AN120149 – Commercial Travellers, &C., (State) Award
(a) An employee, other than a casual employee, shall be entitled to up to two days compassionate leave, up to and including the day of the funeral, without deduction of pay on each occasion of the death of a person as prescribed in subclause (c) of this clause.
Provided further, an employee, other than a casual employee, shall be entitled to up to two days compassionate leave without loss of pay on each occasion of the death of a person outside Australia as prescribed by the said subclause (c) provided that the employee provides evidence of such death and provides proof of travel outside Australia where such employee travels outside Australia to attend the funeral.
(b) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
(c) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carers leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 24, Personal/Carers Leave, provided that for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.
(d) An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.
(e) Compassionate leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the clause 24. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
(f) Bereavement entitlements for casual employees
(i) Subject to the evidentiary and notice requirements in 45(a) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 24.1(c)(ii) of clause 24, Personal/Carer's Leave.
(ii) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
(iii) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.
