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AP830035 - Shop Distributive and Allied Employees Association - Domino’s Pizza Australia Consent Award 2003

35. JURY SERVICE

35.1 If an employee, other than a casual employee, is required on any day or days to attend at court in compliance with a summons to appear as a juror, such employee shall for each ordinary working day on which he/she so attends be granted leave by the employer for that day and be paid an amount equal to the difference between the fees to which the employee is entitled for attending on such day and the amount of ordinary pay to which the employee would have been entitled under this award had the employee worked on that day provided:

35.1.1 That the employee notified the employer that he/she has received such summons and produces it to the employer on the first working day after receiving same;

35.1.2 That the employee qualifies for a jury fee on that day; and

35.1.3 Subject to the provisions of the employee’s roster requiring attendance at work, that the employee attends for work and works as required on the working day before and the working day after the day or days on which the employee is required to attend and attends for jury service as aforesaid.

Provided that each employee on jury service shall only be required to attend work where the combination of work days and jury service days does not exceed five days in any one week.

35.2 Any absence from work arising from an employee serving as a juror in accordance with this clause shall not interrupt the employee’s continuous service with the employer. Each ordinary working day on which an employee attends as a juror in accordance with this clause shall be regarded as service with the employer for the purpose of accruing entitlements to annual leave. For the purpose of this clause “ordinary working day” shall be defined as any day on which the employee would be required to attend and offer for work.

Where an employee attends for jury service during his annual leave, all ordinary working days during that period of attendance shall be recredited to the employee’s annual leave entitlements.

35.3 Any employee who serves as a juror in accordance with the provisions of this clause shall not be rostered to work on Saturday or Sunday during the period of jury service.

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