27.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues as follows:

27.1.3 In any year unused personal leave accrues by the lesser of:

27.1.3(a) ten days less the total amount of sick leave and carer's leave taken during the year; or

27.1.3(b) the balance of the year's unused personal leave.

27.1.4 Personal leave may therefore only accrue at a maximum of ten days per annum.

27.2 Immediate family or household

27.2.1 The entitlement to carer's or bereavement leave is subject to the person in respect of whom the leave is taken being either:

27.2.1(a) a member of the employee's immediate family; or

27.2.1(b) a member of the employee's household.

27.2.2 The term immediate family includes:

27.2.2(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 who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

27.2.2(b) 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.

27.3 Sick leave

27.3.1 The amount of personal leave an employee may take as sick leave depends on how long he or she has worked for the employer and accrues as follows:

Length of time worked 
for the employer (hours)             Rate of accrual of paid sick leave hours
Less than 1 month                      0
1 month to less than 3 months      16
3 months to less than 6 months        32
6 months to less than 12 months       76
Each year thereafter                  76

27.3.2 After the first six months of service, an employee must be paid for any sick leave to which he or she was not entitled, due to insufficient service, up to a maximum of 76 hours.

27.3.3 An employee is entitled to use accumulated personal leave for the purposes of sick leave where the current year's sick leave entitlement has been exhausted.

27.4 Employee must give notice

27.4.1 Before taking sick leave, an employee must give at least two hours notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.

27.4.2 The notice must include:

27.4.3 If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

27.4.4 Evidence supporting claim
The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration that the employee was unable to work because of injury or personal illness.

27.4.5 The effect of workers' compensation
If an employee is receiving workers' compensation payments, he or she is not entitled to sick leave.

27.5 Bereavement leave

27.5.1 Paid leave entitlement
An employee is entitled to use up to two days personal leave as bereavement leave on each occasion and on production of satisfactory evidence (if required by the employer) on which a member of the employee's immediate family or household dies.

27.5.2 Part-time employees
A part-time employee is entitled to take two days bereavement leave without loss of pay, up to a maximum of 15.2 hours on the same basis as prescribed for full-time employees in 27.5.1 except that the leave is only available where a part-time employee would normally work on either or both of the two working days following the death

27.5.3 Unpaid leave entitlement
Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, he or she is entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to two days unpaid leave.

27.6 Carer's leave

27.6.1 Paid leave entitlement
An employee other than a casual is entitled to use up to five days personal leave each year to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person.

27.6.2 Notice required

27.6.2(a) Before taking carer's leave, an employee must give at least two hours notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.

27.6.2(b) The notice must include:

27.6.2(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

27.6.3 Evidence supporting claim
The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

27.6.4 Unpaid leave
An employee may take unpaid carer's leave by arrangement with the employer.

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 full-time, part-time 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.

28.1 Definitions

28.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where `child' means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

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 28.5, 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, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis 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.

28.2.2 Subject to 28.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

28.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

28.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

28.3 Maternity leave

28.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

28.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

28.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.

28.3.2 When the employee gives notice under 28.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

28.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

28.3.4 Subject to 28.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

28.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

28.3.6 Special maternity leave

28.3.6(a) 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.

28.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

28.3.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

28.3.7 Where leave is granted under 28.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

28.4 Paternity leave

28.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

28.4.1(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; and

28.4.1(c) a statutory declaration stating:

28.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

28.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

28.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

28.4.2 The employee will not be in breach of 28.4.1 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 The employee will notify the employer 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.

28.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

28.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

28.5.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and

28.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

28.5.3 An employer 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 the employer immediately and the employer 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, the employer may require the employee to take such leave instead.

28.6 Variation of period of parental leave
Unless agreed otherwise between the employer and employee, an employee may apply to their employer 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.

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 the employer 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 the employer 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 of 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 which the employee is qualified for 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 an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

29. JURY SERVICE

29.1 Payment for jury service
An employee required to attend for jury service during ordinary hours shall be reimbursed by the employer an amount, equal to the difference between the amount paid in respect of attendance for such jury service and the amount of salary they would have been paid in respect of the ordinary time they would have worked had they not been on jury service.

29.2 Proof of and notification of jury service

29.2.1 An employee shall notify the employer as soon as possible of the date upon which they are required to attend for jury service.

29.2.2 Further the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

30. PUBLIC HOLIDAYS

30.1 Prescribed public holidays

30.1.1 A full-time employee under this award is entitled to the following public holidays, without loss of pay, where such employee's normal paid hours fall on the public holiday:

30.1.2 Where another day is generally observed in a locality in substitute for any of the above days, that day shall be observed as the public holiday in lieu of the prescribed day.

30.2 In addition to the public holidays prescribed in 30.1, full-time employees are entitled to the following:

30.2.1 New South Wales
An additional public holiday shall be observed as a public holiday on a day which shall be upon between the employer and employees in each establishment.

30.2.2 Victoria
Melbourne Cup Day or a local equivalent.

30.2.3 South Australia
Adelaide Cup Day.

30.2.4 Western Australia
Foundation Day.

30.2.5 Queensland
An employee shall be entitled to one day in each twelve months as Show Day in the locality in which the employee works.

30.2.6 Tasmania

30.2.6(a) Note: Southern Tasmania includes Oatlands and all towns south of Oatlands but excludes those areas excluded in the State Proclamation regarding this day, and Northern Tasmania includes all towns north of Oatlands.

30.2.6(b) An employee in the employ of one employer shall not be entitled to receive in any one calendar year both Regatta Day and Bank holiday as public holidays.

30.2.7 Australian Capital Territory
Canberra Day or, by agreement between the employer and the majority of employees, Picnic Day (being the first Monday in March) in lieu of Canberra Day.

30.2.8 Northern Territory
Picnic Day.

30.3 Part-time employees
Refer to 12.3.9, to determine the public holiday entitlements of part-time employees.

30.4 Additional days
Where an additional public holiday is proclaimed or gazetted by the Commonwealth or a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or Territory or a locality thereof, then such day, shall be deemed to be a holiday for the employees working in the area being the subject of the proclamation or gazetted notice.

30.5 Substitution of certain public holidays which fall on a weekend

30.5.1 Where Christmas Day falls on a Saturday or a Sunday, 27 December shall be observed as the public holiday in lieu of the prescribed day.

30.5.2 Where Boxing Day falls on a Saturday or a Sunday, 27 December shall be observed as the public holiday in lieu of the prescribed day.

30.5.3 Where New Year's Day or Australia Day falls on a Saturday or a Sunday, the following Monday shall be observed as the public holiday in lieu of the prescribed day.

30.6 Alternate days by agreement

30.6.1 By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.

30.6.2 An employer 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 the public holiday in the enterprise or relevant section of the enterprise. Such agreement shall be recorded in the time and wages records.

30.7 Payment for time worked on a public holiday

30.7.1 Except as provided for in 30.7.2, an employee who is required to work on a public holiday shall be paid at double time and one half for a minimum of three hours.

30.7.1(a) This rate is in substitution for and not cumulative upon the overtime penalties in clause 25 - Overtime.

30.7.2 The payment required under 30.7.1, shall only apply to time which is worked on the actual public holiday day, i.e. midnight to midnight.

30.8 Absence on the working day before or after a public holiday
An employee absent on the working day before or the working day after a public holiday without reasonable excuse (proof of which shall be on the employee), or without the consent of the employer, shall not be entitled to payment for such holiday.

30.9 Leave of absence
The entitlement to a public holiday shall not apply to an employee during any period of unpaid leave exceeding two weeks, except where such unpaid leave is in respect of personal injury or illness.