38 PAYMENT FOR HOLIDAY DUTY

(a) 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 37 (Public Holidays), an employee shall be entitled to extra payment at the rate of time and a half for the actual time worked on the holiday.
Provided that except with the approval of Australia Post, occupants of positions listed in Schedule E are not eligible for payment under this clause other than for rostered duty.

(b) The minimum extra payment payable under sub-clause (a) for each separate attendance shall be for four hours except for employees in any restriction situation, when the minimum extra payment shall be for 3 hours.
Provided that where more than one attendance is involved, the minimum payment provisions payable under this sub-clause shall 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.

(c) For the purposes of sub-clause (b):
(i) duty broken by a meal period shall not constitute more than one attendance; and
(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.

(d) A seven day shift worker who is rostered off duty on a public holiday shall be granted, if practicable, a day's leave in lieu of that holiday within one month after the holiday.

(e) Where in any case, it is not practicable to grant a day's leave in pursuance of sub-clause (d) the employee shall be paid, in its stead, one day's pay at the ordinary rate.

(f) Where 25 December falls on a Saturday or Sunday and another day is provided as a substitution holiday under the provisions of clause 37, an employee who works on both 25 December and the substitution day shall only be paid at the holiday rate for duty on 25 December. The payment for duty on the substituted day shall be in accordance with Clauses 35 (Saturday Ordinary Duty), 36 (Sunday Ordinary Duty) or 27 (Overtime - General Conditions), as appropriate.

39 RECREATION LEAVE

(a) Subject to this clause, on the first day of January each year, an employee shall receive a recreation leave credit or an additional recreation leave credit of:
(i) a period equivalent to the employee's ordinary hours of duty during a period of 4 weeks exclusive of public holidays which fall within the period of leave; or
(ii) such longer period as is provided in sub-clause (b).

(b) In the case of an employee who performs duty in a prescribed remote locality, the amount of recreation leave which is credited on 1 January shall comprise:
(i) a period equivalent to the employee's ordinary hours of duty during a period of 4 weeks exclusive of public holidays which fall within the period of leave; and
(ii) such additional period as is determined in accordance with the Principal Determination; and
(iii) if prescribed in the Principal Determination, a period to enable the employee to travel from and return to that locality during recreation leave.

(c) In the case of an employee who commences duty after 1 January, the recreation 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 sub-clauses (a) and (b) for each completed month of service.

(d) 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 recreation leave credit which would otherwise accrue on 1 January shall be 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 shall not exceed 1 2/3 days for each calendar month of such absence within any calendar year.

(e) The granting of recreation leave shall be subject to the following conditions:
(i) an application for leave shall be submitted in the prescribed manner;
(ii) ordinarily leave shall be taken in the year in which it accrues;
(iii) where operational requirements necessitate, Australia Post may roster an employee to take leave at a nominated time, whether or not an application has been made by the employee;
(iv) an employee shall 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;
(v) an employee may not take leave in excess of available credits, except with the approval of Australia Post;
(vi) where a period of leave of absence for recreation is granted, the recreation 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
(vii) 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.

(f) Employees proceeding on annual leave who have requested payment at least three weeks prior to the commencement of leave shall be entitled to receive payment in advance.

(g) Except as otherwise provided in this clause and Clause 41 (Seven Day Shift Workers - Payment In Lieu of Additional Recreation Leave), payment shall not be made or accepted in lieu of recreation leave credits.

(h) In addition to any other amounts payable under this award, Australia Post shall pay to an employee whose employment ceases, otherwise than by death:
(i) an amount equal to the salary that would have been payable had the employee commenced recreation leave for a period equivalent to credits at the time of cessation; and
(ii) 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 recreation leave entitlement for each completed month of service between the previous 1 January and the date of cessation.

(i) 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.

39A RECREATION LEAVE - TRANSITIONAL PROVISIONS

(a) This clause applies to an employee who was, on the day preceding the date of operation of this award, employed by Australia Post as a temporary employee on either a full-time basis or for at least 22 hours 5 minutes per week on at least 4 days per week on a part-time basis and continued in the employment of the Corporation after that day.

(b) An employee to whom this clause applies shall be entitled to recreation leave credits during 1995 and 1996 on the same basis and on the same date that the employee would have been entitled pursuant to Clause 26 of the former Australia Post General Conditions of Employment Award 1989.

(c) An employee to whom this clause applies, who ceases employment prior to 1 January 1997, shall be entitled to payment in lieu of recreation leave not taken on the basis of the provisions of Clause 26 of the former Australia Post General Conditions of Employment Award 1989.

(d) On 1 January 1997, an employee to whom this clause applies shall receive an annual leave credit equivalent to the credit to which the employee would have been entitled under Clause 39 if the employee had commenced employment in 1996 on the date on which a credit of recreation leave fell due pursuant to sub-clause (b).

(e) During 1997, an employee to whom this clause applies shall be entitled to an additional three days recreation leave subject to deduction from the leave credit on 1 January 1998.

(f) Clause 39 of this Award shall apply subject to the provisions of this clause.

40 RECREATION LEAVE - SEVEN DAY SHIFT WORKERS

(a) In addition to the period of recreation leave prescribed in Clause 39 (Recreation Leave), seven day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed an additional week of leave (7 consecutive days) including non-working days.

(b) However where a seven day shift worker is rostered to perform duty on less than 10 Sundays during the accrual period, the shift worker shall not be 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 so rostered.

(c) Rostered Sunday overtime shifts shall not count for the purposes of sub-clause (a) where such shifts are less than 3 hours duration:

Provided that where a rostered overtime shift commences on a Saturday and extends into Sunday or commences on a Sunday and extends into Monday it shall be deemed to be a Sunday overtime shift for the purposes of this sub-clause.

(d) The recreation leave prescribed by this clause shall be exclusive of public holidays.

(e) Where leave due under the provisions of sub-clause (a) is not granted before the termination of employment it shall be treated in a similar manner to leave accrued under Clause 39 (Recreation Leave).

(f) Where the period of additional leave to be allowed under sub- clause (a) includes an amount of less than 1 day, and Australia Post's working arrangements so require, Australia Post may determine that amount shall be carried forward to the following year.

41 SEVEN DAY SHIFT WORKERS - PAYMENT IN LIEU OF ADDITIONAL RECREATIONAL LEAVE

(a) An individual employee may, subject to management agreement, elect to receive payment in lieu of the additional leave accrued pursuant to Clause 40 (Recreation Leave - Seven Day Shift Workers) of this Award.

(b) 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.

(c) 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.

(d) The operation of this clause shall only apply to employees employed as seven day shift workers engaged in facilities agreed between the parties.

42 RECREATION LEAVE LOADING

(a) 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 (i) or (ii) below:-

(i) 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:

Provided that:
(1) in the case of 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 this sub-clause shall be the equivalent of that employee's commencement salary as at 1 January;
(2) the maximum payment shall be adjusted on a pro-rata basis where less than a full year of leave credit has accrued.

(ii) Any additional payments for shift, Saturday or Sunday duty not in excess of prescribed weekly hours which the employee would have performed had recreation leave not been taken.

(b) Salary for the purpose of paragraph (a)(i) 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 paragraph (a)(ii).

(c) Payment of the Annual Leave Loading shall be made -
(i) to employees on a leave roster, at the same time as payment for such leave;
(ii) to other employees not covered by paragraph (i), with the payment for leave following a request for payment of the Annual Leave Loading:

Provided that an application is made for at least one week of the annual leave to which the Annual Leave Loading relates.

(d) An employee whose services terminate for any reason and who is entitled to payment in lieu of accumulated recreation leave or in lieu of leave on a pro-rata basis shall be paid outstanding loadings from previous years accruals and a pro-rata loading for the last year of service in accordance with sub-clause (a).

43 SICK LEAVE

(a) Australia Post may grant an employee leave of absence without deduction from normal pay on account of illness or injury, subject to the following conditions:

(i) an application for sick leave shall be submitted in the prescribed manner;
(ii) an application for sick leave shall be supported by the certificate of a duly qualified medical practitioner or other evidence approved by Australia Post;
(iii) 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; and
(iv) sick leave credits, determined in accordance with this clause, are available.

(b) Notwithstanding paragraph (a) (ii) and subject to the availability of credits, Australia Post may grant sick leave without production of a medical certificate for up to 5 days in any sick leave year, subject to any such leave not exceeding 3 continuous days.

(c) Except as provided in sub-clause (b), where sick leave is granted without production of medical evidence, such leave shall be without pay.

(d) The basis for determining the sick leave which may be granted without deduction from pay shall be ascertained by crediting each employee with the following periods, such leave to be cumulative:

  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               1
  On completion of 12 months' employment       15
  On completion of each additional 12 months 
  employment                                   15

(f) 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:
(i) the employee has obtained a medical certificate;
(ii) the medical evidence indicates the employee was unfit for duty;
(iii) sick leave for not less than 1 day was needed;
(iv) sick leave credits are available; and
(v) the medical evidence is provided at the time of illness or if that is not possible as soon as practicable thereafter.

(g) Notwithstanding 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 paragraph (a)(ii).

(h) 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:
(i) may be unfit or incapable of discharging duties;
(ii) may be a danger to other employees or members of the public due to state of health;
(iii) has been absent through illness for a continuous period exceeding 13 weeks;
(iv) has been absent through illness and the authorised employee believes that the employee is not fit to resume duty.

(i) An employee who is required to furnish a medical report or undergo a medical examination in accordance with sub-clause (h) shall do so as soon as practicable.

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

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

(l) 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 credit of leave on full pay will be exhausted:
Provided that -
(i) the continuous period for which an employee may be granted sick leave on full pay immediately prior to retirement shall not exceed 52 weeks;
(ii) a further credit of sick leave shall not accrue subsequent to the date of the decision to retire the employee.

(m) An employee who has been retired on invalidity grounds, if subsequently reappointed, shall be recredited with the sick leave credits held immediately prior to retirement.

(n) Notwithstanding 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 conditions under which sick leave shall be granted shall be determined in accordance with the Principal Determination.

44 FAMILY ILLNESS - USE OF SICK LEAVE

(a) An employee with responsibilities in relation to either members of their immediate family or members of their household who need the employee's care and support shall be entitled to use, in accordance with this subclause, any sick leave credit which accrues from 15 February 1995, for absences to provide care and support for such persons when they are ill:
Provided that the employee shall establish the illness of the person concerned by production of a medical certificate.

(b) The entitlement to use sick leave in accordance with this clause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being either:

(1) a member of the employee's immediate family; or
(2) a member of the employee's household.

(iii) the term "immediate family" includes:
(1) a spouse (including a former spouse, a defacto spouse and a former defacto spouse) of the employee; and
(2) a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

(c) The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.