AN170068 – Mobile Crane Hire Award
(a) Carer’s Leave
(i) The carer’s leave entitlement shall include current sick leave and bereavement leave entitlements.
(ii) An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, up to five days per annum of their carer’s leave entitlement to provide care and support for such persons when they are ill.
(iii) The employee shall, if required, establish 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.
(iv) In normal circumstances an employee shall not take carer’s leave under this clause where another person has taken leave to care for the same person.
(v) Carer’s leave may be taken for part of a single day.
(vi) 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 either:
(A) a member of the employee’s immediate family; or
(B) a member of the employee’s household.
(3) the term immediate family includes:
(A) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee; and
(B) a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
(vii) The 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 reason 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 carer’s leave
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family or household member who is ill.
(c) Annual leave
(i) Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods or part of a single day not exceeding a total of five days in any calendar year at a time or times agreed between them.
(ii) Access to annual leave, as prescribed in paragraph (c)(i), 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) Subject to a majority of employees at a workplace agreeing to introduce this provision (in which case the union and any appropriate employer organisation will be provided with a courtesy copy in writing) 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.
(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) An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in this award, for any overtime worked under paragraph (d)(i) where such time has not been taken within four weeks of accrual.
(e) Make-up time
(i) Subject to a majority of employees at a workplace agreeing to introduce this provision (in which case the union and any appropriate employer organisation will be provided with a courtesy copy in writing) an employee, other than 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, during the spread of ordinary hours provided in the award.
(ii) Subject to a majority of employees at a workplace agreeing to introduce this provision (in which case the union and any appropriate employer organisation will be provided with a courtesy copy in writing) an employee on shift work 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, at the shift work rate which would have been applicable to the hours taken off.
(f) Grievance process
In the event of any dispute arising in connection with any part of this clause, such dispute will be dealt with in accordance with Clause 1 - Settlement of Disputes of Part VI – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
