AP787043 - Liquefied Petroleum Gas Industry Award 1998
[36 varied by PR911699 ppc 20Sep01]
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 full time, part time and eligible casual employees, but do not apply to other casual employees.
An eligible casual employee means a casual employee:
(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing 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 an employer on a regular and systematic basis (including any period of authorised leave or absence).
An employer 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 an employer 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 their current employer, 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.
36.1 Definitions
36.1 For the purpose of this clause “child” means a child of the employee under the age of one year except for adoption of a child where “child” means a person under the age of five years 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.
36.2 Basic entitlement
36.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption 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.
36.2.2 Parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:
36.2.2(a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child;
36.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
36.3 Maternity leave
36.3.1 An employee will provide to the employer at least ten weeks in advance of the expected date of commencement of parental leave:
36.3.1(a) a certificate from a registered medical; practitioner stating that she is pregnant and the expected date of confinement;
36.3.1(b) written notification of the date on which she proposes to commence maternity leave, and the period of leave to be taken; and
36.3.1(c) statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
36.3.2 Subject to subclause 7.5(b)(i)and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.
36.3.3 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
36.3.4 Where the pregnancy of an employee terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the birth, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.
36.3.5 Where leave is granted under clause 7.5(c)(iv), during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
36.4 Paternity leave
36.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:
36.4.1(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
36.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and
36.4.1(c) a statutory declaration stating:
36.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;
36.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and
36.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
36.5 Adoption leave
36.5.1 The employee will notify the employer 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.
36.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:
36.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;
36.5.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and
36.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
36.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.
36.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.
36.6 Variation of period of parental leave
Unless agreed otherwise between the employer and the employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.
36.7 Parental leave and other entitlements
An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.
36.8 Transfer to a safe job
36.8.1 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 the employer deems it practicable, be transferred to a safe job until the commencement of maternity leave.
36.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee, to commence parental leave.
36.9 Returning to work after a period of parental leave
36.9.1 An employee will notify of their intention to work after a period of parental leave at least four weeks prior to the expiration of the leave.
[36.9.2 substituted by PR911699 ppc 20Sep01]
36.9.2 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 subclause 7.5(h), the employee will be entitled to return to the position they held immediately before such transfer.
36.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for 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.
[36.9.4 inserted by PR911699 ppc 20Sep01]
36.9.4 An eligible casual employee who is employed by a labour hire company who performs work for a client of the labour hire company will be entitled to the position which they held immediately before proceeding on parental leave.
Where such a position is no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the employer shall make all reasonable attempts to return the employee to a position comparable in status and pay to that of the employee’s former position.
36.10 Replacement employees
36.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
36.10.2 A replacement employee will be informed of the temporary nature of the employment and of the rights of the employee who is being replaced.
