rate of 50% additional to the ordinary rate of pay.

24.1.5 Sunday Ordinary Duty
For all rostered time of ordinary duty performed between midnight on Saturday and midnight on Sunday, an employee shall be paid at the rate of single time additional to the ordinary rate of pay.

24.1.6 Public Holiday Duty
Subject to this clause, for duty which is not in excess of the prescribed weekly hours on a day which is a public holiday in accordance with clause 31 - Public Holidays, an employee shall be paid an extra payment at the rate of time and a half for the actual time worked on the holiday. However, except with the approval of Australia Post, an employee being paid at a level of Administrative Officer Level 6 or Postal Manager Grade 3 is not eligible for payment under this paragraph other than for rostered duty.

24.2 Payments Stand Alone

The additional payments prescribed by this clause will not be taken into account in the computation of overtime or in the determination of any allowance based upon salary, nor will they be paid with respect to any shift for which any other form of penalty payment is made under this award.

24.3 Payment During Training Courses

Shift penalties prescribed by 24.1 will be paid during attendance at a management initiated training course or a training course conducted in accordance with the Australia Post Occupational Health and Safety Agreement for any shifts which an employee would have performed but for attendance at the course.

24.4 Payment During Annual Leave

Shift penalty payments will be made in respect of any duty (other than on Public Holidays) which an employee would have performed had the employee not been on approved annual leave, subject to the conditions specified in 24.9 Leave Loading.

24.5 Exchange Of Shifts / Substitute Employee

24.5.1 Exchange of Shifts
An employee is allowed to exchange duties or shifts or days off, or to perform duty for another employee, with the approval of the manager.

24.5.2 Substitute Employee
An employee who has conscientious scruples against attending for duty on a day of religious observance may apply for permission to furnish a substitute employee.

24.6 Stretch Of Shift

24.6.1 Employees whose ordinary hours of duty, broken or unbroken, exceeds 10 hours in the case of Mail Officers, or 12 hours in the case of other employees shall be paid at ordinary rates of pay, in addition to salary, (but not in addition to overtime) for all time actually worked beyond the said period of 10 or 12 hours as the case may be.

24.6.2 Provided that in cases where Postal Delivery Officers begin work before 6am and their stretch of shift exceeds 11 hours, the additional payment shall be made in respect of all time actually worked in excess of the said 11hours.

24.7 Interval Between Shifts

24.7.1 Shifts shall be arranged so that an employee has a minimum break of 10 hours continuously off duty between shifts:

24.7.2 Provided that this clause will not operate in cases of emergency certified by the officer-in-charge and notified to the employees concerned by posting up the same in some convenient place, nor in cases of regular change over of shifts.

24.8 Duty On A Public Holiday

24.8.1 Minimum Payment
The minimum extra payment payable for ordinary duty on a public holiday for each separate attendance will be for four hours. The exceptions to this are where employees are in any restriction situation, when the minimum extra payment will be for 3 hours; or where employees are part-time and the prescribed normal hours of duty for that day are less than 4 hours, in which case the minimum extra payment is the prescribed hours. Where more than one attendance is involved, the minimum payment provisions payable under this clause will not exceed the amount that would have been payable if the employee had remained on duty from the commencing time of duty on the previous attendance to the ceasing time of duty on a subsequent attendance.
24.8.1(a) For the purposes of 24.8.1:
24.8.1(a)(i) duty broken by a meal period shall not constitute more than one attendance; and
24.8.1(a)(ii) the minimum extra payment shall not be applicable to holiday ordinary duty which, disregarding meal periods, is continuous with ordinary duty occurring on the day preceding or on the day succeeding the holiday.

24.8.2 Day Off Instead of Holiday
A seven day shift worker who is rostered off duty on a public holiday will be granted a day's leave in lieu of that holiday within one month, if practicable, after the holiday or paid one day's pay at ordinary rates.

24.8.3 Christmas and Substitute Holiday
Where 25 December falls on a Saturday or Sunday and another day is provided as a substitute holiday under the provisions of 31.2.1, an employee who works on both 25 December and the substitute day will only be paid at the holiday rate for duty on 25 December. The payment for duty on the substitute day will be in accordance with Clause 24.1.4 - Saturday Ordinary Duty, 24.1.5 - Sunday Ordinary Duty or 22.1 Overtime - General Conditions, as appropriate.

PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS

25. ANNUAL LEAVE

25.1 Entitlement

VIP See Award Variation

Subject to this clause, on the first day of January each year, an employee will receive an annual leave credit or an additional annual leave credit of:

25.1.1 Period
A period equivalent to the employee's ordinary hours of duty during a period of four weeks exclusive of public holidays which fall within the period of leave; or

25.1.2 Remote Localities
In the case of an employee who performs duty in a prescribed remote locality, the amount of annual leave which is credited on 1 January will comprise:
25.1.2(a) a period equivalent to the employee's ordinary hours of duty during a period of four weeks exclusive of public holidays which fall within the period of leave; and
25.1.2(b) such additional period commensurate with the level of hardship associated with that location and the additional time involved during annual leave in travelling from and returning to that location.

25.1.3 Pro Rata Entitlement
In the case of an employee who commences duty after 1 January, the annual leave credit which accrues on the first day of January following the date of commencement shall be calculated at the rate of 1/12 of the period that would have accrued under 25.1.1 and 25.1.2 for each completed month of service.

25.1.4 Leave Without Pay
Where an employee has been absent from duty on approved leave without pay (other than leave without pay which counts as service) for more than 22 working days, the annual leave credit which would otherwise accrue on 1 January is reduced by 1/12 of the period of the credit for each 22 working days on which the employee was so absent, provided that the reduction does not exceed 1 2/3 days for each calendar month of such absence within any calendar year.

25.2 Conditions for Leave

The granting of annual leave is subject to the following conditions:

25.2.1 Application
An application for leave is submitted in the prescribed manner;

25.2.2 Leave to be Taken
Ordinarily leave is to be taken in the year in which it accrues;

25.2.3 Leave Roster
Where operational or audit requirements necessitate, Australia Post may roster an employee to take annual leave at a nominated time, whether or not an application has been made by the employee;

25.2.4 Timing
An employee will be allowed to take annual leave in whole or in part, at a time convenient to the employee, consistent with the operational requirements of Australia Post;

25.2.5 Single days
Despite the provisions of this clause, an employee may elect with the consent of Australia Post, to take annual leave in single day period not exceeding ten days in any calendar year at a time or times agreed between them.

25.2.6 Limit
An employee is not allowed to take leave in excess of available credits, except with the approval of Australia Post;

25.2.7 Credits
Where a period of absence is granted for annual leave, the annual leave credit of the employee is reduced by the period of the leave or, if the period of leave exceeds the credit, the leave credit which next accrues shall be reduced by the period of the excess; and

25.2.8 Excess Credits
If, at any time, the leave credit of an employee exceeds the credit applicable to the previous two years service, Australia Post may direct the employee to take such leave as will reduce the credit to that amount.

25.3 Advance Payment

An employee proceeding on annual leave who has requested payment at least three weeks prior to the commencement of leave is entitled to receive payment in advance.

25.4 Payment Instead of Leave

Except as otherwise provided in this clause and 25.8 - Seven Day Shift Workers - Payment In Lieu of Additional Annual Leave, payment is not to be made or accepted in lieu of annual leave credits.

25.5 Termination Payment

In addition to any other amounts payable under this award, Australia Post must pay to an employee whose employment ceases, otherwise than by death:

25.5.1 an amount equal to the salary that would have been payable had the employee commenced annual leave for a period equivalent to credits at the time of cessation; and

25.5.2 an amount equal to the salary that would have been payable in relation to pro?rata leave calculated on the basis of 1/12 of the normal annual leave entitlement for each completed month of service between the previous 1 January and the date of cessation.

25.6 Recovery of Payments

Nothing in this clause affects Australia Post's rights to recover salary in respect of a period of leave granted in excess of an employee's credit.

25.7 Annual Leave 7 Seven Day Shift Workers

25.7.1 Additional Annual Leave
In addition to the period of annual leave prescribed in 25.1, seven day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays, are allowed an additional week of leave (7 consecutive days) including non?working days.

25.7.2 Part-time Employees
A part-time employee who satisfies the definition of seven day shift worker in 25.7.1 is not eligible for the additional annual leave unless the employee works at least 5 shifts each week or at least the number of shifts a week on average of an equivalent full-time employee.

25.7.3 Pro Rata Entitlement
However where a seven day shift worker is rostered to work on less than 10 Sundays during the accrual period, the shift worker is not entitled to the additional week of leave but shall be granted additional leave at the rate of 1/10 of a working week in respect of each Sunday worked.

25.7.4 Rostered Overtime
Rostered Sunday overtime shifts do not count for the purposes of 25.7.1 where such shifts are less than 3 hours duration. Where a rostered overtime shift commences on a Saturday and extends into Sunday or commences on a Sunday and extends into Monday it is deemed to be a Sunday overtime shift for the purposes of this clause.

25.7.5 Leave On Public Holidays
The annual leave prescribed by this clause is exclusive of public holidays.

25.7.6 Termination Payment
Where leave due under the provisions of 25.7.1 is not granted before the termination of employment it shall be treated in a similar manner to Annual Leave accrued under 25.1.

25.8 Seven Day Shift Workers - Payment In Lieu Of Additional Annual Leave

25.8.1 Payment Instead of Leave
An individual employee may, subject to management agreement, elect to receive payment instead of the additional leave accrued under 25.7 Annual Leave - Seven Day Shift Workers.

25.8.2 Payment For Public Holidays During Leave
An individual employee may elect, subject to management's agreement, to receive payment in lieu of additional leave for public holidays falling during the period of annual leave.

25.8.3 Amount of Payment
The rate of payment in lieu of the additional leave shall be identical to the rate of payment to which the employee would be entitled if the additional leave were taken.

25.9 Annual Leave Loading

25.9.1 Amount
In addition to any amounts payable during a period of annual leave, an employee shall, for the period of leave, receive a loading of the greater of:-
25.9.1(a) 171/2% of salary of the employee as at the accrual date of the leave subject to a maximum payment of the equivalent of the Australian Statistician's average weekly total earnings of all employees (males) August Preliminary for the year preceding the year in which the date of leave credit occurs; or:
25.9.1(b) any additional payments for shift, Saturday or Sunday duty not in excess of prescribed weekly hours which the employee would have performed had annual leave not been taken.

25.9.2 Employed Less Than One Year
Where an employee who commenced employment after 1 January of any year and whose services terminated before the end of that calendar year, salary for purposes of 25.9 is the equivalent of that employee's commencement salary as at 1 January of that year.

25.9.3 Leave Accrual Less than for Full Year
The maximum payment under 25.9.1(a) is to be adjusted on a pro-rata basis where less than a full year of leave credit has accrued.

25.9.4 Meaning of Salary
For the purpose of 25.9.1(a) salary includes any additional payments which the employee received on 1 January of the year in which the leave was credited but does not include payments covered by 25.9.1(b).

25.9.5 Part-time Employees
A part-time employee is entitled to the provisions of this clause. However, for the purposes of 25.9.1(a), the maximum payment is calculated by means of the following formula:

Average Weekly Earnings x (A ö B)

where:

25.9.6 Timing of Payment
As long as an application is made for at least one week of the Annual Leave to which the Annual Leave Loading relates, payment of the Annual Leave Loading is to be made:
25.9.6(a) to employees on a leave roster, at the same time as payment for such leave;
25.9.6(b) to other employees, with the payment for leave following a request for payment of the Annual Leave Loading.

25.9.7 Payment on Termination
An employee whose services terminate for any reason and who is entitled to payment in lieu of accumulated annual leave or in lieu of leave on a pro?rata basis will be paid outstanding loadings from previous years accruals and a pro-rata loading for the last year of service.

26. PERSONAL LEAVE

The provisions of this clause apply to permanent and fixed full-time and part-time employees (on a pro-rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 14.

26.1 Definitions

The term immediate family includes:
26.1.1 spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
26.1.2 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.

26.2 Amount of paid personal leave

26.2.1 Paid personal leave will be available to an employee, other than a casual employee, when they are absent:

26.2.2(a) Period of employment Day(s)

On completion of each 20 days continuous employment during the first 12 months, subject to a maximum of 15 days

On completion of 12 months' employment 			15
On completion of each additional 12 months' employment 	15

In any year, unused personal leave accrues at the rate of the lesser of:

26.2.2(c) Maximum accrual

Personal leave can therefore only accrue at a maximum rate of 15 days per year, such leave is cumulative.

26.3 Personal leave for personal injury or sickness (sick leave) An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

26.4 Personal leave to care for an immediate family or household member (carer's leave)

26.4.1 An employee is entitled to use up to 10 days personal leave, including accrued leave, each year to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, subject to the conditions set out in this clause.
26.4.2 By agreement between Australia Post and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 26.4.1, beyond the limit set out in 26.4.1. In such circumstances, Australia Post and the employee shall agree upon the additional amount that may be accessed.

26.5 Employee must give notice

The manager or another appropriate employee is informed, prior to the commencement of duty, if practicable, of the employee's inability to attend for duty. In the case of carer's leave the employee shall, wherever practicable, give Australia Post notice of the leave prior to the absence, 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

26.6 Evidence supporting claim

26.6.1 An application for sick leave must be supported by the certificate of a duly qualified medical practitioner or other evidence approved by Australia Post.
26.6.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.
26.6.3 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to Australia Post or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

26.7 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. Australia Post and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days per occasion, provided the requirements of 26.5, 26.6.2 and 26.6.3 are met.

26.8 Sick leave without certificate

26.8.1 Despite 26.6.1 and subject to the availability of credits, Australia Post may grant sick leave without production of a medical certificate for up to 36 _ hours in any sick leave year, subject to any such leave not exceeding three continuous days.
26.8.2 Except as provided in 26.8.1, where sick leave is granted without production of medical evidence, such leave is without pay.

26.9 Sick leave debits

Sick leave taken by an employee is debited against available sick leave credits, except where sick leave taken on a public holiday, which but for the sick leave would have been observed, is not debited.

26.10 Illness during annual leave

If an employee produces satisfactory medical evidence of illness during annual leave, the absence will be recorded as sick leave and annual leave recredited accordingly, provided: 26.10.1 the employee has obtained a medical certificate;
26.10.2 the medical evidence indicates the employee was unfit for duty;
26.10.3 sick leave for not less than one day was needed;
26.10.4 sick leave credits are available; and
26.10.5 the medical evidence is provided at the time of illness or if that is not possible as soon as practicable thereafter.

26.11 Failure to produce satisfactory evidence

Despite anything else contained in this clause, where an employee has failed to produce satisfactory evidence to support an application for sick leave, Australia Post may direct that employee, in writing, that all future applications for sick leave for such period as is specified in the direction must be supported by evidence in accordance with 26.6.1.

26.12 Employee to provide medical report

26.12.1 Australia Post may require an employee to furnish a medical report or undergo an examination by a medical practitioner nominated by Australia Post where the employee:
26.12.1(a) may be unfit or incapable of discharging duties;
26.12.1(b) may be a danger to other employees or members of the public due to state of health;
26.12.1(c) has been absent through illness for a continuous period exceeding 13 weeks;
26.12.1(d) has been absent through illness and the authorised employee believes that the employee is not fit to resume duty.
26.12.2 An employee who is required to furnish a medical report or undergo a medical examination under 26.12 must do so as soon as practicable.

26.13 Maximum period

The maximum period of absence which may be approved with pay in respect of a continuous absence through illness is 52 weeks.

26.14 Sick leave without pay

An employee who has exhausted all leave allowable with pay may be granted leave without pay, provided that:
26.14.1 in respect of the first year of continuous employment, the aggregate period of any sick leave without pay must not exceed 20 days; and
26.14.2 in respect of any continuous period of absence thereafter, leave with and without pay must not exceed 78 weeks.

26.15 Invalidity retirement date

The retirement of an employee on the ground of invalidity shall not, except with the consent of the employee, be effected earlier than the date on which the employee's sick leave credit is exhausted. However this is subject to the following:
26.15.1 the continuous period for which an employee may be granted sick leave on full pay immediately prior to retirement must not exceed 52 weeks;
26.15.2 a further credit of sick leave does not accrue subsequent to the date of the decision to retire the employee.

26.16 Reappointment after retirement

An employee who has been retired on invalidity grounds, if subsequently reappointed, is to be re-credited with the sick leave credits held immediately prior to retirement.

26.17 War service sick leave

Despite anything contained in this clause, where satisfactory medical evidence is produced that absence from duty was on account of illness which originated from war service, the employee may be granted war service sick leave. War service sick leave is paid leave, and counts as service for all purposes. Where war service sick leave credits have expired, the employee may apply for sick leave under this clause.

26.18 Recognition of prior public employment

26.18.1 Continuous employment with one or more other public employers may be regarded as service with Australia Post for sick leave purposes. For permanent employees, employment is regarded as continuous if any break in public employment does not exceed two months.
26.18.2 Public employers in this provision has the same meaning as public employers who are covered by the prior service provisions of the Long Service Leave (Commonwealth Employees) Act 1976.

27. BEREAVEMENT LEAVE

27.1 Paid leave entitlement

An employee is entitled to up to three days leave as bereavement leave on each occasion of the death in Australia of either a member of the employee's immediate family or household.

27.2 Unpaid bereavement leave

An employee may take unpaid bereavement leave by agreement with Australia Post.

27.3 Immediate family or household

27.3.1 Conditions of bereavement leave The entitlement to use bereavement leave is subject to the person being either:
27.3.1(a) a member of the employee's immediate family; or
27.3.1(b) a member of the employee's household

27.4.2 Immediate family

The term immediate family includes:
27.4.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as the husband or wife of that employee on a bona fide domestic basis; and
27.4.2(b) child or an adult child (including an adopted child, a stepchild or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

28. PARENTAL LEAVE

Subject to the terms of this clause, employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. The provisions of this clause apply to permanent and fixed term full-time and part-time employees and eligible casual employees, but do not apply to other casual employees.

An eligible casual employee means a casual employee:
(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and
(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.
For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).
An employer must not fail to re-engage a casual employee because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental leave. The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
An eligible casual employee currently employed by their current employer, on or prior to 1 January 1998, shall be entitled to parental leave under the term of the award as of 4 July 2001.
An eligible casual employee employed on or after 4 July 2001 shall be entitled to parental leave under the terms of the award as of 4 July 2002.

28.1 Definitions

28.1.1 For the purpose of this clause child means a child of the employee under school age or a child under school age 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.
28.1.2 Subject to 28.1.3, in this clause, spouse includes a de facto or former spouse.
28.1.3 In relation to 28.4 (Adoption leave), spouse includes a de facto spouse but does not include a former spouse.

28.2 Basic entitlement

28.2.1 After twelve months continuous service, an employee who becomes a parent is entitled to a total of 52 weeks parental leave in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

28.3 Maternity leave

28.3.1 An employee is entitled to maternity leave in accordance with the Maternity Leave (Commonwealth Employees) Act 1973.
28.3.2 Special maternity leave Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

28.4 Paternity leave

28.4.1 An employee is entitled to unpaid paternity leave for up to 52 weeks after the birth of a child of a spouse.
28.4.2 An employee will provide to Australia Post at least ten weeks prior to each proposed period of paternity leave, with:
28.4.2(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
28.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave.
28.4.3 The employee will not be in breach of 28.4.2 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

28.5 Adoption leave

28.5.1 An employee is entitled to adoption leave for up to 52 weeks after the adoption of a child.
28.5.2 The employee will notify Australia Post at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
28.5.3 Australia Post may require an employee to provide confirmation from the appropriate government authority of the placement.
28.5.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify Australia Post immediately and Australia Post will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.
28.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
28.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, Australia Post may require the employee to take such leave instead.

28.6 Variation of period of parental leave

Unless agreed otherwise between Australia Post and employee, an employee may apply to Australia Post to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

28.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or longer as agreed under 28.11.1.

28.8 Transfer to a safe job

28.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if Australia Post deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
28.8.2 If the transfer to a safe job is not practicable, the employee may elect, or Australia Post may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

28.9 Returning to work after a period of parental leave

28.9.1 An employee will notify their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
28.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 28.8, the employee will be entitled to return to the position they held immediately before such transfer.
28.9.3 Where such position no longer exists but there are other positions available for which the employee is qualified and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

28.10 Replacement employees

28.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
28.10.2 Before Australia Post engages a replacement employee, it must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

28.11 Right to request

28.11.1 An employee entitled to parental leave pursuant to the provisions of this clause may request Australia Post to allow the employee:
28.11.1(a) to extend the period of unpaid parental leave provided for in 28.3, 28.4 and 28.5 by a further continuous period of leave not exceeding 12 months;
28.11.1(b) to return from a period of parental leave on a part-time basis until the child reaches school age, to assist the employee in reconciling work and parental responsibilities.
28.11.2 Australia Post shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or Australia Post's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

28.12 Communication during parental leave

28.12.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, Australia Post shall take reasonable steps to:
28.12.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
28.12.1(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
28.12.2 The employee shall take reasonable steps to inform Australia Post about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
28.12.3 The employee shall also notify Australia Post of changes of address or other contact details which might affect Australia Post's capacity to comply with 28.12.1.

29. LEAVE TO ATTEND AS WITNESS IN INDUSTRIAL PROCEEDINGS

29.1 Leave without deduction from ordinary pay shall be granted to any employee summoned to appear as a witness in proceedings under the Workplace Relations Act 1996, as may be amended from time to time. The leave shall be only for such time as that employee is necessarily absent from duty attending as a witness.

29.2 Leave granted under this clause shall count for all purposes as period of service.

30. JURY SERVICE

30.1 Leave Granted
An employee summoned as a juror shall promptly notify the appropriate supervisor and shall be granted leave of absence on full pay for the period necessary for the attendance at court.

30.2 Jury Fees
An employee must pay to Australia Post so much of any jury fees received less costs necessarily incurred as Australia Post considers reasonable.

31. PUBLIC HOLIDAYS

31.1 Designated Holidays
The following days will be observed as public holidays:

31.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

31.1.2 the following days, as prescribed in the relevant States, Territories and localities:

31.1.3 in addition to the holidays prescribed in 31.1.1 and 31.1.2, the following days shall be observed as holidays:
31.1.3(a) New South Wales: An Authorised Holiday on a day agreed between the parties or in the event that the parties cannot agree, the day will be determined by the Australian Industrial Relations Commission after giving the parties an opportunity to be heard;
31.1.3(b) Victoria: Victoria: Melbourne Cup Day or local equivalent;
31.1.3(c) Queensland: Royal National Show or the day gazetted for the local show in the appropriate area;
31.1.3(d) South Australia: Adelaide Cup Day;
31.1.3(e) Western Australia: Foundation Day
31.1.3(f) Tasmania: Royal Hobart Regatta (Southern Tasmania) or Recreation Day (Northern Tasmania);
31.1.3(g) Northern Territory: Picnic Day;
31.1.3(h) ACT: Canberra Day.

31.2 Substitute Holidays

31.2.1 Christmas Day
When Christmas Day falls on Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December.

31.2.2 Boxing Day
When Boxing Day falls on a Saturday or Sunday, a holiday in lieu thereof shall be observed on 28 December.

31.2.3 New Year's Day or Australia Day
When New Year's Day or Australia Day falls on a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

31.3 Local Holidays

31.3.1 Local Substitution Holiday
Where in a State or Territory or locality within a State or Territory, another day is declared or prescribed in substitution for a holiday mentioned in this clause, then that day shall be deemed to be a holiday for the purpose of this award.

31.3.2 Additional Local Holidays
Where in a State, Territory or locality, public holidays are declared, or prescribed on days other than those set out in 31.1 and 31.2, those days are regarded as additional holidays for the purpose of this award provided that such additional holidays must not exceed, in the whole two days in any period of twelve months commencing on 5 January.

31.4 Substitution of Public Holidays By Agreement
Australia Post and an individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as a public holiday in the employee's workplace.