Woolworths (South Australia and Northern Territory) Award, 2003
AP825337 - Woolworths (South Australia and Northern Territory) Award, 2003
The provisions of this clause apply to full-time and part-time employees, but do not apply to casual employees.
37.1 Amount of paid personal leave
37.1.1 Paid personal leave will be available to an employee when they are absent due to:
37.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues as follows:
37.1.2(a) three days plus 1.46 hours per week of service will be available in the first year of service;
37.1.2(b) thirteen days will be available per annum in the second and subsequent years of service.
37.1.3 In any year unused personal leave accrues by the lesser of:
37.1.3(a) ten days less the amount of sick leave and carer’s leave taken during the year; or
37.1.3(b) the balance of that year’s unused personal leave.
37.1.4 For the purpose of clause 37.1.3 the sick leave credit of an employee with an employer shall be determined by adding to the accumulation of the sick leave, if any, standing to the credit of that employee with that employer (pursuant to this or any other award or Industrial Agreement relating to the industry of the occupations to which this award relates) immediately before 4 January 1973, the amount of leave that the employee is entitled to be granted by the employer pursuant to this clause, and deducting from the total any sick leave taken.
37.2 Sick leave
37.2.1 An employee is entitled to use up to 1.46 hours per week of service of the current year’s personal leave entitlement as sick leave in the first year of service and ten days in the second and subsequent years of service.
37.2.2 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.
37.2.3 Within 24 hours after the commencement of the absence the employee shall inform the employer of the employee’s inability to attend for duty and, as far as practicable, of the nature of the illness and the estimated duration of the absence.
37.2.4 Medical certificate
37.2.4(a) If so required by the employer, the employee shall produce to the employer a medical certificate or other reasonable evidence to prove that the employee was unable to attend for duty on the day or days in respect of which sick leave is claimed.
37.2.4(b) Notwithstanding 37.2.4(a) above, an employee who does not or who is unable to attend a medical practitioner shall if so required produce to the employer a Statutory Declaration stating that the employee was unable to attend for duty on account of personal illness. This provision shall apply only to absences of up to three consecutive days.
37.2.5 For the purposes of this clause the word illness includes personal injury but does not include an injury for which compensation is payable under the Workers Compensation legislation referred to in clause 23 - Accident pay.
37.2.6 Sick leave for part-time employees
37.2.6(a) A part-time employee is entitled in the first year of employment to be granted sick leave credits based on the quantum of leave prescribed by 37.2.1 of this clause for a full-time employee. Sick leave credits for a part-time employee shall accrue in the first year of service on a weekly basis calculated in accordance with the following formula:
Ordinary hours worked per week |
Quantum of sick leave hours accrued |
12 |
0.46 |
13 |
0.50 |
14 |
0.54 |
15 |
0.58 |
16 |
0.61 |
17 |
0.65 |
17 |
0.69 |
19 |
0.73 |
20 |
0.77 |
21 |
0.81 |
22 |
0.85 |
23 |
0.88 |
24 |
0.92 |
25 |
0.96 |
26 |
1.00 |
27 |
1.04 |
28 |
1.08 |
29 |
1.12 |
30 |
1.15 |
31 |
1.19 |
32 |
1.23 |
33 |
1.27 |
34 |
1.31 |
35 |
1.35 |
36 |
1.38 |
37 |
1.42 |
37.2.6(b) After completion of the first twelve months’ continuous service and after completion of each subsequent period of twelve months’ continuous service, a part-time employee is entitled to the grant of a further sick leave credit. The amount of sick leave credit shall be based on the average number of ordinary hours worked per week by the employee over the preceding twelve months. The following table shall be used in ascertaining the sick leave credit which must be granted to a part-time employee.
Average number of ordinary hours worked per week |
Hours of sick leave credit which must be granted |
12 |
24.00 |
13 |
26.00 |
14 |
28.00 |
15 |
30.00 |
16 |
32.00 |
17 |
34.00 |
17 |
36.00 |
19 |
38.00 |
20 |
40.00 |
21 |
42.00 |
22 |
44.00 |
23 |
46.00 |
24 |
48.00 |
25 |
50.00 |
26 |
52.00 |
27 |
54.00 |
28 |
56.00 |
29 |
58.00 |
30 |
60.00 |
31 |
62.00 |
32 |
64.00 |
33 |
66.00 |
34 |
68.00 |
35 |
70.00 |
36 |
72.00 |
37 |
74.00 |
37.2.6(c) For the purposes of this paragraph, a part-time employee includes an employee who has been employed for part of the year as a full-time employee and for part of the year as a part-time employee. (In other words, where an employee has been employed during a twelve month period partly as a part-time employee and partly as a full-time employee, the averaging provisions shall be implemented.)
37.2.7 Special provision relating to sick leave on annual leave
37.2.7(a) Where a full-time or part-time employee is ill while on annual leave (granted pursuant to clause 36 - Annual leave of this award) and the illness is such as would, if the employee were not on annual leave, have rendered the employee unable to attend at the place of employment for a period of not less than three consecutive days the employee shall, subject to compliance with the terms and conditions prescribed in 37.2.7(b) be granted sick leave as prescribed by this clause not exceeding the sick leave credit of the employee.
37.2.7(b) Where an employee asserts an entitlement to paid leave of the kind referred to in 37.2.7(a), the employee shall within three days of resuming work after taking such leave, deliver to the employer a certificate furnished by a legally qualified medical practitioner certifying that for the period of not less than three consecutive days specified in such certificate the employee would have been unable to attend or remain at the place of employment if the employee had been required to do so.
37.3 Bereavement leave
37.3.1 An employee is entitled to use up to three days personal leave as bereavement leave on the death within Australia of a wife, husband, father, mother, grandfather, grandmother, brother, sister, child or step-child, mother-in-law or father-in-law up to and including the day of the funeral of such relation, and such leave shall be without deduction of pay.
37.3.2 Proof of such death shall be furnished by the employee to the satisfaction of the employer if the employer so requests.
37.3.3 This clause shall have no operation while the period of entitlement to leave under it coincides with any other period of leave.
37.3.4 For the purposes of this clause the words wife and husband shall not include a wife or husband from whom the employee is legally separated but shall include a person who lives with the employee as a de facto wife or husband.
37.4 Carer’s leave
37.4.1 An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use in accordance with this subclause any personal leave entitlement which accrues after 26 May 1995 for absences to provide care and support for such persons when they are ill.
37.4.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
37.4.3 The entitlement to carer’s leave is subject to:
37.4.3(a) the employee being responsible for the care of the person concerned; and
37.4.3(b) the person concerned being either:
37.4.3(b)(i) a member of the employee’s immediate family; or
37.4.3(b)(ii) a member of the employee’s household.
37.4.3(c) The term immediate family includes:
37.4.3(c)(i) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee; and
37.4.3(c)(ii) 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.
37.4.4 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 the 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 absence.
37.4.5 Unpaid leave for family purpose
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill.
37.4.6 Annual leave
37.4.6(a) Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed between the parties.
37.4.6(b) Access to annual leave, as prescribed in 37.4.6(a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.
37.4.6(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.
37.4.7 Time-off in lieu of payment for overtime
37.4.7(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.
37.4.7(b) Overtime taken as time-off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
37.4.7(c) An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under 37.4.7(a) of this subclause where such time has not been taken within four weeks of accrual and requested by the employee.
37.4.8 Make-up time
An employee 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, during the spread of ordinary hours provided in the award, at ordinary rates.
37.4.9 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 clause 8 - Grievance procedure.
