AP792504 - Pest Control Industry (Victoria) Award 2000
The provisions of this clause apply to full-time and regular part-time employees but do not apply to casual employees
24.1 Amount of paid personal leave
24.1.1 Paid personal leave is available to an employee when the employee is absent due to:
24.1.2 The amount of personal leave to which an employee is entitled depends on how long the employee has worked for the employer and accrues as follows:
Length of time worked for the employer |
Personal leave (hours) |
Less than 12 months |
53.2 |
12 months or more |
76 |
24.1.3 Accumulation of personal leave
24.1.3(a) At the end of the first year personal leaveaccrues by the lesser of:
24.1.3(b) At the end of the second and subsequent years personal leave accrues by the lesser of:
24.2 Immediate family or household
24.2.1 The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:
24.2.1(a) a member of the employee’s immediate family; or
24.2.1(b) a member of the employee’s household.
24.2.2 The term immediate family includes:
24.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as their husband or wife on a bona fide domestic basis; and
24.2.2(b) 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.
24.3 Sick leave
24.3.1 Definition
Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of their personal illness or injury.
24.3.2 Entitlement
24.3.2(a) The amount of personal leave an employee may take as sick leave depends on how long the employee has worked for the employer and accrues as follows:
Length of time worked for the employer |
Rate of accrual of paid sick leave (hours) |
Less than one year |
38 |
Each year thereafter |
60.8 |
24.3.2(b) Accumulated personal leave may be used as sick leave if the current sick leave entitlement is exhausted.
24.3.3 Employee must give notice
24.3.3(a) Before taking sick leave, an employee must give at least two hours’ notice before their next rostered starting time, unless the employee has a good reason for not doing so 24.3.3(b) hereof. The notice must include:
24.3.3(b) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.
24.3.4 Evidence supporting claim
24.3.4(a) The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.
24.3.4(b) Provided that an employer, at its discretion, may withhold payment where, in respect of single day absences only, an employee has failed to notify the employer of the absence in accordance with this clause.
24.3.5 Effect of workers’ compensation
If an employee is receiving workers’ compensation payments, the employee is not entitled to sick leave.
24.4 Bereavement leave
24.4.1 Paid leave entitlement
An employee other than a casual is entitled to use up to two days personal leave as bereavement leave on any occasion on which a member of the employee’s immediate family or household in Australia dies.
24.4.2 Unpaid leave entitlement
Where an employee has exhausted all personal leave entitlements, including accumulated entitlements, the employee is entitled to up to two days unpaid bereavement leave.
24.4.3 Evidence supporting claim
The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.
24.5 Carer’s leave
24.5.1 Paid leave entitlement
An employee other than a casual is entitled to use up to 40 hours personal leave each year to care for members of their immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.
24.5.2 Notice required
24.5.2(a) Before taking carer’s leave, an employee must give at least two hours’ notice before their next rostered starting time, unless the employee has a good reason for not doing so.
24.5.2(b) The notice must include:
24.5.2(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.
24.5.3 Evidence supporting claim
The employee must, if required by the employer, 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.
24.5.4 Unpaid carer's leave
An employee may take unpaid carer’s leave by agreement with the employer.
24.5.5 Annual leave
Notwithstanding provisions elsewhere in the award the employer and the majority of employees at an enterprise may agree to establish a system of single day annual leave absences, provided that:
24.5.5(a) 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.
24.5.5(b) Access to annual leave, as prescribed in 24.5.5(a) hereof, shall be exclusive of any shutdown period provided for elsewhere under this award.
24.5.5(c) 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.
24.5.5(d) 24.5.5(a) hereof is subject to the employer informing the union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of annual leave flexibility , and providing a reasonable opportunity for the union to participate in negotiations.
24.5.5(e) The agreement reached and short term annual leave arrangements shall be recorded in the time and wages record kept by the employer in accordance with Division 1 of part 9A of the Workplace Relations Regulations.
24.5.6 Time off in lieu of payment
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish system of time off in lieu of overtime provided that:
24.5.6(a) 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.
24.5.6(b) Overtime taken as time off during ordinary time hours shall be taken at this ordinary time rate, that is an hour for each hour worked (unless otherwise provided elsewhere in the award).
24.5.6(c) An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in clause 23 - Overtime of this award, for any overtime worked under this subclause where such time has not been taken within four weeks of accrual.
24.5.6(d) 24.5.6(a) hereof is subject to the employer informing the union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of time off in lieu of overtime flexibility, and providing a reasonable opportunity for the union to participate in negotiations.
24.5.6(e) The agreement reached and time off in lieu arrangements shall be recorded in the time and wages record kept by the employer in accordance with Division 1 of part 9A of the Workplace Relations Regulations.
24.5.7 Make up time
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of make up time provided that.
24.5.7(a) An employee may elect, with the consent of the employer to work make up time under which the employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award.
24.5.7(b) 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.
24.5.7(c) 24.5.7(a) hereof is subject to the employer informing the union which is both party to the award and which has members employed a the particular enterprise of its intention to introduce an enterprise system of make up time flexibility, and providing a reasonable opportunity for the union to participate in negotiations.
24.5.7(d) The agreement reached and make up time arrangements shall be recorded in the time and wages record kept by the employer in accordance with Division 1 of part 9A of the Workplace Relations Regulations.
24.5.8 Rostered days off
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of rostered days off to provide that:
24.5.8(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
24.5.8(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
24.5.8(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon by the employee at time mutually agreed by the employer, or subject to reasonable notice by the employee or the employer.
24.5.8(d) 24.5.8(d) hereof is subject to the employer informing the union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union to participate in negotiations.
24.5.8(e) The agreement reached and RDO arrangements shall be recorded in the time and wages record kept by the employer in accordance with Division 1 of part 9A of the Workplace Relations Regulations.
24.5.9 Grievance process
In the event of any dispute arising in connection with any part of this clause, such a dispute shall be processed in accordance with the dispute settling provisions of this award.
