AN150039 – Clerks' (South Australia) Award

SCHEDULE 7. ABORIGINAL ORGANISATIONS AND ABORIGINAL EMPLOYEES
OPDATE 26:08:97 1st pp on or after

7.1 TITLE

This Schedule will be referred to as the Aboriginal Organisations and Aboriginal Employees Schedule.

7.2 ARRANGEMENT

Subject matter	Clause no.
Aboriginal Self Determination	7.7
Arrangement	7.2
Bereavement Leave	7.6
Ceremonial Leave	7.9
Duration	7.4
Definitions	7.5
Scope and Persons Bound	7.3
National Aboriginal Week	7.8
Title	7.1

7.3 SCOPE AND PERSONS BOUND

This Schedule will apply to the conditions of employment of Aboriginal persons employed by Aboriginal Organisations. This Schedule will be read in conjunction with the Award and will prevail over the Award to the extent to any inconsistency.

7.4 DURATION

This Schedule will commence operation on and from 11 October 1995.

7.5 DEFINITIONS

7.5.1 Aboriginal organisation means an organisation or community incorporated specifically for the purpose of providing services to Aboriginal people and governed by a Board of Management that is predominantly Aboriginal.

7.5.2 Aboriginal employee is an Aboriginal person employed by an Aboriginal organisation.

7.5.3 Aboriginal person is a person who identifies as such and is regarded as an Aboriginal person by members of their community.

7.5.4 National Aboriginal Week means the week in which the National Aboriginal Day falls, as determined by the National Aboriginal and Islander Day Observance Committee.

7.5.5 Employer means an Aboriginal organisation as defined.

7.5.6 Recognition of Aboriginal self-determination means that external organisations will not involve themselves in issues which are part of the internal affairs of Aboriginal organisations unless they are industrial matters as defined in the Act and that in dealing with any industrial matters, particularly where dispute resolution is contemplated, cultural differences will be taken into account.

7.6 BEREAVEMENT

In addition to the leave entitlements contained in Clause 7.3 of this Award where an Aboriginal employee is able to demonstrate a family relationship with persons other than those mentioned in Clause 7.3, leave will also be granted in accordance with that Clause.

7.7 ABORIGINAL SELF DETERMINATION

The right to self-determination of Aboriginal people and their organisation is recognised.

7.8 NATIONAL ABORIGINAL WEEK

The employer may, upon application by an Aboriginal employee, grant time off without loss of pay for an Aboriginal employee to attend official celebrations and activities that occur during National Aboriginal Week. In considering an application the employer will take into account the operational requirements of the organisation. Notwithstanding, the discretion to grant time off without loss of pay rests solely with the employer.

7.9 CEREMONIAL LEAVE

An employee who is legitimately required by Aboriginal tradition to be absent from work for Aboriginal ceremonial purposes will be entitled to up to ten days unpaid leave in any one year for this purpose, provided leave is granted only with the authority of the employer’s senior Aboriginal management.