52.7 Cashing out annual leave
An employee may, with the agreement
of the Company, cash out his or her paid
annual leave, subject to the following
conditions:
(a) At least four weeks of accrued annual
leave must remain for the employee
concerned following the cashing out;
and
(b) Each cashing out of a particular
amount of annual leave must be by a
separate agreement in writing between
the Company and the employee; and
(c) The employee must be paid at least
the full amount that would have been
payable to the employee had the
employee taken the leave that the
employee has foregone; and
(d) Annual leave cannot be cashed out
in advance of it being credited to the
employee.
53 Personal/Carer's Leave and Compassionate Leave
53.1 Personal/carer's leave and compassionate
leave are provided for in the NES.
53.2 Notice requirements
In accordance with the NES, an employee
must give the Company notice of the
taking of personal/carer's leave by the
employee. The notice:
(a) must be given to the Company as soon
as practicable (which may be a time
after the leave has started); and
(b) must advise the Company of the
period, or expected period, of the leave.
53.3 Evidence requirements
(a) When taking personal/carer's leave,
an employee shall prove by providing
a medical certificate or statutory
declaration that the employee was
unable on account of personal illness or
injury to attend for duty on the day or
days for which personal/carer's leave is
claimed.
(b) An employee shall not be entitled to
single days of paid personal/carer's
leave by reason of personal illness or
injury on more than two (2) occasions
in any one (1) year of service unless the
employee produces to the Company
a medical certificate or if that is not
reasonably practicable a statutory
declaration to the effect that the
employee is unfit for duty on account
of personal illness or injury.
(c) When taking personal/carer's 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
Company, establish by production
of a medical certificate or statutory
declaration, the illness of the person
concerned and that such illness
requires care by the employee.
(d) When taking personal/carer's 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
Company, establish by production
of a medical certificate or statutory
declaration, the nature of the
emergency and that such emergency
resulted in the person concerned
requiring care by the employee.
54 Community Service Leave
Community service leave as provided for in
the NES.
55 Parental Leave
Parental leave is provided for in the NES
and in accordance with the Company's
parental leave policy as amended from
time to time.
56 Public Holidays
56.1 Public holidays are provided for in the NES.
These provisions are in addition to those
provided for in the NES.
56.2 Substitution of certain public holidays
by agreement at the enterprise
(a) An employer and their employees may
agree to substitute another day for
any prescribed in the NES. For this
purpose, the consent of the majority
of affected employees will constitute
agreement.
(b) An agreement pursuant to clause 56.2
must be recorded in writing and be
available to every affected employee.
57 Long Service Leave
Long service leave is provided for in the
relevant Long Service Leave legislation
applying in each State and Territory,
together with the provisions of the relevant
Appendix of this Agreement.
58 Signatures
The undersigned parties approve the terms contained in this Agreement and agree that it
gives effect to the agreement reached between them.
EXECUTED AS AN AGREEMENT
Signed by Star Track Express Pty Limited (ABN 44 001 227 890) & StarTrack Retail Pty Limited (ABN: 53 146 789 979)
pursuant to section 127(1) of the Corporations Act 2001: