AN160741 – Coal Mining Industry (Engineers) Award 1990
Any employee who is absent from work with an employer on account of personal illness, or on account of injury sustained without the employee's own default or wilful act, shall be entitled to paid leave of absence subject to the following conditions and limitations:-
(1) (a) Griffin Coal Mining Company Pty Limited only:
On 1 July 1986 each employee shall be credited with 13 days' sick leave for the ensuing year, provided that an employee who commences employment with the employer after 1 July 1986 shall be credited with a pro-rata sick leave credit from the date of commencement to 30 June 1987 at the rate of 1.75 hours for each uncompleted week of service, and provided further that the maximum accruement for the period 1 July 1986 to 30 June 1987 shall be 13 days.
(b) Commencing on 1 July 1987, each employee shall be credited on 1 July in each year with 15 days' sick leave for the ensuing year provided that an employee who commences employment with the employer after such 1 day of July shall be credited with a pro-rata sick leave credit from the date of commencement to the next ensuing 30th June at the rate of 2.0192 hours for each uncompleted week of service to the next ensuing 30th June, and provided further that the maximum accruement shall be 15 days per year.
(c) Short/fixed term employees shall accrue sick leave entitlements at the rate of 2.0192 hours for each completed week of service.
(d) Western Collieries Limited only: Except as provided in paragraph (d) hereof each employee shall be credited on 1 July in each year with 105 hours leave for the ensuing year.
(e) The entitlement to paid sick leave prescribed in paragraph (c) hereof shall, in respect of employees who commence employment after 1 July in any year, be reduced by 2 hours per week or part thereof being the period of time the employee commenced after 1 July in the relevant 12 month period.
(2) Leave allowable under this clause, which is not availed of by an employee during the time it accrues, shall be allowed to accumulate without limitation.
(3) Any sick leave taken shall be deducted from the sick leave accumulated, the balance, if any, remaining to the credit of the employee and to commence to accumulate again upon the resumption of work.
(4) Where practical, within 24 hours, but not later than 72 hours of the commencement of such absence, the employee shall inform the employer of the inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.
(5) The employee shall prove to the satisfaction of the employer (or in the event of a dispute, of the appropriate industrial authority) that the employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
(6) An employee shall not be entitled to paid sick leave of absence for any period in respect of which the employee is entitled to workers' compensation.
(7) The employee shall be paid for each day of leave allowable under this clause at the weekly rate for the class of work, plus an additional amount equal to seventeen and one-half percent (17.1/2%) of the appropriate rate in Clause 24 - Wage Schedules.
(8) Provided that any employee who changes employment within the industry after the coming into operation of this subclause and maintains continuity of employment shall be entitled to credit by the new employer of all sick leave accumulated but not availed of by the employee in the former employment.
(9) (a) An employee who dies, who is retrenched, whose services are terminated through operation of the Coal Industry Superannuation Act because of age or who is invalided out of the industry and who at the date of such retrenchment, death, retirement or invalidity has accrued in excess of twelve days of unused sick leave shall be granted payment on the basis of one ordinary day's pay for each day of sick leave accrued and not already taken.
(b) The provisions of paragraph (a) of this subclause shall only apply to an employee retrenched pursuant to the provisions of Clause 20. - Reduction of Workforce of this Award.
(c) Notwithstanding the above provisions the employer initiating retrenchment shall be liable for the payment of unused sick leave to an employee so retrenched.
(10) Where an employer gives notice of termination of employment to an employee who is absent from work on paid sick leave, the termination of employment shall not take effect until the employee's paid sick leave has expired or the employee is fit for duty, whichever happens first.
(11) Griffin Coal Mining Company Pty Ltd only: Notwithstanding the provisions of this clause and in order to give effect to clause 11(b) of the Memorandum of Agreement between Griffin Coal and the Union, registered with the Tribunal on 24 August 1994, sick leave accrued by employees up to 7 August 1994 will be available to be liquidated during the life of the Memorandum. For the purpose of such liquidation, the value of accrued sick leave will be calculated by taking the Award Rate plus Production bonus and Disabilities Allowance applicable at 7 August 1994, and will be subject to the following schedule of payments and adjustments. 1 April 1995 40% of 7/8/94 entitlement 30 June 1995 5% Index adjustment 1 October 1995 20% of 7/8/94 entitlement 1 April 1996 20% of 7/8/94 entitlement 30 June 1996 5% Index adjustment 31 July 1996 20% of 7/8/94 entitlement
Subclause (11) expired on 1 August 1996.
