AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
32.1 Definitions
32.1.1 De facto means a person of the opposite sex to the employee who lives with the employee as his/her husband/wife on a bona fide domestic basis.
32.1.2 Immediate family includes
32.1.2(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee; and
32.1.2(b) a 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.
32.2 Personal leave entitlement
32.2.1 Paid personal leave is available to an employee other than a casual employee when he /she is absent due to:
32.2.2 Personal leave of thirteen days (104 hours) is available in the first year of service and is available in each second and subsequent year of service. In any year, unused personal leave accrues at the rate of the lesser of:
32.2.3 Personal leave may accumulate to a maximum of 608 hours. Personal leave will not be compensated upon the termination of employment.
32.2.4 The entitlement to use personal leave for the purposes of carer’s or bereavement leave is subject to the person being either:
32.3 Sick leave
32.3.1 An employee other than a casual employee is entitled to use up to ten days (76 hours) of the current year’s personal leave entitlement as sick leave in the first twelve months of service and in any second and subsequent years of service.
32.3.2 An employee is entitled to use accumulated personal leave for the purposes of sick leave if the employee’s current year’s sick leave entitlement has been exhausted.
32.3.3 Notification of illness or injury
The employee must inform Virgin Tech at least two hours before his/her next rostered starting time, unless the employee has good reason for not doing so, of the employee’s inability to attend for duty; and the nature of the injury or illness and the estimated duration of the absence.
32.3.4 Proof of illness of injury
The employee must if required by Virgin Tech, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness for any period of sick leave applied for under this clause.
32.3.5 Effect of workers compensation
An employee is not entitled to paid sick leave for any period in respect of which the employee is entitled to payment of workers’ compensation.
32.3.6 Leave exclusive of public holidays - day workers
Sick leave allowable to day workers under this clause is exclusive of public holidays.
32.3.7 Sick leave and annual leave
If an employee is sick while on annual leave and provides Virgin Tech with a medical certificate on return to work from annual leave, the employee will be re-credited annual leave for a period equivalent to the period of sickness. The equivalent period of leave granted must be recorded as sick leave.
32.4 Bereavement leave
32.4.1 Paid leave entitlement
An employee other than a casual is entitled to use up to three days personal leave as bereavement leave on any occasion on which a member of the employee’s immediate family or household dies. Bereavement leave is non-cumulative.
32.4.2 Unpaid leave entitlement
If an employee has exhausted all personal leave entitlements, including accumulated entitlements, he or she is entitled to up to three days unpaid bereavement leave.
32.4.3 Evidence supporting claim
Virgin Tech may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.
32.5 Carer’s leave
32.5.1 Paid leave entitlement
An employee other than a casual employee is entitled to use up to five days personal leave each year to care for members of his/her immediate family or household who are sick and require care and support. This entitlement is subject to the employee concerned being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave if another person has taken leave to care for the same person.
32.5.2 Notice required
Before taking carer’s leave, an employee must give at least two hour’s notice before his/her next rostered starting time, unless he or she has a good reason for not doing so. The notice must include:
If it is not practicable for the employee to give prior notice of absence, the employee must notify Virgin Tech by telephone at the first opportunity.
32.5.3 Evidence supporting claim
The employee must, if required by Virgin Tech, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.
32.5.4 Unpaid leave
An employee may take unpaid carer’s leave by agreement with Virgin Tech.
32.5.5 Time off in lieu of overtime
32.5.5(a) An employee may elect, with the consent of Virgin Tech, to take time off in lieu of payment for overtime at a time or times agreed with Virgin Tech. This agreement must be in writing and the employee must take time off within four weeks of working the overtime.
32.5.5(b) Overtime taken as time off during ordinary time hours must be taken at the ordinary time rate (i.e. an hour for each hour worked).
32.5.5(c) If an employee elects to take time off in lieu of payment for overtime worked but the time off has not been taken within four weeks of accrual, Virgin Tech must, if requested by the employee, provide payment at the appropriate overtime rate for the overtime worked.
32.5.5(d) These arrangements are only available in the event that the entitlement to paid personal leave has been exhausted.
32.5.6 Make-up time
An employee may elect, with the consent of Virgin Tech, to work make-up time under which the employee takes time off ordinary hours, and works those hours at a later time, or rostered.
