POST LOGISTICS THIRD PARTY WAREHOUSING/FULFILMENT BUSINESS
ENTERPRISE AGREEMENT 2001 - 2004
PART 6 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
25.1 Entitlement
(a) An employee will receive 152 hours annual leave after every twelve months of service from the employee's commencement date, which will be credited on the anniversary of that commencement date on the following and subsequent years, unless otherwise adjusted. Annual leave will accrue on a pro rata basis.
(b) An employee can be required to take annual leave in consecutive days for operational or audit reasons.
(c) Ordinarily, leave is to be taken within 12 months of accrual. Annual leave may accrue to a maximum of two years entitlement.
25.2 Timing of annual leave
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 the employer.
25.3 Annual leave exclusive of public holidays
The annual leave provided in clause 25 and clause 26 is exclusive of public holidays.
25.4 Payment on termination
An employee whose services are terminated for any reason and who is entitled to accumulated annual leave in accordance with clause 25 and clause 26 (if applicable), will be paid out that leave.
26. ANNUAL LEAVE - SEVEN DAY SHIFT WORKERS
26.1 Additional annual leave
(a) In addition to the period of annual leave prescribed in clause 25 - Annual leave, seven day shift workers, that is, shift workers who are rostered and work regularly on Sundays and holidays, are allowed an additional 38 hours of annual leave.
(b) Where a seven-day shift worker works an overtime shift on a Sunday, that will constitute Sunday work for the purposes of this clause, providing the overtime shift is of a duration that is not less than 4 hours.
(c) 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 clause 26.
26.2 Pro rata entitlement
Where a seven-day shift worker is rostered to work, and works on less than 10 Sundays during the actual period, the shift worker is entitled to pro rata additional leave at the rate of 1/10th of a working week in respect of each Sunday worked.
27.1 Amount
During a period of annual leave, an employee will receive a loading being the greater of:
(a) 17« % of the employee's salary 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;
(b) any additional payments for shift, Saturday or Sunday work, not in excess of prescribed weekly hours which the employee would have performed had annual leave not been taken.
27.2 Payment on termination
An employee whose services are terminated 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.
Where operational requirements necessitate or an employee cannot usefully be employed because of a break down of machinery or any stoppage of work for any cause for which the employer cannot be held responsible, the employer may roster an employee to take leave at a nominated time, whether or not the employee has made an application.
29.1 Designated holidays
(a) The following days will be observed as public holidays:
(i) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
(ii) the following days, as prescribed in the relevant States, Territories and
localities:
(iii) in addition to the holidays prescribed in clause 29.1(a)(i) and clause 29.1 (a)(ii) above, the following days will be observed as holidays:
(b) New South Wales: one day, on a day agreed between the parties or in the event that the parties cannot agree, the day will be determined by the Commission after giving the parties an opportunity to be heard;
(c) Victoria: Melbourne Cup Day or local equivalent;
(d) Queensland: Royal National Show or the day gazetted for the local show in the appropriate area;
(e) South Australia: Adelaide Cup Day;
(f) Western Australia: Foundation Day;
(g) Tasmania: Royal Hobart Regatta (Southern Tasmania) or Recreation Day (Northern Tasmania);
(h) Northern Territory: Picnic Day;
(i) ACT: Canberra Day.
29.2 Substitute holidays
(a) Christmas Day
When Christmas Day falls on Saturday or Sunday, a holiday in lieu thereof will be observed on 27 December.
(b) Boxing Day
When Boxing Day falls on a Saturday or Sunday, a holiday in lieu thereof will be observed on 28 December.
(c) 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 will be observed on the next Monday.
29.3 Payment for work on substituted day
(a) Where 25 December falls on a Saturday or Sunday and another day is provided as a substitute holiday under the provisions of clause 29.2(a) or clause 29.2(b) above, an employee who works on both 25 December and the substitute day(s) will only be paid at the holiday rate for work on 25 December.
(b) The payment for work on the substitute day will be in accordance with clause 15 - Hours of work, clause 16 - Shift work or clause 19 - Overtime.
29.4 Local holidays
(a) 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 will be deemed to be a holiday for the purpose of this agreement.
(b) Additional local holidays
Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in clause 29.1 and clause 29.2, those days are regarded as additional holidays for the purpose of this agreement. However, such additional holidays must not exceed two days in any period of twelve months, commencing on 5 January.
29.5 Substitution of public holidays by agreement
The employer and an individual employee may agree to the employee taking another day as the public holiday, in lieu of the day that is being observed as a public holiday in the employee's workplace.
29.6 Public holiday duty
(a) Where the ordinary hours of a permanent or fixed term employee fall on a public holiday and the employee does not perform work, the employee will not lose pay for the day.
(b) Where the employee works on the public holiday:
(i) he or she will be paid the public holiday penalty of 150% in addition to the employee's ordinary rate of pay; and
(ii) the minimum extra payment payable for ordinary work on a public holiday for each separate attendance will be for four (4) hours.
30.1 Eligibility
Subject to clause 30.4 - Leave for personal injury or illness (Sick leave) and clause 30.5 Carer's leave, paid personal leave is available to an employee when the employee is absent:
(a) due to personal illness or injury (Sick leave); or
(b) for the purpose of caring for an immediate family (as defined in clause 30.5.2) or a household member who is sick and requiring the care and support of the employee (Carer's leave).
30.2 Entitlement
(a) Personal leave of 7 hours 36 minutes will be available on completion of every 40 calendar days subject to a maximum of 60 hours 48 minutes in the first 12 months of continuous employment.
(b) A further 76 hours will be available at the end of the second and subsequent years of continuous employment.
30.3 Accrual
Unused personal leave is cumulative.
30.4 Leave for personal injury or illness
30.4.1 Eligibility
The employer may grant an employee leave of absence on account of personal illness or injury (Sick leave) without deduction from normal pay, subject to the following conditions:
(a) an application for sick leave must be submitted in the prescribed manner;
(b) a certificate from a duly qualified medical practitioner or other evidence approved by the employer must support an application for sick leave;
(c) the employee's manager or another nominated employee is informed, prior to the employee's scheduled starting time, if practicable, of the employee's inability to attend for work; and
(d) sick leave credits, determined in accordance with this clause, are available.
30.4.2 Sick leave without certificate
(a) Despite clause 30.4.1(b) and subject to the availability of credits, the employer may grant sick leave without production of a medical certificate for up to 15 hours 12 minutes in any sick leave year.
(b) Despite the provisions of this clause, a medical certificate must be provided for any sick leave absence that occurs immediately before or following a public holiday or Time off under clause 17.
(c) Except as provided in clause 30.4.2(a) above, where sick leave is granted without production of a medical certificate, such leave is without pay.
30.4.3 Illness on public holiday
Sick leave taken on a public holiday, which, but for the sick leave, would have been observed, is not debited.
30.4.4 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 re-credited accordingly, provided:
(a) the employee produces a medical certificate covering the period in question;
(b) the medical certificate indicates the employee was unfit for work;
(c) sick leave for not less than 7 hours 36 minutes was needed;
(d) sick leave credits are available; and
(e) the medical evidence is provided at the time of illness, or, if that is not possible, as soon as practicable thereafter.
30.4.5 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, the employer 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 clause 30.4.1 (b).
30.4.6 Requirement to provide medical report or attend a medical examination
The employer may require an employee to provide a medical report or undergo an examination by a medical practitioner nominated by the employer where the employee:
(a) may be a danger to him or herself, other employees or members of the public due to the employee's state of health; or
(b) has been absent through illness for a continuous period exceeding 13 weeks.
30.4.7 Timing of medical report
An employee who is required to provide a medical report or undergo a medical examination under clause 30.4.6 must do so as soon as practicable.
30.4.8 Direction to take sick leave
On receipt of the medical report, the employee may be directed to take sick leave for a specified period, or, if already on sick leave or other leave, the employee may be directed to continue on leave for a specified period, and the absence will be regarded as sick leave.
30.5 Carer's leave
30.5.1 Eligibility
An employee with responsibilities in relation to either members of their immediate family (as defined in clause 30.5.2 below) or members of their household who require the employee's care and support when such persons are ill, is entitled to use personal leave for the purposes of carer's leave subject to:
(a) the person being:
(i) a member of the employee's immediate family; or
(ii) a member of the employee's household; and
(b) the employee:
(i) being responsible for the care of the person concerned; and
(ii) establishing, by the production of a medical certificate, the illness of the person concerned and that the illness is such as to require the employee's care.
30.5.2 Definition of immediate family
For the purpose of 30.5.1 above, 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 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
(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.
30.5.3 Entitlement
Subject to clause 30.5.1, an employee is entitled to use up to 38 hours personal leave each year as carer's leave.
30.5.4 Leave credit
Each day or part day is deducted from the employee's personal leave credit.
30.5.5 Unpaid leave
An employee may take unpaid carer's leave by agreement with the Employer.
30.5.6 Prior notice
The employee will, wherever practicable, give the employer notice of the leave prior to the absence, the name of the person requiring care and his or her relationship to the employee, the reasons for taking such leave and the estimated length of absence. If this is not practicable, the employee will notify the employer by telephone of such absence at the first opportunity on the day of absence.
30.6 Bereavement leave
An employee is entitled to take up to a maximum of 22 days 48 minutes leave as bereavement leave on each occasion a member of the employee's immediate family (as defined in clause 30.5.2) or household, dies.
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