Australia Post General Conditions of Employment Award 1999
AP766597 - Australia Post General Conditions of Employment Award 1999
[28 substituted by PR969602; PR969602 cancelled and replaced by PR970166 ppc 15Feb06]
Subject to the terms of this clause, employees are entitled to Maternity, Paternity and Adoption Leave and to work part-time in connection with the birth or adoption of a child.
The provisions of this clause apply to permanent and fixed term full-time and part-time employees and eligible casual employees, but do not apply to other casual employees.
An eligible casual employee means a casual employee:
(a) employed by Australia Post on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an on-going period of employment during a period of at least 12 months; and
(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.
For the purposes of this clause, continuous service is work for Australia Post on a regular and systematic basis (including any period of authorised leave or absence).
Australia Post must not fail to re-engage a casual employee because:
(a) the employee or employee’s spouse is pregnant; or
(b) the employee is or has been immediately absent on parental leave.
The rights of Australia Post in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
An eligible casual employee employed by Australia Post, on or prior to 1 January 1998, shall be entitled to parental leave under the term of the award as of 4 July 2001.
An eligible casual employee employed on or after 4 July 2001 shall be entitled to parental leave under the term of the award as of 4 July 2002.
28.1.1 For the purpose of this clause, child means a child of the employee under school age or a child under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.
28.1.2 Subject to 28.1.3, in this clause spouse includes a defacto or former spouse.
28.1.3 In relation to 28.4 (Adoption leave) spouse includes a defacto spouse but does not include a former spouse.
28.2.1 After twelve months continuous service, an employee who becomes a parent is entitled to a total of 52 weeks parental leave in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
28.3.1 An employee is entitled to Maternity Leave in accordance with the Maternity Leave (Commonwealth Employees) Act 1973.
28.3.2 Special Maternity Leave
Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
28.4.1 An employee is entitled to unpaid Paternity Leave for up to 52 weeks after the birth of a child of a spouse.
28.4.2 An employee will provide to Australia Post at least ten weeks prior to each proposed period of paternity leave, with:
28.4.2(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
28.4.2(b) written notification of the dates on which he proposes to start and finish the period of paternity leave.
28.4.3 The employee will not be in breach of 28.4.2 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.
28.5.1 An employee is entitled to unpaid Adoption Leave for up to 52 weeks after the adoption of a child.
28.5.2 The employee will notify Australia Post at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
28.5.3 Australia Post may require an employee to provide confirmation from the appropriate government authority of the placement.
28.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify Australia Post immediately and Australia Post will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.
28.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
28.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and Australia Post should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, Australia Post may require the employee to take such leave instead.
28.6 Variation of period of parental leave
Unless agreed otherwise between Australia Post and employee, an employee may apply to Australia Post to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements.
28.7 Parental leave and other entitlements
An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or longer as agreed under 28.11.1
28.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if Australia Post deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
28.8.2 If the transfer to a safe job is not practicable, the employee may elect, or Australia Post may require the employee to commence maternity leave for such period as is certified necessary by a registered medical practitioner.
28.9 Returning to work after a period of parental leave
28.9.1 An employee will notify their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
28.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 28.8, the employee will be entitled to return to the position they held immediately before such transfer.
28.9.3 Where such position no longer exists but there are other positions available for which the employee is qualified and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.
28.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
28.10.2 Before Australia Post engages a replacement employee, it must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
28.11.1 An employee entitled to parental leave pursuant to the provisions of this clause may request Australia Post to allow the employee:
28.11.1(a) to extend the period of unpaid parental leave provided for in clauses 28.3, 28.4 and 28.5 by a further continuous period of leave not exceeding 12 months;
28.11.1(b) to return from a period of parental leave on a part-time basis until the child reaches school age,
to assist the employee in reconciling work and parental responsibilities.
28.11.2 Australia Post shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or Australia Post’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
28.11.3 The employee’s request and Australia Post’s decision made under 28.11.1(a) and 28.11.1(b) must be recorded in writing.
28.11.4 Where an employee wishes to make a request under 28.11.1(b), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return from parental leave.
28.12 Communication during parental leave
28.12.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, Australia Post shall take reasonable steps to:
28.12.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
28.12.1(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
28.12.2 The employee shall take reasonable steps to inform Australia Post about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
28.12.3 The employee shall also notify Australia Post of changes of address or other contact details which might affect Australia Post’s capacity to comply with 28.12.1
