Woolworths Distribution Centre Award 2004
AP837192 - Woolworths Distribution Centre Award 2004
Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. The provisions of this clause apply to full-time, part-time and eligible casual employees, but do not apply to other casual employees.
An eligible casual employee means a casual employee:
(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and
(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.
For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).
An employer must not fail to re-engage a casual employee because:
(a) the employee or employee’s spouse is pregnant; or
(b) the employee is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
23.1 Maternity leave
23.1.1 Maternity leave is unpaid leave.
23.1.2 For the purposes of this subclause:
23.1.2(a) Paternity leave means leave of the type provided for in 23.2 whether prescribed in an award or otherwise.
23.1.2(b) Child means a child of the employee under the age of one year.
23.1.2(c) Spouse includes a de facto or a former spouse.
23.1.2(d) Continuous service means service under an unbroken contract of employment and includes:
23.1.2(d)(i) any period of leave taken in accordance with this clause;
23.1.2(d)(ii) any period of part-time employment worked in accordance with this clause; or
23.1.2(d)(iii) any period of leave or absence authorised by the employer or by the award.
23.1.3 Eligibility for maternity leave
23.1.3(a) An employee who becomes pregnant, upon production to her employer of the certificate required by 23.1.4, shall be entitled to a period of up to 52 weeks maternity leave, provided that such leave shall not extend beyond the child’s first birthday. This entitlement shall be reduced by any period of paternity leave taken by the employee’s spouse in relation to the same child and apart from paternity leave of up to one week at the time of confinement shall not be taken concurrently with paternity leave.
23.1.3(b) Subject to 23.1.6 and 23.1.9 the period of maternity leave shall be unbroken and shall, immediately following confinement, include a period of six weeks compulsory leave.
23.1.3(c) The employee must have completed at least twelve months continuous service with that employer immediately preceding the date upon which she proceeds upon such leave.
23.1.4 Certification
At the time specified in 23.1.5 the employee must produce to her employer:
23.1.4(a) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement;
23.1.4(b) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
23.1.5 Notice requirements
23.1.5(a) An employee shall, not less than ten weeks prior to the presumed date of confinement, produce to her employer the certificate referred to in 23.1.4(a).
23.1.5(b) An employee shall give not less than four weeks notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken and shall, at the same time, produce to her employer the statutory declaration referred to in 23.1.4(b).
23.1.5(c) An employer, by not less than fourteen days notice in writing to the employee, may require her to commence maternity leave at any time within the six weeks immediately prior to her presumed date of confinement.
23.1.5(d) An employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with 23.1.5(b) if such failure is occasioned by the confinement occurring earlier than the presumed date.
23.1.6 Transfer to a safe job
23.1.6(a) Where, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
23.1.6(b) If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave for the purposes of 23.1.10, 23.1.11, 23.1.12 and 23.1.13.
23.1.7 Variation of period of maternity leave
23.1.7(a) Provided the maximum period of maternity leave does not exceed the period to which the employee is entitled under 23.1.3:
23.1.7(a)(i) the period of maternity leave may be lengthened once only by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be lengthened;
23.1.7(a)(ii) the period may be further lengthened by agreement between the employer and the employee.
23.1.7(b) The period of maternity leave may, with the consent of the employer, be shortened by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be shortened.
23.1.8 Cancellation of maternity leave
23.1.8(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.
23.1.8(b) Where the pregnancy of an employee not then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that she desires to resume work.
23.1.9 Special maternity leave and sick leave
23.1.9(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then:
23.1.9(a)(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or
23.1.9(a)(ii) for illness other than the normal consequences of confinement she shall be entitled to, either in lieu of or in addition to special maternity leave, such paid sick leave as to which she is then entitled and which a registered medical practitioner certifies as necessary before her return to work.
23.1.9(b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under 23.1.3.
23.1.9(c) For the purposes of 23.1.10, 23.1.11 and 23.1.12, maternity leave shall include special maternity leave.
23.1.9(d) An employee returning to work after the completion of a period of leave taken pursuant to this clause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to 29.1.6, to the position she held immediately before such transfer.
23.1.9(e) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing she shall be entitled to a position as nearly comparable in status and pay to that of her former position.
23.1.10 Maternity leave and other leave entitlements
23.1.10(a) Provided the aggregate of any leave, including leave taken under this clause does not exceed the period to which the employee is entitled under 23.1.3, an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is entitled.
23.1.10(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on maternity leave.
23.1.11 Effect of maternity leave on employment
Subject to this clause, notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.
23.1.12 Termination of employment
23.1.12(a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.
23.1.13 Return to work after maternity leave
23.1.13(a) An employee shall confirm her intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.
23.1.13(b) An employee, upon returning to work after maternity leave or the expiration of the notice required by 23.1.13(a), shall be entitled to the position which she held immediately before proceeding on maternity leave; or in the case of an employee who was transferred to a safe job pursuant to 23.1.6, to the position which she held immediately before such transfer; or in relation to an employee who has worked part-time during the pregnancy, the position she held immediately before commencing such part-time work.
23.1.13(c) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee’s former position.
23.1.14 Replacement employees
23.1.14(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.
23.1.14(b) Before an employer engages a replacement employee the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
23.1.14(c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this subclause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.
23.1.14(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.
23.2 Paternity leave
23.2.1 Nature of leave
Paternity leave is unpaid leave.
23.2.2 Definitions
For the purposes of this subclause:
23.2.2(a) Employee includes a part-time employee and an eligible casual employee.
23.2.2(b) Maternity leave means leave of the type provided for in 23.1 (and includes special maternity leave) whether prescribed in an award or otherwise.
23.2.2(c) Child means a child of the employee or the employee’s spouse under the age of one year.
23.2.2(d) Spouse includes a de facto or a former spouse.
23.2.2(e) Primary care-giver means a person who assumes the principal role of providing care and attention to a child.
23.2.2(f) Continuous service means service under an unbroken contract of employment and includes:
23.2.2(f)(i) any period of leave taken in accordance with this clause;
23.2.2(f)(ii) any period of part-time employment worked in accordance with this clause; or
23.2.2(f)(iii) any period of leave or absence authorised by the employer or by the award.
23.2.3 Eligibility for paternity leave
A male employee, upon production to his employer of the certificate required by 23.2.4, shall be entitled to one or two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances:
23.2.3(a) an unbroken period of up to one week at the time of confinement of his spouse;
23.2.3(b) a further unbroken period of up to 51 weeks in order to be the primary care-giver of a child, provided that such leave shall not extend beyond the child’s first birthday. This entitlement shall be reduced by any period of maternity leave taken by the employee’s spouse in relation to the same child and shall not be taken concurrently with that maternity leave.
23.2.3(c) The employee must have completed at least twelve months continuous service with that employer immediately preceding the date upon which he proceeds upon either period of leave.
23.2.4 Certification
At the time specified in 23.2.5 the employee must produce to his employer:
23.2.4(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement or states the date on which the birth took place;
23.2.4(b) in relation to any period to be taken under 23.2.3(b), a statutory declaration stating:
23.2.4(b)(i) he will take that period of paternity leave to become the primary care-giver of a child;
23.2.4(b)(ii) particulars of any period of maternity leave sought or taken by his spouse; and
23.2.4(b)(iii) for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
23.2.5 Notice requirements
23.2.5(a) The employee shall, not less than ten weeks prior to each proposed period of leave, give the employer notice in writing stating the dates on which he proposes to start and finish the period or periods of leave and produce the certificate and statutory declaration required in 23.2.4.
23.2.5(b) The employee shall not be in breach of this clause as a consequence of failure to give the notice required in 23.2.5(a) if such failure is due to:
23.2.5(b)(i) the birth occurring earlier than the expected date; or
23.2.5(b)(ii) the death of the mother of the child; or
23.2.5(b)(iii) other compelling circumstances.
23.2.5(c) The employee shall immediately notify his employer of any change to the information provided pursuant to 23.2.4.
23.2.6 Variation of period of paternity leave
23.2.6(a) Provided the maximum period of paternity leave does not exceed the period to which the employee is entitled under 23.2.3:
23.2.6(a)(i) the period of paternity leave provided by 23.2.3(b) may be lengthened once only by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be lengthened;
23.2.6(a)(ii) the period may be further lengthened by agreement between the employer and the employee.
23.2.6(b) The period of paternity leave taken under 23.2.3(b) may, with the consent of the employer, be shortened by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be shortened.
23.2.7 Cancellation of paternity leave
Paternity leave, applied for under 29.2.3(b) but not commenced, shall be cancelled when the pregnancy of the employee’s spouse terminates other than by the birth of a living child.
23.2.8 Paternity leave and other leave entitlements
23.2.8(a) Provided the aggregate of any leave, including leave taken under this clause, does not exceed the period to which the employee is entitled under 23.2.3, an employee may, in lieu of or in conjunction with paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled.
23.2.8(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during his absence on paternity leave.
23.2.9 Effect of paternity leave on employment
Subject to this clause, notwithstanding any award or other provision to the contrary, absence on paternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.
23.2.10 Termination of employment
23.2.10(a) An employee on paternity leave may terminate his employment at any time during the period of leave by notice given in accordance with this award.
23.2.11 Return to work after paternity leave
23.2.11(a) An employee shall confirm his intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of paternity leave provided by 23.2.3(b).
23.2.11(b) An employee, upon returning to work after paternity leave or the expiration of the notice required by 23.2.11(a), shall be entitled to the position which he held immediately before proceeding on paternity leave, or in relation to an employee who has worked part-time under this clause, to the position he held immediately before commencing such part-time work.
23.2.11(c) Where such position no longer exists but there are other positions available for which the employee is qualified for and is capable of performing, he shall be entitled to a position as nearly comparable in status and pay to that of his former position.
23.2.12 Replacement employees
23.2.12(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on paternity leave.
23.2.12(b) Before an employer engages a replacement employee the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
23.2.12(c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising his rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.
23.2.12(d) Nothing in this clause shall be construed as requiring an employer to engage a replacement employee.
23.3 Adoption leave
23.3.1 Nature of leave
Adoption leave is unpaid leave.
23.3.2 Definitions
For the purposes of this clause:
23.3.2(a) Adoption includes adoption of a child pursuant to the Adoption Act 1988, the placement of a child with a person or persons in anticipation of, or for the purposes of, such adoption and the taking of care and control of a child in anticipation of, or for the purposes of, such adoption.
23.3.2(b) Adopt shall have the corresponding meaning as adoption.
23.3.2(c) Child means a person under the age of five years but shall not include a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a continuous period of six months or more.
23.3.2(d) Continuous service means service under an unbroken contract of employment and includes:
23.3.2(d)(i) any period of leave taken in accordance with this clause;
23.3.2(d)(ii) any period of part-time employment worked in accordance with this clause; or
23.3.2(d)(iii) any period of leave or absence authorised by the employer or by the award.
23.3.2(e) Court means a court as defined in s.4 of the Adoption Act 1988.
23.3.2(f) Director-General means the Director-General of Community Welfare.
23.3.2(g) Employee includes a part-time employee and an eligible casual employee.
23.3.2(h) Primary care-giver means a person who assumes the principal role of providing care and attention to a child.
23.3.2(i) Relative adoption occurs where a child, as defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).
23.3.2(j) Spouse includes a de facto spouse.
23.3.3 Eligibility
An employee who adopts a child or who, having been approved for adoption by the Director-General, proposes to travel overseas for the purpose of taking custody of the child for the purpose of adoption, upon production to the employer of the documentation required by 29.3.4, shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances:
23.3.3(a) an unbroken period of up to three weeks at the time of the adoption of the child;
23.3.3(b) an unbroken period of up to 52 weeks from the time of the adoption in order to be the primary care-giver of the child. This leave shall not extend beyond one year after the adoption of the child and shall not be taken concurrently with adoption leave taken by the employee’s spouse in relation to the same child. This entitlement of up to 52 weeks shall be reduced by:
23.3.3(b)(i) any period of leave taken pursuant to 29.3.3(a); and
23.3.3(b)(ii) the aggregate of any periods of adoption leave taken or to be taken by the employee’s spouse.
23.3.3(c) The employee must have had at least twelve months continuous service with that employer immediately preceding the date upon which he or she proceeds upon such leave in either case.
23.3.4 Certification
23.3.4(a) Before taking adoption leave the employee must produce to the employer:
23.3.4(a)(i) a statement from the Director-General or other appropriate authority of the presumed date of placement of the child with the employee for adoption purposes; or
23.3.4(a)(ii) a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order; or
23.3.4(a)(iii) a copy of the application to the Court pursuant to the Adoption Act 1988 made by the employee for the adoption of a child.
23.3.4(b) In relation to any period to be taken under 23.3.3(b), a statutory declaration stating:
23.3.4(b)(i) the employee is seeking adoption leave to become the primary care-giver of the child;
23.3.4(b)(ii) particulars of any period of adoption leave sought or taken by the employee’s spouse; and
23.3.4(b)(iii) for the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment.
23.3.5 Notice requirements
23.3.5(a) Upon receiving notice of approval for adoption purposes, an employee shall notify the employer of such approval and within two months of such approval shall further notify the employer of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.
23.3.5(b) An employee who commences employment with an employer after the date of approval for adoption purposes shall notify the employer thereof upon commencing employment and of the period or periods of adoption leave which the employee proposes to take. Provided that such employee shall not be entitled to adoption leave unless the employee has not less than twelve months continuous service with that employer immediately preceding the date upon which he or she proceeds upon such leave.
23.3.5(c) An employee shall, as soon as the employee is aware of the presumed date of placement of a child for adoption purposes, but no later than fourteen days before such placement, give notice in writing to the employer of such date, and of the date of the commencement of any period of leave to be taken under 29.3.3(a).
23.3.5(d) An employee shall, ten weeks before the proposed date of commencing any leave to be taken under 29.3.3(b) give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.
23.3.5(e) An employee shall not be in breach of this subclause, as a consequence of failure to give the stipulated period of notice in accordance with 29.3.5(c) and 29.3.5(d) if such failure is occasioned by the requirement of the Director-General or other appropriate authority to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.
23.3.6 Variation of period of adoption leave
23.3.6(a) Provided that the maximum period of adoption leave does not exceed the period to which the employee is entitled under 23.3.3:
23.3.6(a)(i) the period of leave taken under 23.3.3(b) may be lengthened once only by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be lengthened;
23.3.6(a)(ii) the period may be further lengthened by agreement between the employer and employee.
23.3.6(b) The period of adoption leave taken under 23.3.3(b) may, with the consent of the employer, be shortened by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be shortened.
23.3.7 Cancellation of adoption leave
23.3.7(a) Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed.
23.3.7(b) Where the adoption of a child by an employee not then on adoption leave does not proceed or continue, or if the Court refuses to make an order for adoption, the employee shall notify the employer forthwith and the employer shall nominate a time not exceeding four weeks from receipt of notification for the employee’s resumption of work.
23.3.8 Special leave
23.3.8(a) An employee, who is seeking to adopt a child and who wishes to take unpaid leave to attend any interviews, work shops, court attendances or medical examinations as are necessary or required for the purpose of adopting a child, shall give such notice as is reasonable and adequate in the circumstances to the employer of the employee’s desire to take such special leave.
23.3.8(b) The employer shall grant an employee unpaid special leave not exceeding five days in total. This special leave may be taken concurrently by both prospective adoptive parents.
23.3.8(c) In this clause child shall include a person under the age of sixteen years.
23.3.9 Adoption leave and other entitlements
23.3.9(a) Provided that the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under 23.3.3, an employee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled.
23.3.9(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during the employee’s absence on adoption leave.
23.3.10 Effect of adoption leave on employment
Subject to this clause, notwithstanding any award or other provision to the contrary, absence on adoption leave shall not break the continuity of service of an employee, but the period of leave shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.
23.3.11 Termination of employment
23.3.11(a) An employee on adoption leave may terminate the employment at any time during the period of leave by notice given in accordance with this award.
23.3.12 Return to work after adoption leave
23.3.12(a) An employee shall confirm the intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of adoption leave provided by 23.3.3(b).
23.3.12(b) An employee, upon the expiration of the notice required by 23.3.12(a) shall be entitled to the position held immediately before proceeding on such leave or, in relation to an employee who has worked part-time under this clause, the position held immediately before commencing such part-time work.
23.3.12(c) Where such position no longer exists but there are other positions available for which the employee is qualified and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee’s former position.
23.3.13 Replacement employees
23.3.13(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on adoption leave.
23.3.13(b) Before an employer engages a replacement employee the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
23.3.13(c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising rights under this subclause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.
23.3.13(d) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.
23.4 Part-time work
23.4.1 Definitions
For the purposes of this subclause:
23.4.1(a) Male employee means an employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes.
23.4.1(b) Female employee means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes.
23.4.1(c) Spouse includes a de facto spouse or a former spouse.
23.4.1(d) Former position means the position held by a female or male employee immediately before proceeding on leave or part-time employment under this clause, whichever first occurs or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition.
23.4.1(e) Continuous service means service under an unbroken contract of employment and includes:
23.4.1(e)(i) any period of leave taken in accordance with this clause;
23.4.1(e)(ii) any period of part-time employment worked in accordance with this clause; or
23.4.1(e)(iii) any period of leave or absence authorised by the employer or by the award.
23.4.2 Entitlement
With the agreement of the employer:
23.4.2(a) A male employee may work part-time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of adoption of the child until the second anniversary of the adoption.
23.4.2(b) A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.
23.4.2(c) A female employee may work part-time in one or more periods at any time from the seventh week after the date of birth of the child until its second birthday.
23.4.2(d) In relation to adoption, a female employee may work part-time in one or more periods at any time from the date of the adoption of the child until the second anniversary of that date.
23.4.3 Return to former position
23.4.3(a) An employee who has had at least twelve months continuous service with an employer immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment, or the first period, if there is more than one, the right to return to his or her former position.
23.4.3(b) Nothing in 23.4.3(a) shall prevent the employer from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment.
23.4.4 Effect of part-time employment on continuous service
Commencement of part-time work under this clause and return from part-time work to full-time work under this clause, shall not break the continuity of service or employment.
23.4.5 Pro rata entitlements
Subject to the provisions of this clause and the matters agreed to in accordance with 23.4.8, part-time employment shall be in accordance with the provisions of this award which shall apply pro rata.
23.4.6 Transitional arrangements - annual leave
23.4.6(a) An employee working part-time under this clause shall be paid for and take any leave accrued in respect of a period of full-time employment, in such periods and manner as specified in the annual leave provisions of this award, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this clause.
23.4.6(b) A full-time employee shall be paid for and take any annual leave accrued in respect of a period of part-time employment under this clause, in such periods and manner as specified in this award, as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.
23.4.6(c) Provided that, by agreement between the employer and the employee, the period over which the leave is taken may be shortened to the extent necessary for the employee to receive pay at the employee’s current full-time rate.
23.4.7 Transitional arrangements - sick leave
An employee working part-time under this clause shall have sick leave entitlements which have accrued under this award (including any entitlement accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a full-time employee, it shall be debited for the ordinary hours that the employee would have worked during the period of absence.
23.4.8 Part-time work agreement
23.4.8(a) Before commencing a period of part-time employment under this clause the employee and the employer shall agree:
23.4.8(a)(i) that the employee may work part-time;
23.4.8(a)(ii) upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work;
23.4.8(a)(iii) upon the classification applying to the work to be performed; and
23.4.8(a)(iv) upon the period of part-time employment.
23.4.8(b) The terms of this agreement may be varied by consent.
23.4.8(c) The terms of this agreement or any variation to it shall be reduced to writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.
23.8.4(d) The terms of this agreement shall apply to the part-time employment.
23.4.9 Termination of employment
23.4.9(a) Any termination entitlements payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part-time work under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.
23.4.10 Extension of hours of work
An employer may request, but not require, an employee working part-time under this clause to work outside or in excess of the employee’s ordinary hours of duty provided for in accordance with 23.4.8.
23.4.11 Nature of part-time work
The work to be performed part-time need not be the work performed by the employee in his or her former position but shall be work otherwise performed under this award.
23.4.12 Replacement employees
23.4.12(a) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this clause.
23.4.12(b) A replacement employee may be employed part-time. Subject to this clause, 23.4.5 to 23.4.9 apply to the part-time employment of replacement employees.
23.4.12(c) Before an employer engages a replacement employee under this clause, the employer shall inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced.
23.4.12(d) Unbroken service as a replacement employee shall be treated as continuous service for the purposes of 23.4.1(e).
23.4.12(e) Nothing in this clause shall be construed as requiring an employer to engage a replacement employee.
