AP805733 - Commercial Travellers (A.C.T.) Award 2000
The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.
27.1 Amount of paid personal leave
27.1.1 Paid personal leave will be available to an employee when they are absent due to
27.1.1(a) personal illness or injury (sick leave); or
27.1.1(b) for the purposes of caring for an immediate family or household member that is sick and requires the employee’s care and support (carer’s leave); or
27.1.1(c) bereavement on the death of an immediate family or household member (bereavement leave).
27.1.2 Personal leave of:
27.1.2(a) 100 hours will be available in the first year of service;
27.1.2(b) 100 hours will be available per annum in the second and subsequent years of service.
27.1.3 In any year unused personal leave accrues at the rate of the lesser of:
27.1.3(a) 76 hours less the amount of sick leave and carer’s leave taken from the current year’s personal leave entitlement in that year; or
27.1.3(b) the balance of that year’s unused personal leave.
27.2 Immediate family or household
27.2.1 The entitlement to use personal leave for the purposes of carer’s or bereavement leave is subject to the person being either:
27.2.1(a) a member of the employee’s immediate family; or
27.2.1(b) a member of the employee’s household.
27.2.2 The term immediate family includes:
27.2.2(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 his or her husband or wife on a bona fide domestic basis; and
27.2.2(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.
27.3 Sick Leave
27.3.1 Definition
Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of his or her personal illness or injury.
27.3.2 Entitlement
An employee is entitled to use up to 76 hours of the current year’s personal leave entitlement as sick leave in the first year of service and 76 hours in the second and subsequent years of service.
27.3.3 An employee is entitled to use accumulated personal leave for the purposes of sick leave where the current year’s sick leave entitlement has been exhausted.
27.3.4 Employee must give notice
27.3.4(a) Before taking sick leave, an employee must give at least two hours’ notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.
27.3.4(b) The notice must include:
27.3.4(b)(i) the nature of the injury or illness (if known); and
27.3.4(b)(ii) how long the employee expects to be away from work.
27.3.4(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.
27.3.5 Evidence supporting claim
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.
27.3.6 The effect of workers’ compensation
Employees shall not be entitled to be paid for sick leave for any period in respect of which workers compensation is paid or payable.
27.3.7 Sickness during annual leave
Illness during annual leave when such illness exceeds one week, and is covered by a medical certificate, shall be regarded as sick leave and an equivalent number of days shall be added to such annual leave.
27.4 Bereavement leave
An employee is entitled to use up to three days personal leave annually as bereavement leave on the death of an immediate family or household member.
27.5 Carer’s leave
27.5.1 Paid leave entitlement
An employee is entitled to use up to five days personal leave each year as carer’s leave.
27.5.1(a) Proof of illness
The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
27.5.1(b) Notice
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 reasons 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 the absence.
27.5.2 Unpaid leave
An employee may take unpaid carer’s leave by agreement with the employer.
