AP818787CRV - Clerks (Road Transport Industry) Award 2002
8.1 Act means the Workplace Relations Act 1996, as amended from time to time.
8.2 Commission means the Australian Industrial Relations Commission.
8.3 Employee means any employee who is engaged principally in clerical and/or administrative work covered by the classification structure at clause 16 - Salaries and classifications.
8.4 Employer means any respondent employer to this award.
8.5 Ordinary rate of pay means the appropriate rates of pay prescribed by 16.2.
8.6 Union means the Australian Municipal, Administrative, Clerical and Services Union.
8.7 Continuous service
8.7.1 In calculating continuous service, the only absences counted as time worked are the following:
8.7.1(a) up to 152 ordinary working hours in a twelve month period because of sickness or accident;
8.7.1(b) long service leave that an employee takes under the relevant State long service leave legislation; and
8.7.1(c) annual leave.
8.7.2 Where a period of work is less than twelve months, the absences counted as time worked because of sickness or accident are calculated on a proportionate basis.
8.7.3 The following events do not break an employee’s continuous service:
8.7.3(a) sick leave;
8.7.3(b) leave as the result of an accident;
8.7.3(c) leave lawfully granted by the employer;
8.7.3(d) absence for a reasonable cause (the employee must prove that the leave was reasonable); and
8.7.3(e) parental leave.
8.7.4 Where employees are temporarily stood down through no fault of their own, service is not considered to be broken.
8.7.5 Any other absence from work does not break continuity of service unless the employer notifies the employee within fourteen days of the employee returning to work after the absence. The employer must tell the employee in writing.
8.7.6 If an individual employee is absent, the employer must tell that employee by:
8.7.6(a) giving the notice to him or her personally; or
8.7.6(b) posting the notice to his or her last known address.
8.7.7 It will not break an employee’s continuous service if the employer breaks or ends the employee’s service in order to avoid the employer’s obligations in respect of leave.
