AN120145 – Cold Storage and Ice Employees (State) Award
An employee who, after not less than three months’ continuous service in their current employment with the employer, is unable to attend for duty during their ordinary working hours by reason of personal illness or personal incapacity (excluding illness or incapacity resulting from injury within the Workers’ Compensation Act 1987) received in the said employment (not due to their own serious and wilful misconduct) shall be entitled to be paid for such non-attendance the amount of the ordinary-time rate of pay, subject to the following:
(i) The employee shall, prior to commencement or as soon as practicable, and not later than eight hours after commencement of such absence, inform the employer of the inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the absence.
(ii) The employee shall prove to the satisfaction of the employer (or, in the event of a dispute, the Industrial Relations Commission of New South Wales) that the employee is or was unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.
(iii) In any period of employment, the entitlement to sick pay shall be five days in the first year of employment and eight days in the second and subsequent years.
(iv) The rights under this clause shall accumulate from year to year so long as the employee’s employment continues with the employer, so that any part of the said leave which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.
(v) For the purpose of this clause, continuous service shall be deemed not to have been broken by:
(a) any absence from work on leave granted by the employer;
(b) any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of three months.
