AN120012 – Aged Care Industry (Broken Hill) Award
(a) Use of sick leave -
(i) An employee, other than a casual employee with responsibility in relation to a class of person set out in subparagraph (2) of paragraph (iii) of this subclause, who needs the employees care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 16, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(ii) The employee shall, if required, establish either 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 person. In normal circumstances an employee must not take carers leave under this subclause where another person has taken leave to care for the same person.
(iii) The entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee being responsible for the care of the person concerned; and
(2) the person concerned being:
(A) a spouse of the employee; or
(B) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(C) a child or an adult child (including an adopted child, a step child or a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(D) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(E) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
(1) relative means a person related by blood, marriage or affinity;
(2) affinity means a relationship that one spouse because of marriage has to blood relatives of the other; and
(3) household means a family group living in the same domestic dwelling.
(iv) An 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.
(b) Unpaid Leave for Family Purpose-
(i) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support of a member of a class or person set out in the said sub paragraph (2) of paragraph (iii) of sub clause (a) who is ill.
(c) Annual Leave-
(i) An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any Calender year at a time or times agreed by the parties.
(ii) Access to annual leave, as prescribed in paragraph (I) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(iii) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
(d) Time Off in Lieu of Payment for Overtime-
(i) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(ii) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.
(iii) If having elected to take time as leave, in accordance with paragraph (i) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.
(iv) Where no election is made in accordance with paragraph (i) of this subclause, the employee shall be paid their overtime in accordance with the award.
(e) Make-up Time-
(i) An employee may elect, with the consent of their employer, to work make-up time, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award at the ordinary rate of pay.
(ii) An employee on shift work may elect, with the consent of the employer to work make- up time (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
(f) Allocated Days Off
(a) An employee may elect with the consent of the employer, to take an allocated day off at any time.
(b) An employee may elect, with the consent of the employer, to take allocated days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all allocated days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee or subject to reasonable notice by the employee or the employer.
(d) This sub-clause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of ADO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
