av staff pty ltd t/a domino's pizza sda - dominos pizza ...€¦ · sda - domino's pizza...

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[2010] FWAA 3945

DECISIONFair Work Act 2009 s.185—Approval of enterprise agreement

AV Staff Pty Ltd T/A Domino's Pizza(AG2009/23822)

SDA - DOMINOS PIZZA AGREEMENT 2009 (AV STAFF PTY LTD)

Fast food industry

COMMISSIONER ASBURY BRISBANE, 28 MAY 2010

Application for approval of the SDA - Domino's Pizza Agreement 2009 (AV Staff Pty Ltd).

[1] An application has been made for approval of an enterprise agreement known as the SDA - Domino's Pizza Agreement 2009 (AV Staff Pty Ltd) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AV Staff Pty Ltd trading as Domino’s Pizza.

[2] On 28 April 2010, the Employer provided an undertaking as follows:-

i. Notwithstanding the provisions of the clause 3 of the Agreement, the National Employment Standards (NES) will operate from 1 January 2010 with respect to employees covered by the Agreement;

ii. The grievance procedure in clause 29 of the Agreement is a process by which disputes about matters arising under the Agreement and in relation to the National Employment Standards (NES) will be settled. Employees may be represented at any stage of the grievance procedure;

iii. Clause 50 of the Agreement does not provide an entitlement to enter premises other than in accordance with Part 3-4 of Chapter 3 of the Fair Work Act 2009(Cth).

These undertakings form part of the Agreement and are contained on the file in relation to this matter.

[3] The Shop Distributive and Allied Employees’ Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[2010] FWAA 3945

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[5] The Agreement is approved and will operate from 4 June 2010 until 3 June 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE878036 PR997425>

Fair Work Act 2009 (Cth)

Date of Approval 2009

SDA - Domino's Pizza Agreement 2009 (AVStaff Pty Ltd)

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SDA - DOMINO'S PIZZA AGREEMENT 2009 (AV STAFF PTY LTD)

1. TITLE

This Agreement shall be known as the SDA-Domino's Pizza Agreement 2009 (AV StaffPty Ltd).

2. ARRANGEMENT

CLAUSE CLAUSE NUMBERANNUAL LEAVE 26ANTI DISCRIMINATION 56ARRANGEMENT 2BLOOD DONOR LEAVE 40CARER'S LEAVE 42CASUAL EMPLOYEES 11CHANGE AND REST ROOMS 17COMMUNITY SERVICE LEAVE 39COMPASSIONATE LEAVE (INCLUDING BEREAVEMENT LEAVE) 28CONSULTATIONIINTRODUCTION OF CHANGE 45CONTRACT OF EMPLOYMENT 30DATE AND PERIOD OF OPERATION 3DEFENCE FORCES SERVICES LEAVE 38DEFINITIONS 5EMPLOYEES EQUIPMENT 20ESCORTS TO CARS 4FIRST AID KIT 3GRIEVANCE PROCEDURE 29HIGHER AND LOWER DUTIES 9HOURS 12INCIDENCE AND PARTIES BOUND 4INDIVIDUAL FLEXIBILITY AGREEMENT 6LEAVE OF ABSENCE 37LIMITATION OF WORK 21LOCATION ALLOWANCES 8LONG SERVICE LEAVE 34MEAL BREAKS 15MEAL MONEY 16NATURAL DISASTER LEAVE 41NO REDUCTION 52OCCUPATIONAL HEALTH AND SAFETY 44OVERTIME 14PARENTAL LEAVE 35PART TIME EMPLOYMENT 10PAYMENT OF WAGES 32PRE-NATAL LEAVE 36PROTECTIVE CLOTHING 19PUBLIC HOLIDAYS 25RECORDS 48REDUNDANCY 46RE-NEGOTIATION OF AGREEMENT 55ROSTERS FOR FULL TIME AND PART TIME EMPLOYEES 13

SDA- Domino's PizzaAgreement 2009 (AV Staff Pty Ltd) 2

SAVINGSSICK LEAVESUPERCESSION OF AGREEMENTSUPERANNUATIONSUPPORTED WAGESTERMINATION OF EMPLOYMENTTITLETRAVELLING FACILITIESUNION RECOGNITION AND MEMBERSHIPUNIFORMS AND LAUNDERINGWAGES

SCHEDULES

LIST OF EMPLOYERSWAGE RATESNATIONAL EMPLOYMENT STANDARDS (NES)

3. DATE AND PERIOD OF OPERATION

53275433473122249187

ABC

This Agreement will operate 7 days after the date of approval by Fair Work Australia(FWA) for a period not exceeding 3 years. Schedule C reflects Sections 59 to 131 of theFair Work Act 2009 (Cth). These Sections in full represent the National EmploymentStandards (the "NES") which under the Act are intended to apply from 1 January 2010.The parties have agreed to have these sections of the NES apply from the date ofoperation of this Agreement.

4. INCIDENCE AND PARTIES BOUND

This Agreement shall be binding on AV Staff Pty Ltd and the Shop Distributive andAllied Employees' Association and shall apply to all Employees of AV Staff Pty Ltd in allStates and Territories of Australia in the classifications in this Agreement whethermembers of the Union or not.

5. DEFINITIONS

5.1 "Domino's Store" shall mean an establishment which is operated by AV Staff Pty Ltdwhich is wholly or predominantly engaged in the receipt of orders for or thepreparation, sale, serving or delivery of food from a standardised menu and shallinclude any commissary where food is prepared or partially prepared.

"Domino's Pizza" or the "Employer" means AV Staff Pty Ltd ACN 140 511 842.

5.2 "Retail Food Employee Level I" or "Level I" shall mean an Employee engaged in a retailfood establishment who is in the first six months of employment and who is gaining theskills required of a Retail Food Employee Level II.

5.3 "Retail Food Employee Level II" or "Level II" shall mean an Employee with not less thansix months service with the Employer who is engaged to assist with the following:

5.3.1 preparation, assembly, cooking or packing of product for sale,


5.3.2

5.3.3

5.3.4

5.3.5

5.3.6

5.3.7

the maintenance of the work area at a standard of cleanliness as determined bythe Employer,

the cleaning of cooking utensils, cutlery and glassware,

the performance of customer service functions including the taking of orders byany means, the entering of information onto a computer,

the receipt of monies or other duties involving customer contact except thedelivery of product to the customer outside the retail food establishment.

the distribution or use of promotional material;

this Level II also applies to Manager in Training or Assistant Manager whilst soappointed in writing by their Employer and is subject to the Employer's specificcriteria in regard to proficiency; performance review and progression to a higherlevel.

5.4 "Retail Food Employee Level III" or "Level III" shall mean an Employee appointed inwriting by their Employer to have responsibility for the management of a store and issubject to the Employer's specific criteria in regard to proficiency; performance reviewand progression to a higher Level.

5.5 "Daily Spread of Shift" shall mean the time that elapses from the Employee's actualstarting time to the Employee's actual finishing time for the day or for the shift.

5.6 "Domino's Pizza" shall mean AV Staff Pty Ltd.

5.7 "Out Side Job" shall mean work that is performed away from an Employee's usual placeof work.

5.8 "Union" or "SDA" shall mean the Shop Distributive and Allied Employees' Association.

6. INDIVIDUAL FLEXIBILITY AGREEMENT

6.1 An Employer and Employee covered by this Agreement may agree to make an individualflexibility arrangement to vary the effect of terms of the Agreement if:

6.1.1 (a) The Agreement deals with the following matter:

(i) time off in lieu as referred to in Subclause 14.5.

6.1.2

6.1.3

The arrangement meets the genuine needs of the Employer and Employee inrelation to the matter mentioned in Subclause 6.1.1 (a); and

The arrangement is genuinely agreed to by the Employer and Employee.

6.2 The Employer must ensure that the terms ofthe individual flexibility arrangement:

6.2.1 are about permitted matters under section 172 of the Fair Work Act 2009 (Cth);and


6.2.2

6.2.3

are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and

result in the Employee being better off overall than the Employee would be if noarrangement was made.

6.3 The Employer must ensure that the individual flexibility arrangement:

6.3.1

6.3.2

6.3.3

6.3.4

is in writing; and

includes the name of the Employer and Employee; and

is signed by the Employer and Employee and if the Employee is under 18 yearsof age, signed by a parent or guardian of the Employee; and

includes details of:

(i) the terms of the enterprise agreement that will be varied by thearrangement; and

(ii) how the arrangement will vary the effect of the terms; and

(iii) how the Employee will be better off overall in relation to the terms andconditions of his or her employment as a result of the arrangement; and

6.3.5 states the day on which the arrangement commences.

6.4 The Employer must give the Employee a copy of the individual flexibility arrangementwithin 14 days after it is agreed to.

6.5 The Employer or Employee may terminate the individual flexibility arrangement:

6.5.1 by giving no more than 28 days' written notice to the other party to thearrangement; or

6.5.2 if the Employer and Employee agree in writing - at any time.

7. WAGES

7.1 The minimum ordinary rates of wage payable to Employees covered by this Agreementshall be as set out in Schedule B. It is to be noted that Safety Net adjustments appliedby the Minimum Wage Panel of Fair Work Australia on or about 1 July in each yearshall be applied to the rates of wages set out in Schedule B in the manner described inSchedule B. Save that where any Employee is paid in excess of their minimumclassification rate, for example an "over Agreement payment", then the safety netincreases may be absorbed at the Employer's discretion.

7.2 No Junior Employee will move to a lower junior percentage rate as a result of theapproval of this Agreement. No employee will suffer a reduction in ordinary time wagesand conditions if the employee is employed in the same position as (or a positioncomparable to) the position they were employed in immediately before this Agreementcomes into operation.

7.3 For the purpose of complying with the mmimum payment requirements of thisAgreement the employer is entitled to offset any amounts paid under the employee'scontract of employment against any amounts required to be paid under this Agreement.For the purposes of this clause all payments made over a period of 6 months pursuantto the contract of employment may be taken into account for the purpose of limitingany payment due under this Agreement to whatever may be the deficiency between the

SDA- Domino's Pizza Agreement 2009 (AV Staff Pty Ltd) 5

Agreement entitlements for an employee for the same 6 month period against theaggregate entitlement under the employee's contract of employment for the sameperiod.

8. LOCATION ALLOWANCES

In addition to the rates prescribed in Schedule B of this Agreement, an Employee shallbe paid a Location Allowance in accordance with the General Order of the WesternAustralian Industrial Relations Commission, or in relation to the Northern Territory$16.60 for Darwin and $9.30 for Alice Springs.

9. HIGHER OR LOWER DUTIES

9.1 Any Employee performing work for two hours or more on any day on duties carrying ahigher prescribed rate of wage than that in which the Employee is ordinarily engagedin, shall be paid the higher wage for the time so employed. Provided that where anEmployee is engaged for more than half of one working day of eight hours or more (orshift) on duties carrying a higher rate, the Employee shall be paid the higher rate forthe whole day or shift.

9.2 Any Employee, who is temporarily required to perform duties carrying a lowerprescribed rate of wage, shall do so without any loss of pay.

10. PART TIME EMPLOYEES

10.1 A part-time Employee shall mean a permanent Employee engaged on a weekly basiswho works regularly from week to week for not less than three consecutive hours pershift.

10.2 A part time Employee shall mean a permanent Employee engaged on a weekly contractof service, who works regularly from week to week for:

10.2.1

10.2.2

not less than three or more than ten consecutive ordinary hours per shift;

not less than nine or more than 30 ordinary hours per week over five days of theweek.

10.3 Subject to the limitations on daily and weekly hours for part time Employees asprescribed by Subclauses 10.1 and 10.2, the number of ordinary hours to be worked onanyone day by a part time Employee may be increased and/or decreased by agreementbetween the Employer and the Employee without payment of overtime or therequirement of an Employer to pay for any hours originally rostered but not worked.

10.4 Part time Employees shall be paid at the ordinary time rate of pay of one thirty-eighthof the full time weekly rate of pay for the appropriate classification as set out inSchedule B of this Agreement.

Provided that this rate shall be increased to double time for all work performed on theholidays referred to in Clause 25 (Public Holidays) of this Agreement.

10.5 Overtime for part-time Employees


Overtime as prescribed in Clause 14 (Overtime) of this Agreement will be paid for alltime worked by a part-time Employee beyond:

10.5.1

10.5.2

10.5.3

10.5.4

ten ordinary hours per day, or

thirty ordinary hours per week, or

five days per week, or

at times other than those which the Employee is rostered to work.

10.6 A part time Employee shall be eligible for:

10.6.1

10.6.2

10.6.3

10.6.4

pro rata annual leave,

sick leave and carer's leave in accordance with Clauses 27 and 42 and ScheduleC of this Agreement,

compassionate leave, and

payment in lieu of public holidays on which the Employee usually works.

In calculating the pro-rata entitlements of a part time Employee pursuant to this subclause, all ordinary hours worked by the Employee, shall be included in the calculation.

11. CASUAL EMPLOYEES

11.1 A casual Employee shall mean an Employee engaged on an hourly contract of service.

11.2 A Casual Employee will be engaged for a minimum of 2 consecutive ordinary hours pershift and up to a maximum of 10 ordinary hours per shift.

11.3 Subject to Subclause 11.9, casual Employees shall not work more than 38 ordinaryhours per week on not more than 5 days of the week.

11.4 Casual Employees must be paid in accordance with the appropriate table of rates inSchedule B.

11.5 Public holidays and casual Employees

The hourly rate of pay shall be increased to double time for all work performed on thepublic holidays referred to in Clause 25 (Public Holidays) of this Agreement.

11.6 Overtime and casual Employees

Casual Employees shall be entitled to overtime as set out in Clause 14 (Overtime) ofthis Agreement.

11.7 Travel time and casual Employees

Where a casual Employee is required to work at a location that is of a greater distancefrom their residence than their usual place of work, they will be entitled to claim anyadditional travelling time as part of their shift. These wages shall be forwarded to the


Employee within seventy two hours of completion of the pay week ill which theEmployee was employed.

In addition, all excess fares incurred by the Employee in traveling to and from the placeof engagement and the job shall be paid by the Employer.

11.8 The provisions of Clause 37 (Leave of Absence) shall not apply to a casual Employee.

11.9 Notwithstanding the provisions of Subclause 11.3, a casual Employee may request towork on six days in anyone week or twelve days in any fortnight in ordinary hours.

12. HOURS

12.1 The ordinary hours of work are thirty-eight per week. An Employee must not workmore than 10 ordinary hours per day.

12.2 A permanent Employee must not work ordinary hours on more than 10 days in a twoweek period. Each Employee shall be entitled to four uninterrupted full days off dutyper fortnight.

12.3 Notwithstanding the provisions of Subclause 12.1, in cases where full-time Employeesare rostered over a 19 day, four week cycle, up to forty ordinary hours may be workedin a week provided that the total number of ordinary hours in any four week cycle shallnot exceed 152.

13. ROSTERS FOR FULL TIME AND PART TIME EMPLOYEES

13.1 A roster of the working hours of each full time and part time Employee shall beexhibited in the office of each store and in such other place by the Employer, so as itmay be conveniently and readily seen by the Employee employed.

13.2 The roster shall show:

13.2.1

13.2.2

the name, classification and type of employment of each Employee,

the daily hours to be worked by each Employee and the breaks in shift to betaken.

13.3 The roster and "time and wage records" shall be open for inspection to a duly accreditedrepresentative of the Union for the purpose of ensuring compliance with thisAgreement.

13.4 Rosters shall show the working hours of Employees for at least one week in advance ofthe date of the roster, and may only be altered on account of sickness of an Employee,or by mutual consent between the Employee and the Employer concerned.

13.5 In exceptional and unforeseen circumstances a roster may be altered with a minimumof three days' notice to the Employees concerned. Provided that any such alterations tothe roster must be only the minimum necessary changes to deal with the exceptionaland unforeseen circumstances.


13.6 When compiling rosters, the Employer shall have regard to:

13.6.1

13.6.2

whether or not an Employee has safe transport home; and

his or her family responsibilities.

14. OVERTIME

14.1 Overtime for Levels I and II will be paid in the following circumstances:

14.1.1

14.1.2

14.1.3

14.1.4

times other than those which the Employee is rostered to work;

beyond ten hours in anyone day;

beyond ten days in anyone fortnight, unless Subclause 11.9 applies;

beyond thirty-eight hours in anyone week (except in the case of an Employeerostered over a 19 day, four week cycle as provided by Subclause 12.3 in whichcase the limit to weekly ordinary hours shall be forty in any week and 152 hoursin the four week cycle).

14.2 Overtime rate

All overtime worked shall be paid as follows:

Monday to Saturday 12 noon: time and a half for the first two hours anddouble time thereafter.

From 12 noon Saturday & all day Sunday: double time

14.3 All work carried out on an Employee's rostered day off shall be paid for at the rate ofdouble time with a minimum payment for three hours' work.

14.4 Notwithstanding anything contained in this clause, where a part time Employee isrequested to work overtime in order to meet unforeseen operational and/or staffmgrequirements, the first hour of such overtime shall be paid for at the ordinary time rateof pay, with the rest of the overtime to be paid as described in Subclause 14.2.

14.5 An Employee and their Employer may make an Individual Flexibility Agreement,pursuant to Clause 6, in relation to time off with pay being allowed in lieu of paymentfor overtime. Such time off must be agreed between the Employee and their Employer.

14.6 Time off shall be allowed subject to:

14.6.1

14.6.2

time off for each hour or part thereof being equivalent to the overtime rate thatotherwise would have been paid.

the period for taking time off being agreed at the time of arranging the overtimeand shall be no later than four weeks after the overtime is worked.

14.7 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 alater time, during the spread of ordinary hours provided in the Agreement.

15. MEAL BREAKS

15.1 Where an Employee is engaged for more than 5 hours on anyone day they will beentitled to an unpaid meal break of 30 minutes duration. Such meal break will betaken between the commencement of the second and the commencement of the fifthhour after commencing ordinary hours of work.

15.2 Where there is agreement between the Employer and an individual Employee, theEmployee may take the meal break 30 minutes prior to ceasing work.

15.3 Where an Employee in Level I or II is instructed to work through the meal break, themeal break shall be treated as time worked and the Employee shall be paid at the rateof time plus 50% until such meal break is taken. An Employee appointed in writing as aManager in Training, Assistant Manager or Store Manager may take their meal break atany time during their shift without payment of the penalty prescribed in Clause 15 soas to ensure continuity of work.

15.4 In calculating the casual rate of pay the 50% shall be paid in addition to the loadedcasual rate of pay.

15.5 The meal break mentioned in Subclause 15.1 may be converted to a 15 minute paidbreak subject to:

15.5.1

15.5.2

the shift being no longer than 6 consecutive hours long,

and it is at the express request of the Employee concerned

15.6 An Employee who works 4 hours or more is entitled to a paid 10 minute rest break. AnEmployee who works 8 hours or more is entitled to an additional paid 10 minute restbreak.

16. MEAL MONEY

Any Employee who is required to work overtime for more than two hours on any day,without being notified on the previous day or earlier of the requirement to workovertime, will be supplied with a meal by the Employer or be paid $9.25 meal money.This allowance shall be adjusted by 3.5% a year on the anniversary of this Agreement ineach of2010, 2011 and 2012.

17. CHANGE AND REST ROOMS

The Employer shall provide adequate change and rest rooms where such are reasonablypracticable.

18. UNIFORMS AND LAUNDERING

After the date of operation of this Agreement, new Employees may be required topurchase uniforms. Where an Employee has purchased a uniform the Employer willwithhold an up-front deposit of $12 in the first week and $5.00 per week for the next


four weeks from the new Employee's wages. On termination an Employee may returntheir uniforms to the Employer and receive a $32.00 refund. The uniform will bereturned in a clean condition and the Employer will accept fair wear and tear.

Alternatively, the Employer may deduct the $32.00 from the final pay of an Employeewho has not returned the uniform in a clean condition subject only to fair wear andtear.

19. PROTECTIVE CLOTHING

19.1 Employees who are required to wash dishes, clean toilets or otherwise handledetergents, acids, soaps or any injurious substances shall be supplied, free of charge,with rubber gloves.

19.2 Where Employees are unable to avoid their clothing becoming wet or dirty, theEmployer shall supply them with suitable protective clothing free of charge.

19.3 Where conditions of work are such that Employees are unable to avoid their feetbecoming wet, they shall be supplied by the Employer, free of charge, with suitableprotective footwear.

19.4 All articles supplied shall remain the property of the Employer and shall be returnedwhen required, in good order and condition, fair wear and tear excepted.

19.5 Any dispute in respect to the application of this clause will be dealt with by the disputeresolution clause.

20. EMPLOYEES' EQUIPMENT

All knives, choppers, tools, brushes, towels, and other utensils, implements andmaterial which may be required to be used by the Employee for the purpose of carryingout his or her duties, shall be supplied by the Employer free of charge.

21. LIMITATION OF WORK

21.1 No Employee shall be required to climb ladders or any substitute therefore unlessappropriately attired.

21.2 No Employee shall be required to clean out toilets within the Employer's establishmentunless it has been determined that the toilets are vacant and arrangements are made toensure that the toilets are not in use during the cleaning period.

21.3 Employees required to carry or lift shall do so in accordance with the OccupationalSafety and Health Regulations issued by the respective state and territory OccupationalHealth & Safety laws, regulations and codes of practice.

22. TRAVELLING FACILITIES

22.1 Where an Employee is detained at work until it is too late to travel by the last ordinarybus, train or other regular public conveyance to the Employee's usual place ofresidence, the Employer shall provide proper conveyance free of charge.


22.2 If an Employee is required to start work before the first means of public conveyancedescribed earlier is available to convey the Employee from his or her usual place ofresidence to the place of employment, the Employer shall provide conveyance free ofcharge.

22.3 The provisions of this clause do not apply to an Employee who usually has his or herown means of conveyance.

23. FIRST AID KIT

In each establishment the Employer shall provide and continuously maintain at a placeeasily accessible to all Employees an adequate First Aid Kit.

24. ESCORTS TO CARS

Wherever possible, the Employer shall arrange for an Employee to be safely escorted tohis or her car or other mode of transport, provided that by doing so, no Employee is leftalone in a store.

25. PUBLIC HOLIDAYS

25.1 The following days shall be allowed as paid holidays for full time and part timeEmployees:

Christmas DayBoxing Day (Proclamation Day in SA)New Year's DayAustralia DayLabour DayGood FridayEaster SundayEaster MondayAnzac DaySovereign's BirthdayState Foundation Day (WA)Melbourne Cup Day (VIC, ACT)Newcastle Show Day (Newcastle NSW)Canberra Day (ACT)Adelaide Cup Day (SA)Show Holiday (Qld)Regatta Day (Tas)Darwin Show Day (NT)

25.2 The paid holidays set out above hereof, shall be regarded as falling on the days uponwhich they are proclaimed or gazetted under State Holidays Acts or equivalent.

25.3 Any Employee in Level I or II who works on any of the public holidays prescribed in thisclause shall be paid at the rate of double time, with a minimum payment for two hours.

25.4 Where a full-time or part-time Employee's non work day coincides with any of theholidays prescribed in this clause, the Employee shall receive one day's additional payat ordinary rates from the Employer on the next succeeding payday.

25.5 Work on any public holiday will be voluntary for permanent Employees.


26. ANNUAL LEAVE

Annual leave shall be as per Schedule C, subject to the following subclauses.

26.1 An Employee before going on leave shall be paid the wages that would have been paidin respect of the ordinary time the Employee would have worked had the Employee notbeen on leave during the relevant period.

26.2 During a period of annual leave an Employee shall receive a loading of 17.5 per centcalculated on the Employee's ordinary rate of wage.

26.3 If any public holiday proclaimed as per Subclause 25.1 (Public Holidays) of thisAgreement, falls within an Employee's period of annual leave, there shall be added tothe period of leave one day being an ordinary working day for each holiday proclaimed.

26.4 During any twelve month period of continuous service an Employee whose employmentis terminated shall, be paid their accrued annual leave entitlements in accordance withSchedule C.

26.5 An Employee whose employment terminates after the completion of any qualifyingperiod and who has not been allowed the leave prescribed in this clause in respect ofthat period, shall be paid in lieu of that leave in accordance with the provisions of thisclause.

26.6 Any time in respect of which an Employee is absent from work, except time for whichthe Employee is entitled to claim sick leave, public holidays, annual leave orcompassionate leave as prescribed by this Agreement, shall not count for the purpose ofdetermining his or her right to annual leave.

26.7 In special circumstances, and by mutual consent of the Employee, the Employer andthe Union, annual leave may be taken in not more than two periods, provided thatneither of such periods shall be less than one week.

26.8 Annual leave shall be granted to and taken by the Employee within three months of theday on which it became due, and the Employee shall be given at least two weeks' noticeby the Employer of the date that annual leave will commence.

26.9 Notwithstanding the provisions of this clause, an Employee may elect, with the consentof the Employer, to take annual leave in single day periods not exceeding five days inany calendar year at a time or times agreed between them.

26.10 An Employee and Employer may agree to defer payment of the annual leave loading inrespect of single day absences, until at least 5 consecutive annual leave days are taken.

27. SICK LEAVE

Sick leave is as per Schedule C, subject to the following subclauses.


27.1 Entitlement to payment shall accrue at the rate of 76 hours per year for a full timeEmployee and at the rate of 0.0417 hours for each hour worked by a part timeEmployee.

27.2 Where an Employee has used their entitlement to sick leave the Employee is entitled totake unpaid sick leave in advance and to be paid for that sick leave when the Employeebecomes entitled to further paid sick leave.

27.3 To be entitled to payment in accordance with this clause the Employee shall, as soon asreasonably practicable, advise the Employer of his or her inability to attend for work,the nature of the illness or injury and the estimated duration of the absence. Providedthat such advice, other than in extraordinary circumstances shall be given to theEmployer within 24 hours of the commencement of the absence.

27.4 Illness or injury during annual leave

27.4.1

27.4.2

27.4.3

27.4.4

27.4.5

27.4.6

Subject to Subclause 27.4, an Employee who suffers personal ill health or injuryduring the time when he or she is absent on annual leave may, subject toSchedule C, apply for and the Employer shall grant paid sick leave in place ofpaid annual leave.

If the Employee cannot return to work on the next working day following theannual leave because of the illness or injury the Employee is obliged to advisethe Employer accordingly as prescribed in Subclause 27.3.

Application for replacement of annual leave shall be made within seven days ofresuming work and shall be supported by a medical certificate.

Replacement of paid annual leave by paid sick leave shall not exceed the periodof paid sick leave to which the Employee was entitled at the time he or sheproceeded on annual leave and shall not be made for a fractions of a day.

Where paid sick leave has been granted by the Employer in accordance with theabove provisions, that portion of the annual leave equivalent to the paid sickleave shall be replaced by the paid sick leave and the replaced annual leave maybe taken at another time mutually agreed to by the Employer and the Employee;or

(i) failing agreement, it shall be added to the Employee's next period of leave;or

(ii) paid out if the employment is terminated.

Payment for replaced annual leave shall be at the rate of wage applicable at thetime the leave is subsequently taken. Where an Employee has been paid annualleave loading on their annual leave the Employee cannot claim a further paymentof annual leave loading on the replaced annual leave when they subsequently usethat replaced annual leave .

The provisions of this clause with respect to payment do not apply to Employeeswho are entitled to payment under applicable Workers' Compensation andRehabilitation Legislation.

28. COMPASSIONATE LEAVE (INCLUDING BEREAVEMENT LEAVE)


28.1 The provisions of Schedule C apply.

29. GRIEVANCE PROCEDURE

29.1 Consistent with the objectives, philosophies and intent of this Agreement, the followingprocedure shall be utilised to ensure that all Employee grievances are dealt withappropriately:

29.2 In the first instance, the matter shall, wherever possible, be discussed by the concernedEmployee and their immediate supervisor with the purpose of achieving a satisfactoryoutcome.

29.3 If the grievance or dispute is not resolved in the first instance, the Employee or theEmployee's representative - may refer the matter to the next higher level ofmanagement for discussion. Such discussion should, if possible, take place within 48hours of the request by the Employee or the employee's representative.

29.4 Should the issue remain unresolved, an official from the Union and a seniorrepresentative of the Employer will become involved.

29.5 Either party should not unreasonably delay each stage of the grievance procedure.Should the next level representative of either the Union or Employer not be available formore than 5 working days the matter may be referred to the next level of managementor union for resolution.

29.6 Until the matter is determined, all work shall continue in accordance with the statusquo that existed prior to the matter in dispute arising, or by other agreed arrangementsunless the grievance poses a threat to health or life of the Employee concerned or otherEmployees. No party shall be prejudiced as to the final settlement by the continuanceor deferment of the work in accordance with this subclause.

29.7 If the matter still remains unresolved following the above procedure, either party mayrefer it to Fair Work Australia for conciliation and/or arbitration. Where this happensand an Employee has been suspended on pay the Union and the Employer must agreeon the action to be taken with regards to the suspension.

29.8 An Employee will be given an opportunity to have a union delegate/official presentduring any counselling or dispute resolution meeting.

29.9 An Employee may be suspended from work on full pay while the grievance or dispute isbeing resolved.

30. CONTRACT OF EMPLOYMENT

30.1 An Employee will be engaged as a full time, part time or casual Employee and will beadvised in writing of the status she/he is employed at the time of hiring.

SDA - Domino's Pizza Agreement 2009 (AV Staff Pty Ltd) 15

30.2 An Employee will present themselves for work in a clean, neat and tidy manner to thestandards set out in the Domino's Pizza "New Employees' Orientation" handbook. Theywill not be late for the commencement of their shift. The Employer must provide theNew Employees' Orientation handbook to all new Employees.

31. TERMINATION OF EMPLOYMENT

31.1 Permanent Employees

31.1.1 Should the Employer wish to terminate a permanent Employee, the Employershall give the Employee written notice of the day of termination and, the followingperiod of notice shall be provided:

Period of Continuous Service

Not more than 3 monthsMore than 3 months but not more than 1 yearMore than 1 year but not more than 3 yearsMore than 3 years but not more than 5 yearsMore than 5 years

Period of Notice

1 week1 week2 weeks3 weeks4 weeks

31.1.2

31.1.3

31.1.4

31.1.5

31.1.6

Employees over 45 years of age with 2 or more years' continuous service at thetime of termination, shall receive an additional week's notice.

Where the relevant notice is not provided, the Employee shall be entitled topayment in lieu. Provided that employment may be terminated by part of theperiod of notice and part payment in lieu.

Payment in lieu of notice shall be calculated using the Employee's weeklyordinary time earnings.

The period of notice in this clause shall not apply in the case of dismissal forconduct that justifies instant dismissal, including refusal or neglect to obeyinstructions or for misconduct or if after receiving notice of termination suchEmployee does not carry out his or her duties in the same manner as he or shedid prior to such notice.

Notice of termination by Employee

1 week's written notice shall be necessary for an Employee to terminate his orher engagement or the forfeiture of 1 week's pay by the Employee to theEmployer in lieu of notice not given.

31.2 Casual Employees

The giving or receiving of 1 hour's notice may terminate the employment of a casualEmployee.

31.3 Grievance Procedures

In the event of a dispute arising from the operation of this clause, the matter shall bedealt with in accordance with the provisions of Clause 29 (Grievance Procedure) of thisAgreement.

32. PAYMENT OF WAGES


32.1 The Employer may elect to pay Employees in cash, by cheque or by means of electronicfunds transfer to a financial institution in the name of the Employee. The day that thefunds transfer is lodged at the bank shall be deemed to be the date of payment.

32.2 Payment shall be made within three days of the last day of the pay period. Payment tothe Employee by cash or cheque shall be made during the Employee's ordinary workinghours.

32.3 No change shall be made to the method or frequency of payment to Employees withoutfirst giving those Employees and the union at least four weeks' notice of the change.

32.4 Employees whose day off falls on pay day and who are paid by cash or cheque, shall bepaid their wages upon written request from the Employee to the Employer, prior to theEmployee taking the day off.

32.5 An Employee who lawfully terminates employment or is dismissed, shall be paid allwages due to the Employee by the Employer on the day of termination of employment,or within twenty four hours following such termination.

32.6 At the time of being paid each Employee shall be issued with a statement by theEmployer showing the gross wages and allowances and all deductions made.

32.7 The Employer may elect to pay Employees weekly or fortnightly in accordance with thisClause 32.

32.8 An Employer who wishes to introduce a fortnightly pay system shall pay an additionalweek's wages in the last weekly pay before the change to fortnightly pays to be repaidby equal fortnightly deductions made from the next and subsequent pays over the next10 weeks.

33. SUPERANNUATION

33.1 The provisions of this clause shall be read in conjunction with and shall complementthe provisions of the Superannuation Guarantee (Administration) Act 1992 (Cth).

33.2 Defmitions.

33.2.1

33.2.2

33.2.3

"Fund" shall mean the Retail Employees Superannuation Trust (REST) or suchother "Approved Superannuation Fund" as may be provided for by the Employer.Preference will be given to REST.

"Ordinary Time Earnings" shall mean the base classification rate, plus additionalrates such as, in charge rates, shift penalties and (if any) over agreementpayments, together with any other all purpose allowance or penalty payment forwork in ordinary time and shall include in respect to casual Employees theappropriate casual loadings as prescribed by this Agreement. It shall excludeany payment for overtime worked.

"Employees' shall mean Employees whose employment IS regulated by thisAgreement.


33.2.4

33.2.5

"Trustee" - shall mean the Trustee of the fund.

"Approved Superannuation Fund"- shall mean a superannuation fund whichcomplies with the Occupational Superannuation Standards Act 1987 (Cth) or anyAct that may replace it.

33.3 Quantum

33.3.1

33.3.2

Each Employer bound by this Agreement shall make application to participate inthe Fund and must contribute to the Fund in respect of all eligible Employees anamount equal to the percentage as set out below, of each Employee's weeklyordinary time earnings.

The minimum percentage applicable to the Employer shall be as set down in theprovisions of the Superannuation Guarantee (Administration) Act 1992 (Cth).

33.4 Cessation of Contributions

The obligation of the Employer to contribute to the Fund in respect of an Employeeshall cease on the last day of the Employee's employment with the Employer.


33.5 Eligibility

The Employer shall be required to make contributions accordance with this clause inrespect of each Employee except where:

33.5.1

33.5.2

an Employee earns less than $450.00 in any calendar month, or

an Employee who is aged less than 18 years of age and works 30 hours or lessper week.

33.6 Employee contributions

Employees who may wish to make contributions to the Fund, additional to those beingmade by the Employer pursuant to Subclause 33.3, hereof, shall be entitled toauthorise the Employer to pay into the Fund from the Employee's wages amountsspecified by the Employee. Employee contributions to the Fund requested under thissubclause shall be made in accordance with the rules of the Fund.

Frequency of PaymentThe Employer shall pay contributions together with Employee's deductions to the Fundin the following manner:

33.6.1

33.6.2

In respect of full time and part time Employees payments shall be made monthlyfor pay periods completed in the month, and

In respect of casual Employees payments shall be made monthly for pay periodscompleted every three months.

Provided that payments may be made at other times and in such other manneras agreed in writing between the Trustees of the Fund and the Employer.

34. LONG SERVICE LEAVE

34.1 The Long Service Leave provistons of each State and Territory's Industrial Laws arehereby incorporated and shall be deemed to be part of this Agreement.

34.2 At the Employee's request, long service leave may be taken at double leave at half pay.

35. PARENTAL LEAVE

Parental leave is as per Schedule C and the additional subclause below.

35.1 In the case of a multiple birth, a male Employee will be entitled to take up to onemonth's paternity leave at the time of the birth.

36. PRE NATAL LEAVE

Up to 24 hours' unpaid leave will be available to pregnant Employees and theirpartners, to attend medical appointments associated with the pregnancy.

37. LEAVE OF ABSENCE


Employees who are permitted to take an approved period of unpaid leave of up to threemonths' duration, will not have their continuity of service broken by virtue of the leavebut such leave shall not count as service for leave accrual purposes.

38. DEFENCE FORCE SERVICES LEAVE

38.1 A full-time or part-time Employee will be allowed leave of up to 2 weeks maximum percalendar year to attend to Defence Forces Reserve approved training camps.

38.2 During such leave, Employees will be paid an amount equal to the difference betweenthe payment received in respect of their attendance at the camp and the amount ofordinary time earnings they would have received had they worked during that period.

38.3 The Employee must provide proof of attendance and payment received for the timespent in training.

38.4 An Employee seeking to take such leave must provide at least one month's prior notice.

39. COMMUNITY SERVICE LEAVE

Community service leave is as per Schedule C but is also subject to the followingadditional subclauses.

39.1 Full time and part time Employees involved in recognised voluntary services includingSES and fire fighting services shall be entitled to paid time off at ordinary time rates toattend to emergency situations.

39.2 It shall be the responsibility of the Employee to keep the Employer informed about thetime off needed to attend to emergency duties.

39.3 To receive payment, an Employee must provide proof of attendance at the emergencysituation.

39.4 Paid time off for attendance at emergencies in the local area will not be unreasonablyrestricted nor accessed.

39.5 Paid time off for emergencies that are not local will be limited to two days but may beincreased depending upon the nature of the emergency.

40. BLOOD DONOR LEAVE

40.1 A full time or part time Employee who is absent during ordinary working hours for thepurpose of donating blood, will not suffer any deduction of pay, including anyallowances and penalty payments the Employee would have received had they been atwork, up to a maximum of two hours on each occasion and subject to a maximum offour separate absences each calendar year.

40.2 An Employee must attempt to donate blood outside working time. If that is not possible,the Employee must arrange for such leave to be taken on a day suitable to the Managerand be as close as possible to the beginning or end of the ordinary working hours.


40.3 The Employee must first provide proof of attendance, and of the duration, to thesatisfaction of the Manager.

40.4 The Employee must notify his or her Manager as soon as possible, of the date and timeupon which they are requesting to take such leave.

41. NATURAL DISASTER LEAVE

41.1 Where a yellow alert is announced for cyclones, flooding, earthquake or bush fires,Employees with children will be allowed to leave work to care for their children senthome from school. Time away from work is unpaid and will only apply during theschool term.

41.2 An Employee is entitled to up to 2 days' paid leave if there is a reasonable and justifiedreason that an Employee is unable to attend work due to a natural disaster.

42. CARER'S LEAVE

Carer's Leave is as per Schedule C, but subject to the following additional subclauses.

42.1 The Employee shall, wherever practicable, give the Employer notice prior to the absenceof the intention to take leave, the name of the person requiring care and theirrelationship to the Employee, the reasons for taking such leave and the estimatedlength of absence. If it is not practicable for the Employee to give prior notice ofabsence, the Employee shall notify the Employer by telephone of such absence at thefirst opportunity on the day of absence.

42.2 Unpaid Leave for Family Purposes

An Employee may elect, with the consent of the Employer, to take unpaid leave for thepurpose of providing care to a family member who is ill.

42.1 Grievance Procedure

In the event of any dispute arising in connection with any part of this clause, such adispute shall be processed in accordance with the dispute settling provisions of thisAgreement.

43. BONE MARROW DONOR LEAVE

43.1 An Employee who is absent during ordinary working hours for the purpose of donatingbone marrow, or for the purpose of undertaking a blood test as part of the process ofbecoming a registered bone marrow donor, will not suffer any deduction of pay up to amaximum of:

43.1.1

43.1.2

2 hours on not more than two occasions per year for the purpose of blood testingas part of the process of becoming a registered bone marrow donor; and

three days on any occasion that a bone marrow donation is given.

43.2 In relation to blood testing as part of the process of becoming a registered bone marrowdonor the Employee must arrange for the absence from work to be on a day suitable to


the Employer and the absence must be as close as possible to the beginning or end ofthe Employee's ordinary working hours.

43.3 In relation to bone marrow donations the Employee must provide the Employer with asmuch notice as is possible of requested bone marrow donation.

43.4 So far as is possible the Employee must make arrangements for a bone marrowdonation so as to minimise the absence from work.

43.5 Proof of attendance of the Employee at either blood test or bone marrow donation andthe duration of respectively the blood test or the bone marrow donation must beprovided to the Employer.

44. OCCUPATIONAL HEALTH AND SAFETY

44.1 Objective

The Employer, Employees and the Shop Distributive and Allied Employees' Associationare committed to achieving and maintaining healthy and safe working conditions in allEmployer workplaces. This goal can best be achieved by developing a comprehensiveapproach to managing health and safety with joint involvement of management,Employees, their elected Occupational Health and Safety Representatives and theirunion.

This approach will have the following objectives:

44.1.1

44.1.2

44.1.3

to control workplace hazards at their source,

to reduce the incidence and costs of occupational injury and disease,

to provide a rehabilitation system for workers affected by occupational injury orillness.

44.2 Consultation

To ensure the effective elimination, minimising and management of risks ill theworkplace the following consultative mechanisms will need to be addressed.

44.2.1

44.2.2

44.2.3

The election of Health and Safety Representatives.

The establishment of an Occupational Health and Safety Committee with equalrepresentation of management and workers.

Establishment of consultative procedures for the resolution of occupationalhealth and safety issues.

44.3 Training

44.3.1

44.3.2

Occupational Health and safety representatives will be given paid leave to attendtrade union approved occupational health and safety courses to a maximum of 5days per annum.

The Employer will provide induction and on the job training to all Employees onEmployer occupational health and safety policy, particular hazards associated


with the job, control measures applicable to each hazard and procedures forcontrolling and preventing hazards in the workplace.

44.4 Occupational Health and Safety Program

44.4.1

44.4.2

44.4.3

The Employer will collect, collate and analyse statistics on the incidence ofinjury/illness in the workplace.

The Employer will conduct regular workplace inspections to identify hazards andmonitor compliance with all regulatory standards. These will be carried out withthe involvement of Occupational Health and Safety Representatives andcommittees.

The Employer will take prompt action to deal with any health and safetyproblems.

44.5 Application of State Laws

Nothing in this clause must operate to remove, lessen, diminish, ameliorate orotherwise affect in any way whatsoever:

44.5.1

44.5.2

44.5.3

an Employer's or Employee's obligations and duties under any applicable lawrelating to workplace health and safety; or

the rights and duties or any persons or authority who has any power relating tothe monitoring, implementation, inspection, enforcement or prosecution of anymatter arising under such laws; or

the operation and application of such laws.

45. INTRODUCTION OF CHANGE

45.1 Employer's Duty to Notify

45.1.1

45.1.2

Where the Employer has made a decision to introduce major changes inproduction, program, organisation, structure or technology that are likely to havesignificant effects on Employees, the Employer shall notify both the Employeeswho may be affected by the proposed changes and the Union.

"Significant effects" include termination of employment, major changes in thecomposition, operation or size of the workforce or in the skills required, theelimination or diminution of job opportunities, promotion opportunities or jobtenure, the alteration of hours of work, the need for retraining or transfer ofEmployees to other work or locations and the restructuring of jobs.

45.2 Employer's Duty to Discuss Change

45.2.1 The Employer shall discuss with the Employees affected and the Union inter alia,the introduction of the changes referred to above, the effects the changes arelikely to have on Employees, measures to avert or mitigate the adverse effects ofsuch changes on Employees and shall give prompt consideration to mattersraised by the Employees and/or the Union in relation to the changes.


45.2.2

45.2.3

The discussions shall commence as early as practicable after a definite decisionhas been made by the Employer to implement the changes referred to above.

For the purposes of such discussions, the Employer shall provide in writing tothe Employees concerned and the Union, all relevant information about thechanges including the nature of the changes proposed, the expected effects of thechanges on Employees and any other matters likely to affect Employees providedthat the Employer shall not be required to disclose confidential information thedisclosure of which would be detrimental to the Employer's interests.

46. REDUNDANCY

46.1 Discussions Before Terminations

46.1.1

46.1.2

46.1.3

46.1.4

Where the Employer has made a defmite decision that the Employer no longerwishes the job the Employee has been doing to be done by anyone and this is notdue to the ordinary and customary turnover of labour the decision may lead totermination of employment. In such circumstances, the Employer shall holddiscussions with the Employees directly affected and with the Union.

The discussions shall take place as soon as is practicable and shall coveramongst other matters the reasons the proposed terminations are required,measures to avoid or minimise the terminations and measures to mitigate anyadverse effects of any terminations on the Employees concerned.

For the purposes of the discussion the Employer shall, as soon as practicable,provide in writing to the Employees concerned and the Union, all relevantinformation about the proposed terminations including the reasons for theproposed terminations, the number and categories of Employees likely to beaffected, and the number of workers normally employed and the period overwhich the terminations are likely to be carried out.

Provided that the Employer shall not be required to disclose confidentialinformation the disclosure of which would be detrimental to the Employer'sinterests.

46.2 Transfer to lower paid duties

Where an Employee is transferred to lower paid duties for reasons set out immediatelyabove, the Employee shall be entitled to the same period of notice of transfer as theywould have been entitled to if they had been terminated. And, the Employer may makepayment in lieu thereof of an amount equal to the difference between the formerordinary time rate of pay and the new lower ordinary time rates for the number ofweeks of notice still owing.

46.3 Severance Pay

In addition to the period of notice provided in Clause 31 (Termination of Employment) apermanent Employee whose employment is terminated for reasons set out above shallbe entitled to the following amount of severance pay in respect of a continuous period ofservice:


Period of continuous service

Less than 1 year1 year but less than 2 years2 years but less than 3 years3 years but less than 4 years4 years but less than 5 years5 years but less than 6 years6 years and more

Severance PayAged under 45

Nil4 weeks'pay7 weeks'pay10 weeks' pay12 weeks' pay14 weeks' pay16 weeks' pay

Severance PayAged over 45

Nil5 weeks'pay8.75 weeks' pay12.5 weeks' pay15 weeks' pay17.5 weeks' pay20 weeks' pay

"Weeks' pay" means the ordinary time rate of pay for the Employee concerned.

Provided that the severance payments shall not exceed the amount which the Employeewould have earned if employment with the Employer had proceeded to the Employee'snormal retirement date.

46.4 Employee Leaving During Notice

An Employee whose employment is terminated for reasons set out in Subclause 46.1,may terminate his or her employment during the period of notice and, if so, shall beentitled to the same benefits and payments under this clause had she/he remainedwith the Employer until the expiry of such notice. Provided that in such circumstancesthe Employee shall not be entitled to payment in lieu of notice.

46.5 Alternative Employment

The Employer in a particular redundancy case may make application to the Fair WorkAustralia to have the severance pay prescriptions varied if the Employer obtainsacceptable alternative employment for an Employee.

46.6 Time Off During Notice Period

46.6.1

46.6.2

During the period of notice of termination given by the Employer, an Employeeshall be allowed up to one day's time off without loss of pay during each week ofnotice for the purpose of seeking other employment.

If the Employee has been allowed paid leave for more than one day during thenotice period for the purpose of seeking other employment, the Employee shall,at the request of the Employer, be required to produce proof of attendance at aninterview or they shall not receive payment for the time absent. For this purposea statutory declaration will be sufficient.

46.7 Transmission of Business

46.7.1 Where a business is before or after the date of this Agreement, transmitted fromone Employer (in this subclause called "the transmittor") to another Employer (inthis subclause called "the transmittee") and an Employee who at the time of suchtransmission was an Employee of the transmitter in that business becomes anEmployee of the transmittee:

(i) The continuity of the employment of the Employee shall be deemed not tohave been broken by reason of such transmission;

and


(ii) The period of employment which the Employee has had with the transmitteror any prior transmitter shall be deemed to be service of the Employee withthe transmittee.

(iii) In this subclause "business" includes trade, process, business oroccupation and includes part of any such business and "transmission ofbusiness" includes transfer, conveyance, assignment or succession whetherby agreement or by operation of law and "transmitted" has a correspondingmeaning.

46.8 Employees with Less Than One Year's Service

This clause shall not apply to Employees with less than one year's, continuous serviceand the general obligation on the Employer should be no more than to give relevantEmployees an indication of the impending redundancy at the first reasonableopportunity, and to take such steps as may be reasonable to facilitate the obtaining bythe Employees of suitable alternative employment.

46.9 Employees Exempted

This clause shall not apply where employment is terminated as a consequence ofconduct that justifies instant dismissal, including malingering, inefficiency or neglect ofduty. In the case of casual Employees, or Employees engaged for a specific period oftime or for a specified task or tasks or where the termination is due to the ordinary andcustomary turnover of labour.

47. SUPPORTED WAGES

47.1 This clause defines the conditions that will apply to Employees who because effects of adisability are eligible for a supported wage under the terms of this Agreement. In thecontext of this clause, the following defmitions will apply:

47.1.1

47.1.2

47.1.3

47.1.4

"Supported Wage System" means the Commonwealth Government system topromote employment for people who cannot work at full Agreement wagesbecause of a disability, as documented in "[Supported Wage System Handbook.

"Accredited Assessor" means a person accredited by the management unitestablished by the Commonwealth under the Supported Wage System to performassessments of an individual's productive capacity within the Supported WageSystem.

"Disability Support Pension" means the Commonwealth pension scheme toprovide income security for persons with a disability as provided under the SocialSecurity Act 1991 (Cth), as amended from time to time, or any successor to thatscheme.

"Assessment Instrument" means the form provided for under the SupportedWage System that records the assessment of the productive capacity of theperson to be employed under the Supported Wage System.

47.2 Eligibility Criteria

47.2.1 This clause covers Employees who are unable to perform the range of duties tothe competence level required within the class of work for which the Employee isengaged under this Agreement, because of the effects of a disability on their


47.2.2

productive capacity and who meet the impairment criteria for receipt of aDisability Support Pension.

(The clause does not apply to any existing Employee who has a claim against theEmployer which is subject to the provisions of workers' compensation legislationor any provision of this Agreement relating to the rehabilitation of Employeeswho are injured in the course of their current employment).

The Agreement does not apply to Employers in respect of their facility, program,undertaking, service or the like which receives funding under the DisabilityServices Act 1986 (Cth) and fulfils the dual role of service provider and shelteredEmployer to people with disabilities who are In receipt of or are eligible for adisability support pension, except with respect to an organisation which hasreceived recognition under the Act, or if a part only has received recognition forthat part.

47.3 Supported Wage Rates

Employees to whom this clause applies shall be paid the applicable percentage of theminimum rate of pay prescribed by this Agreement for the class of work which theperson is performing according to the following schedule:

Assessed Capacity % Of Prescribed Agreement Rate (Subclause 4.l(iv)

10%* 10%20% 20%30% 30%40% 40%50% 50%60% 60%70% 70%80% 80%90% 90%

(Provided that the minimum amount payable shall not be less than $71.00 per week).

* Where a person's assessed capacity is 10 per cent, they shall receive a highdegree of assistance and support.

47.4 Assessment of Capacity

For the purpose of establishing the percentage of the Agreement rate to be capacity ofthe Employee will be assessed in accordance with the Supported Wage System anddocumented in an assessment instrument by either:

47.4.1

47.4.2

the Employer and the Union, in consultation with the Employee or, if desired byany of these,

the Employer and an accredited assessor from a panel agreed by the parties tothe Agreement and the Employee.

47.5 Lodgement of Assessment Instrument

47.5.1 All assessment instruments under the conditions of this clause, including theappropriate percentage of the Agreement wage to be paid to the Employee, shallbe lodged by the Employer with the Registrar of the Industrial RelationsCommission.


47.5.2 All assessment instruments shall be agreed and signed by the parties to theassessment, provided that where a Union which is party to the Agreement, is nota party to the assessment, the assessment be referred by the Registrar to theUnion by certified mail and shall take effect unless an objection is notified to theRegistrar within ten working days.

47.6 Review of Assessment

The assessment of the applicable percentage should be subject to annual review orearlier on the basis of a reasonable request for such a review. The process of reviewshall be in accordance with the procedures for assessing capacity under the SupportedWage System.

47.7 Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wagerate only. Employees covered by the provisions of the clause will be entitled to thesame terms and conditions of employment as other workers covered by this Agreementpaid on a pro-rata basis.

47.8 Workplace Adjustment

An Employer wishing to employ an Employee under the provisions of this clause shalltake reasonable steps to make changes in the workplace to enhance the Employee'scapacity to carry out the duties. Changes may involve redesign of job duties, hours ofwork and work organisation in consultation with other workers in the area.

47.9 Trial Period

47.9.1

47.9.2

47.9.3

47.9.4

In order for an adequate assessment of an Employee's capacity to be made, anEmployer may employ a person under the provisions of this clause for a trialperiod not exceeding 12 weeks, except that in some cases additional workadjustment time (not exceeding four weeks) may be needed.

During the trial period the assessment of capacity shall be undertaken and theproposed wage rate for a continuing employment relationship shall bedetermined.

The minimum amount payable to the Employee during the trial period shall beno less than $71.00 per week.

Work trials should include induction or training as appropriate to the solutionbeing trialed.

48. RECORDS

The Employer shall maintain all records as required by the Fair Work Act 2009 (Cth)and any Regulations made in accordance with that Act.

49. UNION RECOGNITION AND MEMBERSHIP

49.1 For the duration of this Agreement the Employer recognises that Employees who arecovered by this Agreement may be represented by the SDA. This representation mayextend to all terms and conditions of employment whether fixed terms are subject tothis Agreement or not


49.2 It is the policy of the Employer that it shall recommend that all its Employees subject tothis Agreement shall join the SDA. Accordingly, the Employer undertakes to positivelypromote union membership, both to existing Employees and at the point of recruitmentin the case of new Employees, by recommending that all Employees join the SDA

49.3 All existing Employees and all new Employees at the point of recruitment shall be givenan application form to join the SDA with any appropriate literature provided by theSDA.

49.4 The Employer undertakes upon authorisation by an Employee to deduct unionmembership dues, as levied by the SDA in'accordance with its rules, from the pay ofEmployees who are members of the SDA and who, sign a deduction authority. Suchmonies shall be forwarded to the SDA at the beginning of each month together with allnecessary information to enable the reconciliation and crediting all subscriptions tomembers

49.5 In an effort to promote a positive industrial relations climate, the Employer and theSDA shall meet on a quarterly basis to review issues affecting the matters covered bythis agreement and other issues affecting the Employer and SDA membership.

49.6 The Employers shall make available the Union video at all New Employees' Orientationclasses and in all stores.

50. UNION VISITS

50.1 On notifying the Employer or its representative an accredited representative of theUnion is entitled to meet a worker during non peak times or the meal period or to viewany work on the business premises of the Employer, but shall not interfere in any waywith the carrying out of such work.

51. POSTING OF AGREEMENT AND UNION NOTICES

51.1 The Employers shall exhibit a copy of this Agreement, on the business premises of eachestablishment in a place where each Employee may conveniently and readily view it.

51.2 The Branch Secretary of the SDA, or any other duly accredited representative of theSDA, shall be permitted to post notices relating to SDA business in a place where eachEmployee may conveniently and readily view them.

52. NO REDUCTION

No Employee shall be disadvantaged as a result of the registration of this Agreementproviding that their working arrangements remain unchanged.

53. SAVINGS

53.1 No existing Employee is to have their existing rates reduced because of the operation ofthis agreement.

53.2 An existing Employee on a higher rate must not be replaced by an Employee receiving alower rate of pay. Any dispute as to the operation of this provision must be processed inaccordance with the Grievance Procedure.


54. SUPERSESSION OF AGREEMENT OR AGREEMENTS

This Agreement shall apply to the exclusion of all other Agreements or Agreementssubject to minimum classification rates in the applicable Modern Award.

55. RE-NEGOTIATION OF AGREEMENT

The Employer and the Union must meet six months prior to the expiration of thisAgreement to commence negotiations for a replacement Agreement. If the pay ratescontained within this Agreement are greater than those contained in the relevantAward, then the conditions of this Agreement will continue to apply to the affectedEmployees, until the rates of pay contained within the relevant Award become greater.

56. ANTI-DISCRIMINATION

56.1 It is the intention of the respondents to this Agreement to achieve the principal objectset out in the Fair Work Act 2009 (Cth) by helping to prevent and eliminatediscrimination on the basis of race, colour, sex, sexual preference, age, physical ormental disability, marital status, family responsibilities, pregnancy, religion, politicalopinion, national extraction or social origin.

56.2 Accordingly, in fulfilling their obligations under the Grievance Procedure, the respectiveEmployers must make every endeavour to ensure that neither the Agreement provisionsnor their operation are directly or indirectly discriminatory in their effects.

56.3 Nothing in this clause is to be taken to affect;

56.3.1

56.3.2

Any different treatment (or treatment having different effects) which is specificallyexempted under the Commonwealth and/or State anti-discrimination legislationand/or the Fair Work Act 2009 (Cth); or

An Employee, Employer or registered organization, pursuing matters ofdiscrimination in any state or federal jurisdiction, including by application to theHuman Rights and Equal Opportunity Commission.


SENT BY: 0755620233; 23-DEC-09 19:55; PAGE 5

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SDA- Domino's Pizza Agreement 2009 (AV Staff Pty Ltd)

Schedule A

32

Schedule B

Applicable Wage Rates

1. TO APPLY FROM THE FIRST PAY PERIOD ON OR AFTER THE DATE OFAPPROVAL OF THE AGREEMENT BY EMPLOYEES

A. Permanent Employees

Victoria/New South Wales/South Australia/Tasmania/Northern Territory/AustralianCapital Territory

Level I 649.30 17.09 17.09 13.67 11.96 10.25 8.54 8.54(98%)

Level II 662.55 17.44 17.44 13.95 12.20 10.46 8.72 8.72(100%)

Level III 728.81 19.18 19.18 15.34 13.43 11.51 9.59 9.59(110%)

Western Australia

Levell

Level II

Level III

Queensland

592.60 15.59 15.59 12.48 10.92 9.36 7.80

609.90 16.05 16.05 12.84 11.24 9.63 8.03

644.50 16.96 16.96 13.57 11.87 10.18 8.48

7.80

8.03

8.48

Levell

Level II

Level III

547.71 14.41 14.41 12.25 10.81 9.37 7.93

574.20 15.11 15.11 12.84 11.33 9.82 8.31

594.53 15.65 15.65 13.30 11.73 10.17 8.61

7.93

8.31

8.61


B. Casual Employees


Levell 20.50 20.50 16.40 14.35 12.30 10.25 10.25(98%)

Level II 20.92 20.92 16.74 14.65 12.55 10.46 10.46(100%)

Level III 23.01 23.01 18.41 16.11 13.81 11.51 11.51(110%)

Western Australia

Level I

Level II

Level III

Queensland

18.71 18.71 14.97 13.10 11.23 9.36 9.36

19.26 19.26 15.41 13.48 11.56 9.63 9.63

20.35 20.35 16.28 14.25 12.21 10.18 10.18

Level I

Level II

Level III

17.73 17.73 15.07 13.30 11.52 9.75 9.75

18.59 18.59 15.80 13.94 12.08 10.22 10.22

19.24 19.24 16.36 14.43 12.51 10.58 10.58


2. TO APPLY FROM 1 JULY 2010

In addition to the rates below, the Safety Net adjustment as determined by theMinimum Wage Panel of Fair Work Australia will be paid. For Employees in Victoria,New South Wales, South Australia, Tasmania, Northern Territory and the AustralianCapital Territory, the Safety Net adjustment shall be applied so as to maintain therelativities that are expressly identified in the table below. More specifically, the fulldollar amount of the Safety Net adjustment will be paid to Level II, with Level I toreceive 98% of that amount and Level III to receive 110% of that amount. ForQueensland and Western Australia, the full dollar amount of the Safety Net adjustmentshall be applied to each Level of Employee.

A. Permanent Employees


Level I 649.30 17.09 17.09 13.67 11.96 10.25 8.54 8.54(98%)

Level II 662.55 17.44 17.44 13.95 12.20 10.46 8.72 8.72(100%)

Level III 728.81 19.18 19.18 15.34 13.43 11.51 9.59 9.59(110%)

Western Australia

Levell

Level II

Level III

Queensland

594.08 15.63 15.63 12.51 10.94 9.38 7.82

615.44 16.20 16.20 12.96 11.34 9.72 8.10

645.20 16.98 16.98 13.58 11.89 10.19 8.49

7.82

8.10

8.49

Level I 558.17 14.69 14.69 12.49 11.02 9.55 8.08 8.08

Level II

Level III

586.88 15.44 15.44 13.13 11.58 10.04 8.49

606.82 15.97 15.97 13.57 11.98 10.38 8.78

8.49

8.78


B. Casual Employees


The casual loading for each of these States and Territories is as follows:

1 July 2010 - 21 % (the table below includes this loading)1 July 2011 - 22%1 July 2012 - 23%

Levell 20.68 20.68 16.54 14.47 12.41 10.34 10.34(98%)

Level II 21.10 21.10 16.88 14.77 12.66 10.55 10.55(100%)

Level III 23.21 23.21 18.57 16.24 13.92 11.60 11.60(110%)

Western Australia

The casual loading for this State is as follows:

1 July 2010 - 21 % (the table below includes this loading)1 July 2011 - 22%1 July 2012 - 23%

Levell

Level II

Level III

18.92 18.92 15.13 13.24 11.35 9.46 9.46

19.60 19.60 15.68 13.72 11.76 9.80 9.80

20.54 20.54 16.44 14.38 12.33 10.27 10.27


Queensland

The casual loading for this State is as follows:

1 July 2010 - 23.4% (the table below includes this loading)1 July 2011 - 23.8%1 July 2012 - 24.2%

Level I

Level II

Level III

18.13 18.13 15.41 13.59 11.78 9.97 9.97

19.06 19.06 16.20 14.29 12.39 10.48 10.48

19.71 19.71 16.75 14.78 12.81 10.84 10.84


Schedule C

NOTES

(1) THIS SCHEDULE C REPRESENTS EXTRACTS FROM THE NATIONALEMPLOYMENT STANDARDS (NES) FROM SECTIONS 59-131 OF THE FAIR WORK

ACT 2009 (CTH) (THE "ACT")

(2) NOTHING IN THE AGREEMENT PROPER IS INTENDED TO DISPLACE AMINIUMUM STANDARD UNDER SCHEDULE C BUT IF SO THEN THE MINIMUM

STANDARD APPLIES TO THE EXTENT OF THE DISPLACEMENT

(3) ANY OTHER MINIMUM STANDARD PROVIDED FOR BY THE NES IN OTHERSECTIONS OF THE ACT SHALL APPLY

Part 2-2 - The National Employment Standards

Division 1 - Introduction

59 Guide to this Part

This Part contains the National Employment Standards.

Division 2 identifies the National Employment Standards, the detail of which is set out in Divisions 3 to 12.

Division 13 contains miscellaneous provisions relating to the National Employment Standards.

The National Employment Standards are minimum standards that apply to the employment ofnationalsystem employees. Part 2-1 (which deals with the core provisions for this Chapter) contains the obligation foremployers to comply with the National Employment Standards (see section 44).

The National Employment Standards also underpin what can be included in modem awards and enterpriseagreements. Part 2-1 provides that the National Employment Standards cannot be excluded by modemawards or enterprise agreements, and contains other provisions about the interaction between the NationalEmployment Standards and modem awards or enterprise agreements (see sections 55 and 56).

Divisions 2 and 3 ofPart 6-3 extend the operation ofthe parenta11eave and notice oftennination provisionsof the National Employment Standards to employees who are not national system employees.

60 Meanings of employee and employer

In this Part, employee means a national system employee, and employer means a nationalsystem employer.

Division 2 - The National Employment Standards

61 The National Employment Standards are minimum standards applying to employment ofemployees

(1) This Part sets minimum standards that apply to the employment of employees whichcannot be displaced, even if an enterprise agreement includes terms of the kind referredto in subsection 55(5).


Note: Subsection 55(5) allows enterprise agreements to include terms that have the same (or substantially the same) effect asprovisions of the National Employment Standards.


(2) The minimum standards relate to the following matters:

(a) maximum weekly hours (Division 3);(b) requests for flexible working arrangements (Division 4);(c) parental leave and related entitlements (Division 5);(d) annual leave (Division 6);(e) personal/carer's leave and compassionate leave (Division 7);(f) community service leave (Division 8);(g) long service leave (Division 9);(h) public holidays (Division 10);(i) notice of termination and redundancy pay (Division 11);G) Fair Work Information Statement (Division 12).

(3) Divisions 3 to 12 constitute the National Employment Standards.

Division 3-Maximum weekly hours

62 Maximum weekly hours

Maximum weekly hours ofwork

(1) An employer must not request or require an employee to work more than the followingnumber of hours in a week unless the additional hours are reasonable:

(a) for a full-time employee - 38 hours; or(b) for an employee who is not a full-time employee - the lesser of:

(i) 38 hours; and(ii) the employee's ordinary hours ofwork in a week.

Employee may refuse to work unreasonable additional hours

(2) The employee may refuse to work additional hours (beyond those referred to in paragraph(l)(a) or (b)) if they are unreasonable.

Determining whether additional hours are reasonable

(3) In determining whether additional hours are reasonable or unreasonable for thepurposes of subsections (1) and (2), the following must be taken into account:

(a) any risk to employee health and safety from working the additional hours;(b) the employee's personal circumstances, including family responsibilities;(c) the needs of the workplace or enterprise in which the employee is employed;(d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation

for, or a level of remuneration that reflects an expectation of, working additional hours;(e) any notice given by the employer of any request or requirement to work the additional hours;(f) any notice given by the employee ofhis or her intention to refuse to work the additional hours;(g) the usual patterns of work in the industry, or the part of an industry, in which the employee works;


(h) the nature of the employee's role, and the employee's level of responsibility;(i) whether the additional hours are in accordance with averaging terms included under section 63 in a

modem award or enterprise agreement that applies to the employee, or with an averaging arrangementagreed to by the employer and employee under section 64;

(j) any other relevant matter.

Authorised leave or absence treated as hours worked

(4) For the purposes of subsection (1), the hours an employee works in a week are taken toinclude any hours of leave, or absence, whether paid or unpaid, that the employee takesin the week and that are authorised:

(a) by the employee's employer; or(b) by or under a term or condition of the employee's employment; or(c) by or under a law of the Commonwealth, a State or a Territory, or an instrument in force under such a

law.

63 Modern awards and enterprise agreements may provide for averaging of hours of work

A modern award or enterprise agreement may include terms providing for the averaging ofhours of work over a specified period. The average weekly hours over the period must notexceed: .



Note: Hours in excess of the hours referred to in paragraph (a) or (b) that are worked in a week in accordance with averaging termsin a modern award or enterprise agreement will be treated as additional hours for the purpose of section 62, but the averagingterms will be relevant in determining whether the additional hours are reasonable (see paragraph 62(3)(i)).

64 Averaging of hours of work for award/agreement free employees

An employer and an award/agreement free employee may agree in writing to an averagingarrangement under which hours of work over a specified period of not more than 26 weeks areaveraged. The average weekly hours over the specified period must not exceed:



Note: Hours in excess of the hours referred to in paragraph (a) or (b) that are worked in a week in accordancewith an agreed averaging arrangement will be treated as additional hours for the purpose of section 62,but the averaging arrangement will be relevant in determining whether the additional hours arereasonable (see paragraph 62(3)(i)).


Division 4 - Requests for flexible working arrangements

65 Requests for flexible working arrangements

Employee may request change in working arrangements

(1) An employee who is a parent, or has responsibility for the care, of a child may requestthe employer for a change in working arrangements to assist the employee to care for thechild if the child:

(a) is under school age; or(b) is under 18 and has a disability.

Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns ofwork and changes inlocation of work.

(2) The employee is not entitled to make the request unless:

(a) for an employee other than a casual employee - the employee has completed at least 12 months ofcontinuous service with the employer immediately before making the request; or

(b) for a casual employee - the employee:(i) is a long term casual employee of the employer immediately before making the request; and(ii) has a reasonable expectation of continuing employment by the employer on a regular and

systematic basis.

Formal requirements

(3) The request must:

(a) be in writing; and(b) set out details of the change sought and of the reasons for the change.

Agreeing to the request

(4) The employer must give the employee a written response to the request within 21 days,stating whether the employer grants or refuses the request.

(5) The employer may refuse the request only on reasonable business grounds.

(6) If the employer refuses the request, the written response under subsection (4) mustinclude details of the reasons for the refusal.

66 State and Territory laws that are not excluded

This Act is not intended to apply to the exclusion of laws of a State or Territory that provideemployee entitlements in relation to flexible working arrangements, to the extent that thoseentitlements are more beneficial to employees than the entitlements under this Division.


Division 5 - Parental leave and related entitlements

Subdivision A - General

67 General rule - employee must have completed at least 12 months of service

Employees other than casual employees

(1) An employee, other than a casual employee, is not entitled to leave under this Division(other than unpaid pre-adoption leave) unless the employee has, or will have, completedat least 12 months of continuous service with the employer immediately before the datethat applies under subsection (3).

Casual employees

(2) A casual employee, is not entitled to leave (other than unpaid pre-adoption leave) underthis Division unless:

(a) the employee is, or will be, a long term casual employee of the employer immediately before the datethat applies under subsection (3); and

(b) but for:(i) the birth or expected birth of the child; or(ii) the placement or the expected placement of the child; or(iii) if the employee is taking a period ofunpaid parental leave that starts under subsection 71(6) or

paragraph 72(3)(b) or 72(4)(b) - the taking of the leave;the employee would have a reasonable expectation of continuing employment by the employer on aregular and systematic basis.

Date at which employee must have completed 12 months ofservice

(3) For the purpose of subsections (1) and (2), the date that applies is:

(a) unless paragraph (b) or (c) applies:(i) if the leave is birth-related leave - the date ofbirth, or the expected date of birth, ofthe child; or(ii) if the leave is adoption-related leave - the day of placement, or the expected day ofplacement, of

the child; or(b) for an employee taking a period of unpaid parental leave that is to start within 12 months after the birth

or placement of the child under subsection 71(6) -the date on which the employee's period ofleave isto start; or

(c) for a member of an employee couple taking a period ofunpaid parental leave that is to start underparagraph 72(3)(b) or 72(4)(b) after the period ofunpaid parental leave of the other member of theemployee couple - the date on which the employee's period ofleave is to start.

Meaning ofbirth-related leave

(4) Birth-related leave means leave of either of the following kinds:

(a) unpaid parental leave taken in association with the birth of a child (see section 70);(b) unpaid special maternity leave (see section 80).


Meaning ofadoption-related leave

(5) Adoption-related leave means leave of either of the following kinds:

(a) unpaid parental leave taken in association with the placement of a child for adoption (see section 70);(b) unpaid pre-adoption leave (see section 85).

Meaning ofday ofplacement

(6) The day ofplacement, in relation to the adoption of a child by an employee, means theearlier of the following days:

(a) the day on which the employee first takes custody of the child for the adoption;(b) the day on which the employee starts any travel that is reasonably necessary to take custody of the

child for the adoption.

68 General rule for adoption-related leave - child must be under 16 etc.

An employee is not entitled to adoption-related leave unless the child that is, or is to be,placed with the employee for adoption:

(a) is, or will be, under 16 as at the day ofplacement, or the expected day of placement, ofthe child; and(b) has not, or will not have, lived continuously with the employee for a period of 6 months or more as at

the day of placement, or the expected day ofplacement, of the child; and(c) is not (otherwise than because of the adoption) a child of the employee or the employee's spouse or

de facto partner.

69 Transfer of employment situations in which employee is entitled to continue on leave etc.

(1) If:(a) there is a transfer of employment in relation to an employee; and(b) the employee has already started a period of leave under this Division when his or her employment

with the first employer ends;the employee is entitled to continue on that leave for the rest of that period.

(2) If:(a) there is a transfer of employment in relation to an employee; and(b) the employee has, in relation to the first employer, already taken a step that is required or permitted by

a provision of this Division in relation to taking a period of leave;the employee is taken to have taken the step in relation to the second employer.

Note: Steps covered by this subsection include (for example) giving the first employer notice under subsection 74(1), confirmationor advice under subsection 74(4) or evidence under subsection 74(5).


Subdivision B - Parental leave

70 Entitlement to unpaid parental leave

An employee is entitled to 12 months of unpaid parental leave if:

(a) the leave is associated with:(i) the birth of a child of the employee or the employee's spouse or de facto partner; or(ii) the placement of a child with the employee for adoption; and

(b) the employee has or will have a responsibility for the care of the child.

Note 1: Entitlement is also affected by section 67 (which deals with length of the employee's service) and, for adoption, section 68 (whichdeals with the age etc. ofthe adopted child).

Note 2: The 12 months is reduced by the amount of any unpaid special maternity leave the employee has taken (see subsection 80(7)).

71 The period of leave - other than for members of an employee couple who each intend to takeleave

Application ofthis section

(1) This section applies to an employee who intends to take unpaid parental leave if:

(a) the employee is not a member of an employee couple; or(b) the employee is a member of an employee couple, but the other member of the couple does not intend

to take unpaid parental leave.

Leave must be taken in single continuous period

(2) The employee must take the leave in a single continuous period.

Note: An employee may take a form of paid leave at the same time as he or she is on unpaid parental leave (see section 79).

When birth-related leave must start

(3) If the leave is birth-related leave for a female employee who is pregnant with, or givesbirth to, the child, the period of leave may start up to 6 weeks before the expected date ofbirth of the child, but must not start later than the date of birth of the child.

(4) If the leave is birth-related leave but subsection (3) does not apply, the period of leavemust start on the date of birth of the child.

When adoption-related leave must start

(5) If the leave is adoption-related leave, the period of leave must start on the day ofplacement of the child.


Leave may start later for employees whose spouse or de facto partner is not an employee

(6) Despite subsections (3) to (5), the period ofleave may start at any time within 12 monthsafter the date of birth or day of placement of the child if:

(a) the employee has a spouse or de facto partner who is not an employee; and(b) the spouse or de facto partner has a responsibility for the care of the child for the period between the

date ofbirth or day ofplacement of the child and the start date of the leave.

Note: An employee whose leave starts under subsection (6) is still entitled under section 76 to request an extension of the period ofleavebeyond his or her available parental leave period. However, the period ofleave may not be extended beyond 24 months after the dateof birth or day ofplacement of the child (see subsection 76(7)).

72 The period of leave - members of an employee couple who each intend to take leave


(1) This section applies to an employee couple if each of the employees intends to takeunpaid parental leave.

Leave must be taken in single continuous period

(2) Each employee must take the leave in a single continuous period.

Note: An employee may take a form of paid leave at the same time as he or she is on unpaid parental leave (see section 79).

When birth-related leave must start

(3) If the leave is birth-related leave:

(a) one employee's period ofleave must start first, in accordance with the following rules:(i) if the member of the employee couple whose period of leave starts first is a female employee

who is pregnant with, or gives birth to, the child - the period of leave may start up to 6 weeksbefore the expected date ofbirth of the child, but must not start later than the date ofbirth of thechild;

(ii) if subparagraph (i) does not apply - the period ofleave must start on the date ofbirth of thechild; and

(b) the other employee's period ofleave must start immediately after the end of the first employee's periodofleave (or that period as extended under section 75 or 76).

When adoption-related leave must start

(4) If the leave is adoption-related leave:

(a) one employee's period ofleave must start on the day ofplacement of the child; and(b) the other employee's period ofleave must start immediately after the end of the first employee's period

of leave (or that period as extended under section 75 or 76).


Limited entitlement to take concurrent leave

(5) If one of the employees takes a period (the first employee's period of leave) of unpaidparental leave in accordance with paragraph (3)(a) or (4)(a), the other employee may takea period of unpaid parental leave (the concurrent leave) during the first employee'speriod of leave, if the concurrent leave complies with the following requirements:

(a) the concurrent leave must be for a period of3 weeks or less;(b) unless the employer agrees as referred to in paragraph (c), the concurrent leave must not start before,

and must not end more than 3 weeks after:(i) if the leave is birth-related leave - the date of birth of the child; or(ii) if the leave is adoption-related leave - the day ofplacement of the child;

(c) if the employer agrees, the concurrent leave may (subject to paragraph (a)):(i) start earlier than is permitted by paragraph (b); or(ii) end up to 3 weeks later than is permitted by paragraph (b).

(6) Concurrent leave taken by an employee:

(a) is an exception to the rule that the employee must take his or her leave in a single continuous period(see subsection (2)); and

(b) is an exception to the rules about when the employee's period of unpaid parental leave must start (seesubsection (3) or (4)).

Note: The concurrent leave is unpaid parental leave and so comes out ofthe employee's entitlement to 12 months ofunpaid parentalleave under section 70.

73 Pregnant employee may be required to take unpaid parental leave within 6 weeks before thebirth

Employer may ask employee to provide a medical certificate

(1) If a pregnant employee who is entitled to unpaid parental leave (whether or not she hascomplied with section 74) continues to work during the 6 week period before the expecteddate of birth of the child, the employer may ask the employee to give the employer amedical certificate containing the following statements (as applicable):

(a) a statement ofwhether the employee is fit for work;(b) if the employee is fit for work - a statement of whether it is inadvisable for the employee to continue in

her present position during a stated period because of:(i) illness, or risks, arising out of the employee's pregnancy; or(ii) hazards connected with the position.

Note: Personal infonnation given to an employer under this subsection may be regulated under the Privacy Act 1988.

Employer may require employee to take unpaidparental leave

(2) The employer may require the employee to take a period of unpaid parental leave (theperiod of leave) as soon as practicable if:

(a) the employee does not give the employer the requested certificate within 7 days after the request; or(b) within 7 days after the request, the employee gives the employer a medical certificate stating that the

employee is not fit for work; or


(c) the following subparagraphs are satisfied:(i) within 7 days after the request, the employee gives the employer a medical certificate stating that

the employee is fit for work, but that it is inadvisable for the employee to continue in her presentposition for a stated period for a reason referred to in subparagraph (1)(b)(i) or (ii);

(ii) section 81 does not apply to the employee.

Note: If the medical certificate contains a statement as referred to in subparagraph (c)(i) and section 81 applies to theemployee, the employee is entitled under that section to be transferred to a safe job, or to paid no safe job leave.

When the period ofleave must end

(3) The period of leave must not end later than the earlier of the following:

(a) the end of the pregnancy;(b) if the employee has given the employer notice of the taking of a period of leave connected with the

birth of the child (whether it is unpaid parental leave or some other kind of leave) - the start date ofthat leave.

Special rules about the period ofleave

(4) The period of leave:

(a) is an exception to the rule that the employee must take her unpaid parental leave in a single continuousperiod (see subsection 71(2) or 72(2)); and

(b) is an exception to the rules about when the employee's period of unpaid parental leave must start (seesubsections 71(3) and (6), or subsection 72(3)).

Note: The period ofleave is unpaid parental leave and so comes out of the employee's entitlement to 12 months ofunpaid parentalleave under section 70.

(5) The employee is not required to comply with section 74 in relation to the period of leave.

74 Notice and evidence requirements

Notice

(1) An employee must give his or her employer written notice of the taking of unpaidparental leave under section 71 or 72 by the employee.

(2) The notice must be given to the employer:

(a) at least 10 weeks before starting the leave; or(b) if that is not practicable - as soon as practicable (which may be a time after the leave has started).

(3) The notice must specify the intended start and end dates of the leave.


Confirmation or change ofintended start and end dates

(4) At least 4 weeks before the intended start date specified in the notice given undersubsection (1), the employee must:

(a) confmn the intended start and end dates of the leave; or(b) advise the employer of any changes to the intended start and end dates of the leave;

unless it is not practicable to do so.

Evidence

(5) An employee who has given his or her employer notice of the taking of unpaid parentalleave must, if required by the employer, give the employer evidence that would satisfy areasonable person:

(a) ifthe leave is birth-related leave - of the date of birth, or the expected date of birth, of the child; or(b) if the leave is adoption-related leave:

(i) of the day of placement, or the expected day ofplacement, of the child; and(ii) that the child is.or will be, under 16 as at the day of placement, or the expected day of

placement, of the child.

(6) Without limiting subsection (5), an employer may require the evidence referred to inparagraph (5)(a) to be a medical certificate.

Compliance

(7) An employee is not entitled to take unpaid parental leave under section 71 or 72 unlessthe employee complies with this section.

Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.

75 Extending period of unpaid parental leave - extending to use more of available parental leaveperiod


(1) This section applies if:

(a) an employee has, in accordance with section 74, given notice of the taking of a period of unpaidparental leave (the original leave period); and

(b) the original leave period is less than the employee's available parental leave period; and(c) the original leave period has started.


(2) The employee's available parental leave period is 12 months, less any periods of thefollowing kinds:

(a) a period of concurrent leave that the employee has taken in accordance with subsection 72(5);(b) a period ofunpaid parental leave that the employee has been required to take under subsection 73(2) or

82(2);(c) a period by which the employee's entitlement to unpaid parental leave is reduced under paragraph

76(6)(c);(d) a period of special maternity leave that the employee has taken.

First extension by giving notice to employer

(3) The employee may extend the period of unpaid parental leave by giving his or heremployer written notice of the extension at least 4 weeks before the end date of theoriginal leave period. The notice must specify the new end date for the leave.

(4) Only one extension is permitted under subsection (3).

Further extensions by agreement with employer

(5) If the employer agrees, the employee may further extend the period of unpaid parentalleave one or more times.

No entitlement to extension beyond available parental leave period

(6) The employee is not entitled under this section to extend the period of unpaid parentalleave beyond the employee's available parental leave period.

76 Extending period of unpaid parental leave - extending for up to 12 months beyond availableparental leave period

Employee may request further period ofleave

(1) An employee who takes unpaid parental leave for his or her available parental leaveperiod may request his or her employer to agree to an extension of unpaid parental leavefor the employee for a further period of up to 12 months immediately following the end ofthe available parental leave period.

Making the request

(2) The request must be in writing, and must be given to the employer at least 4 weeksbefore the end of the available parental leave period.

Agreeing to the requested extension

(3) The employer must give the employee a written response to the request stating whetherthe employer grants or refuses the request. The response must be given as soon aspracticable, and not later than 21 days, after the request is made.

(4) The employer may refuse the request only on reasonable business grounds.

(5) If the employer refuses the request, the written response under subsection (3) mustinclude details of the reasons for the refusal.


Special rules for employee couples

(6) The following paragraphs apply in relation to a member of an employee couple extendinga period of unpaid parental leave in relation to a child under this section:

(a) the request must specify any amount of unpaid parental leave and unpaid special maternity leave thatthe other member of the employee couple has taken, or will have taken, in relation to the child beforethe extension starts;

(b) the period of the extension cannot exceed 12 months, less any period ofunpaid parental leave orunpaid special maternity leave that the other member of the employee couple has taken, or will havetaken, in relation to the child before the extension starts;

(c) the amount of unpaid parental leave to which the other member of the employee couple is entitledunder section 70 in relation to the child is reduced by the period ofthe extension.

No extension beyond 24 months after birth or placement

(7) Despite any other provision of this Division, the employee is not entitled to extend theperiod of unpaid parental leave beyond 24 months after the date of birth or day ofplacement of the child.

77 Reducing period of unpaid parental leave

If the employer agrees, an employee whose period of unpaid parental leave has started mayreduce the period of unpaid parental leave he or she takes.

78 Employee who ceases to have responsibility for care of child

(1) This section applies to an employee who has taken unpaid parental leave in relation to achild if the employee ceases to have any responsibility for the care of the child.

(2) The employer may give the employee written notice requiring the employee to return towork on a specified day.

(3) The specified day:

(a) must be at least 4 weeks after the notice is given to the employee; and(b) if the leave is birth-related leave taken by a female employee who has given birth - must not be earlier

than 6 weeks after the date ofbirth ofthe child.

(4) The employee's entitlement to unpaid parental leave in relation to the child endsimmediately before the specified day.

79 Interaction with paid leave

(1) This Subdivision (except for subsections (2) and (3)) does not prevent an employee fromtaking any other kind of paid leave while he or she is taking unpaid parental leave. If theemployee does so, the taking of that other paid leave does not break the continuity of theperiod of unpaid parental leave.

Note: For example, if the employee has paid annual leave available, he or she may (with the employer's agreement) take some or allof that paid annual leave at the same time as the unpaid parental leave.


(2) An employee is not entitled to take paid personal/carer's leave or compassionate leavewhile he or she is taking unpaid parental leave.

(3) An employee is not entitled to any payment under Division 8 (which deals withcommunity service leave) in relation to activities the employee engages in while takingunpaid parental leave.

Subdivision C - Other entitlements

80 Unpaid special maternity leave

Entitlement to unpaid special maternity leave

(1) A female employee is entitled to a period of unpaid special maternity leave if she is not fitfor work during that period because:

(a) she has a pregnancy-related illness; or(b) she has been pregnant, and the pregnancy ends within 28 weeks of the expected date of birth of the

child otherwise than by the birth of a living child.

Note: Entitlement is also affected by section 67 (which deals with the length of the employee's service).

Notice and evidence

(2) An employee must give her employer notice of the taking of unpaid special maternityleave by the employee.

(3) The notice:

(a) must be given to the employer as soon as practicable (which may be a time after the leave has started);and

(b) must advise the employer of the period, or expected period, of the leave.

(4) An employee who has given her employer notice of the taking of unpaid special maternityleave must, if required by the employer, give the employer evidence that would satisfy areasonable person that the leave is taken for a reason specified in subsection (1).

(5) Without limiting subsection (4), an employer may require the evidence referred to in thatsubsection to be a medical certificate.

(6) An employee is not entitled to take unpaid special maternity leave unless the employeecomplies with subsections (2) to (4).

Taking ofspecial maternity leave reduces entitlement to unpaid parental leave

(7) A female employee's entitlement to 12 months of unpaid parental leave associated withthe birth of a child (see section 70) is reduced by the amount of any unpaid specialmaternity leave taken by the employee while she was pregnant.



81 Transfer to a safe job


(1) This section applies to a pregnant employee if:

(a) she is entitled to unpaid parental leave; and(b) she has already complied with the notice and evidence requirements of section 74 for taking unpaid

parental leave; and(c) she gives her employer evidence that would satisfy a reasonable person that she is fit for work, but that

it is inadvisable for her to continue in her present position during a stated period (the risk period)because of:(i) illness, or risks, arising out of her pregnancy; or(ii) hazards connected with that position.

Note: Personal information given to an employer under this subsection may be regulated under the Privacy Act 1988.

(2) Without limiting paragraph (l)(c), an employer may require the evidence referred to inthat paragraph to be a medical certificate.

Employee entitled to appropriate safe job or paid no safe job leave during riskperiod

(3) If this section applies to an employee:

(a) ifthere is an appropriate safe job available - the employer must transfer the employee to that job forthe risk period, with no other change to the employee's terms and conditions of employment; or

(b) if there is no appropriate safe job available - the employee is entitled to take paid no safe job leave forthe risk period.

(4) An appropriate safe job is a safe job that has:

(a) the same ordinary hours ofwork as the employee's present position; or(b) a different number of ordinary hours agreed to by the employee.

Payment to employee iftransferred to appropriate safe job

(5) Without limiting paragraph (3)(a), if the employee is transferred to an appropriate safe jobfor the risk period, the employer must pay the employee for the safe job at the employee'sfull rate of pay (for the position she was in before the transfer) for the hours that sheworks in the risk period.

Payment to employee ifon paid no safe job leave

(6) If the employee takes paid no safe job leave for the risk period, the employer must paythe employee at the employee's base rate of pay for the employee's ordinary hours of workin the risk period.

Riskperiod ends ifpregnancy ends

(7) If the employee's pregnancy ends before the end of the risk period, the risk period endswhen the pregnancy ends.


82 Employee on paid no safe job leave may be asked to provide a furthermedical certificate

Employer may ask employee to provide a medical certificate

(1) If an employee is on paid no safe job leave during the 6 week period before the expecteddate of birth of the child, the employer may ask the employee to give the employer amedical certificate stating whether the employee is fit for work.


Employer may require employee to take unpaid parental leave

(2) The employer may require the employee to take a period of unpaid parental leave (theperiod of leave) as soon as practicable if:

(a) the employee does not give the employer the requested certificate within 7 days after the request; or(b) within 7 days after the request, the employee gives the employer a certificate stating that the employee

is not fit for work.

Entitlement to paid no safe job leave ends

(3) When the period of leave starts, the employee's entitlement to paid no safe job leave ends.

When the period ofleave must end etc.

(4) Subsections 73(3}, (4) and (5) apply to the period of leave.

83 Consultation with employee on unpaid parental leave

(1) If:

(a) an employee is on unpaid parental leave; and(b) the employee's employer makes a decision that will have a significant effect on the status, payor

location of the employee's pre-parental leave position;

the employer must take all reasonable steps to give the employee information about, and an opportunity todiscuss, the effect of the decision on that position.

(2) The employee's pre-parental leave position is:

(a) unless paragraph (b) applies, the position the employee held before starting the unpaid parental leave;or

(b) if, before starting the unpaid parental leave, the employee:(i) was transferred to a safe job because ofher pregnancy; or(ii) reduced her working hours due to her pregnancy;the position the employee held immediately before that transfer or reduction.


84 Return to work guarantee

On ending unpaid parental leave, an employee is entitled to return to:

(a) the employee's pre-parental leave position; or(b) if that position no longer exists - an available position for which the employee is qualified and suited

nearest in status and pay to the pre-parental leave position.

85 Unpaid pre-adoption leave

Entitlement to unpaidpre-adoption leave

(1) An employee is entitled to up to 2 days of unpaid pre-adoption leave to attend anyinterviews or examinations required in order to obtain approval for the employee'sadoption of a child.

Note: Entitlement is also affected by section 68 (which deals with the age etc. of the adopted child).

(2) However, an employee is not entitled to take a period of unpaid pre-adoption leave if:

(a) the employee could instead take some other form of leave; and(b) the employer directs the employee to take that other form of leave.

(3) An employee who is entitled to a period of unpaid pre-adoption leave is entitled to takethe leave as:

(a) a single continuous period ofup to 2 days; or(b) any separate periods to which the employee and the employer agree.

Notice and evidence

(4) An employee must give his or her employer notice of the taking of unpaid pre-adoptionleave by the employee.

(5) The notice:



(6) An employee who has given his or her employer notice of the taking of unpaid preadoption leave must, if required by the employer, give the employer evidence that wouldsatisfy a reasonable person that the leave is taken to attend an interview or examinationas referred to in subsection (1).

(7) An employee is not entitled to take unpaid pre-adoption leave unless the employeecomplies with subsections (4) to (6).



Division 6 - Annual leave

86 Division applies to employees other than casual employees

This Division applies to employees, other than casual employees.

87 Entitlement to annual leave

Amount ofleave

(1) For each year of service with his or her employer, an employee is entitled to:

(a) 4 weeks ofpaid annual leave; or(b) 5 weeks ofpaid annual leave, if:

(i) a modern award applies to the employee and defmes or describes the employee as a shiftworkerfor the purposes of the National Employment Standards; or

(ii) an enterprise agreement applies to the employee and defmes or describes the employee as ashiftworker for the purposes of the National Employment Standards; or

(iii) the employee qualifies for the shiftworker annual leave entitlement under subsection (3) (thisrelates to award/agreement free employees).

Note: Section 196 affects whether FWA may approve an enterprise agreement covering an employee, if the employee iscovered by a modem award that is in operation and defines or describes the employee as a shiftworker for the purposesof the National Employment Standards.

Accrual ofleave

(2) An employee's entitlement to paid annual leave accrues progressively during a year ofservice according to the employee's ordinary hours of work, and accumulates from yearto year.

Note: If an employee's employment ends during what would otherwise have been a year of service, the employee accrues paidannual leave up to when the employment ends.

Award/agreementfree employees who qualify for the shiftworker entitlement

(3) An award/agreement free employee qualifies for the shiftworker annual leave entitlementif:

(a) the employee:(i) is employed in an enterprise in which shifts are continuously rostered 24 hours a day for 7 days a

week; and(ii) is regularly rostered to work those shifts; and(iii) regularly works on Sundays and public holidays; or

(b) the employee is in a class of employees prescribed by the regulations as shiftworkers for the purposesof the National Employment Standards.

(4) However, an employee referred to in subsection (3) does not qualify for the shiftworkerannual leave entitlement if the employee is in a class of employees prescribed by theregulations as not being qualified for that entitlement.


(5) Without limiting the way in which a class may be described for the purposes ofparagraph (3)(b) or subsection (4), the class may be described by reference to one or moreof the following:

(a) a particular industry or part of an industry;(b) a particular kind of work;(c) a particular type of employment.

88 Taking paid annual leave

(1) Paid annual leave may be taken for a period agreed between an employee and his or heremployer.

(2) The employer must not unreasonably refuse to agree to a request by the employee to takepaid annual leave.

89 Employee not taken to be on paid annual leave at certain times

Public holidays

(1) If the period during which an employee takes paid annual leave includes a day or partday that is a public holiday in the place where the employee is based for work purposes,the employee is taken not to be on paid annual leave on that public holiday.

Other periods ofleave

(2) If the period during which an employee takes paid annual leave includes a period of anyother leave (other than unpaid parental leave) under this Part, or a period of absencefrom employment under Division 8 (which deals with community service leave), theemployee is taken not to be on paid annual leave for the period of that other leave orabsence.

90 Payment for annual leave

(1) If, in accordance with this Division, an employee takes a period of paid annual leave, theemployer must pay the employee at the employee's base rate of pay for the employee'sordinary hours of work in the period.

(2) If, when the employment of an employee ends, the employee has a period of untaken paidannual leave, the employer must pay the employee the amount that would have beenpayable to the employee had the employee taken that period of leave.

91 Transfer of employment situations that affect entitlement to payment for period of untakenpaid annual leave

Transfer ofemployment situation in which employer may decide not to recognise employee's service withfirstemployer

(1) Subsection 22(5) does not apply (for the purpose of this Division) to a transfer ofemployment between non-associated entities in relation to an employee, if the secondemployer decides not to recognise the employee's service with the first employer (for thepurpose of this Division).


Employee is not entitled to payment for untaken annual leave if service with first employercounts as service with second employer

(2) If subsection 22(5) applies (for the purpose of this Division) to a transfer of employmentin relation to an employee, the employee is not entitled to be paid an amount undersubsection 90(2) for a period of untaken paid annual leave.

Note: Subsection 22(5) provides that, generally, if there is a transfer of employment, service with the first employer counts asservice with the second employer.

92 Paid annual leave must not be cashed out except in accordance with permitted cashing outterms

Paid annual leave must not be cashed out, except in accordance with:

(a) cashing out terms included in a modem award or enterprise agreement under section 93, or

(b) an agreement between an employer and an award/agreement free employee under subsection 94(1).

93 Modern awards and enterprise agreements may include terms relating to cashing out andtaking paid annual leave

Terms about cashing out paid annual leave

(1) A modern award or enterprise agreement may include terms providing for the cashing outof paid annual leave by an employee.

(2) The terms must require that:

(a) paid annual leave must not be cashed out if the cashing out would result in the employee's remainingaccrued entitlement to paid annual leave being less than 4 weeks; and

(b) each cashing out of a particular amount ofpaid annual leave must be by a separate agreement inwriting between the employer and the employee; and

(c) the employee must be paid at least the full amount that would have been payable to the employee hadthe employee taken the leave that the employee has forgone.

Terms about requirements to take paid annual leave

(3) A modern award or enterprise agreement may include terms requiring an employee, orallowing for an employee to be required, to take paid annual leave in particularcircumstances, but only if the requirement is reasonable.

Terms about taking paid annual leave

(4) A modern award or enterprise agreement may include terms otherwise dealing with thetaking of paid annual leave.


94 Cashing out and taking paid annual leave for award/agreement free employees

Agreements to cash out paid annual leave

(1) An employer and an award/agreement free employee may agree to the employee cashingout a particular amount of the employee's accrued paid annual leave.

(2) The employer and the employee must not agree to the employee cashing out an amountof paid annual leave if the agreement would result in the employee's remaining accruedentitlement to paid annual leave being less than 4 weeks.

(3) Each agreement to cash out a particular amount of paid annual leave must be a separateagreement in writing.

(4) The employer must pay the employee at least the full amount that would have beenpayable to the employee had the employee taken the leave that the employee has forgone.

Requirements to take paid annual leave

(5) An employer may require an award/agreement free employee to take a period of paidannual leave, but only if the requirement is reasonable.

Note: A requirement to take paid annual leave may be reasonable if, for example:(a) the employee has accrued an excessive amount ofpaid annual leave; or(b) the employer's enterprise is being shut down for a period (for example, between Christmas and New Year).

Agreements about taking paid annual leave

(6) An employer and an award/agreement free employee may agree on when and how paidannual leave may be taken by the employee.

Note: Matters that could be agreed include, for example, the following:(a) that paid annual leave may be taken in advance of accrual;(b) that paid annual leave must be taken within a fixed period of time after it is accrued;(c) the form of application for paid annual leave;(d) that a specified period of notice must be given before taking paid annual leave.


Division 7 - Personal/carer's leave and compassionate leave

Subdivision A - Paid personal/carer's leave

95 Subdivision applies to employees other than casual employees

This Subdivision applies to employees, other than casual employees.

96 Entitlement to paid personal/carer's leave

Amount ofleave

(1) For each year of service with his or her employer, an employee is entitled to 10 days ofpaid personal/carer's leave.

Accrual ofleave

(2) An employee's entitlement to paid personal/carer's leave accrues progressively during ayear of service according to the employee's ordinary hours of work, and accumulates fromyear to year.

97 Taking paid personal/carer's leave

An employee may take paid personal/carer's leave if the leave is taken:

(a) because the employee is not fit for work because of a personal illness, or personal injury, affecting theemployee; or

(b) to provide care or support to a member of the employee's immediate family, or a member of theemployee's household, who requires care or support because of:(i) a personal illness, or personal injury, affecting the member; or(ii) an unexpected emergency affecting the member.

Note: The notice and evidence requirements of section 107 must be complied with.

98 Employee taken not to be on paid personal/carer's leave on public holiday

If the period during which an employee takes paid personal/carer's leave includes a day orpart-day that is a public holiday in the place where the employee is based for work purposes,the employee is taken not to be on paid personal/carer's leave on that public holiday.

99 Payment for paid personal/carer's leave

If, in accordance with this Subdivision, an employee takes a period of paid personal/carer'sleave, the employer must pay the employee at the employee's base rate of pay for theemployee's ordinary hours of work in the period.

100 Paid personal/carer's leave must not be cashed out except in accordance with permittedcashing out terms

Paid personal/carer's leave must not be cashed out, except in accordance with cashing outterms included in a modern award or enterprise agreement under section 101.


101 Modern awards and enterprise agreements may include terms relating tocashing out paid personal!carer's leave

(1) A modern award or enterprise agreement may include terms providing for the cashing outof paid personal/carer's leave by an employee.

(2) The terms must require that:

(a) paid personal/carer's leave must not be cashed out if the cashing out would result in the employee'sremaining accrued entitlement to paid personal/carer's leave being less than 15 days; and

(b) each cashing out of a particular amount ofpaid personal/carer's leave must be by a separate agreementin writing between the employer and the employee; and

(c) the employee must be paid at least the full amount that would have been payable to the employee hadthe employee taken the leave that the employee has forgone.

Subdivision B - Unpaid carer's leave

102 Entitlement to unpaid carer's leave

An employee is entitled to 2 days of unpaid carer's leave for each occasion (a permissibleoccasion) when a member of the employee's immediate family, or a member of the employee'shousehold, requires care or support because of:

(a) a personal illness, or personal injury, affecting the member; or(b) an unexpected emergency affecting the member.

103 Taking unpaid carer's leave

(1) An employee may take unpaid carer's leave for a particular permissible occasion if theleave is taken to provide care or support as referred to in section 102.

(2) An employee may take unpaid carer's leave for a particular permissible occasion as:

(a) a single continuous period ofup to 2 days; or(b) any separate periods to which the employee and his or her employer agree.

(3) An employee cannot take unpaid carer's leave during a particular period if the employeecould instead take paid personal/carer's leave.



Subdivision C - Compassionate leave

104 Entitlement to compassionate leave

An employee is entitled to 2 days of compassionate leave for each occasion (a permissibleoccasion) when a member of the employee's immediate family, or a member of the employee'shousehold:

(a) contracts or develops a personal illness that poses a serious threat to his or her life; or(b) sustains a personal injury that poses a serious threat to his or her life; or(c) dies.

105 Taking compassionate leave

(1) An employee may take compassionate leave for a particular permissible occasion if theleave is taken:

(a) to spend time with the member of the employee's immediate family or household who has contractedor developed the personal illness, or sustained the personal injury, referred to in section 104; or

(b) after the death of the member of the employee's immediate family or household referred to in section104.

(2) An employee may take compassionate leave for a particular permissible occasion as:

(a) a single continuous 2 day period; or(b) 2 separate periods of 1 day each; or(c) any separate periods to which the employee and his or her employer agree.

(3) If the permissible occasion is the contraction or development of a personal illness, or thesustaining of a personal injury, the employee may take the compassionate leave for thatoccasion at any time while the illness or injury persists.


106 Payment for compassionate leave (other than for casual employees)

If, in accordance with this Subdivision, an employee, other than a casual employee, takes aperiod of compassionate leave, the employer must pay the employee at the employee's baserate of pay for the employee's ordinary hours of work in the period.

Note: For casual employees, compassionate leave is unpaid leave.


Subdivision D - Notice and evidence requirements


Notice

(1) An employee must give his or her employer notice of the taking of leave under thisDivision by the employee.

(2) The notice:



Evidence

(3) An employee who has given his or her employer notice of the taking of leave under thisDivision must, if required by the employer, give the employer evidence that would satisfya reasonable person that:

(a) if it is paid personal/carer's leave - the leave is taken for a reason specified in section 97; or(b) if it is unpaid carer's leave - the leave is taken for a permissible occasion in circumstances specified in

subsection 103(1); or(c) if it is compassionate leave - the leave is taken for a permissible occasion in circumstances specified in

subsection 105(1).

Compliance

(4) An employee is not entitled to take leave under this Division unless the employeecomplies with this section.

Modern awards and enterprise agreements may include evidence requirements

(5) A modern award or enterprise agreement may include terms relating to the kind ofevidence that an employee must provide in order to be entitled to paid personal/carer'sleave, unpaid carer's leave or compassionate leave.



Division 8 - Community service leave

108 Entitlement to be absent from employment for engaging in eligible community service activity

An employee who engages in an eligible community service activity is entitled to be absentfrom his or her employment for a period if:

(a) the period consists of one or more of the following:(i) time when the employee engages in the activity;(ii) reasonable travelling time associated with the activity;(iii) reasonable rest time immediately following the activity; and

(b) unless the activity is jury service - the employee's absence is reasonable in all the circumstances.

109 Meaning of eligible community service activity

General

(1) Each of the following is an eligible community service activity:

(a) jury service (including attendance for jury selection) that is required by or under a law of theCommonwealth, a State or a Territory; or

(b) a voluntary emergency management activity (see subsection (2)); or(c) an activity prescribed in regulations made for the purpose of subsection (4).

Voluntary emergency management activities

(2) An employee engages in a voluntary emergency management activity if, and only if:

(a) the employee engages in an activity that involves dealing with an emergency or natural disaster; and(b) the employee engages in the activity on a voluntary basis (whether or not the employee directly or

indirectly takes or agrees to take an honorarium, gratuity or similar payment wholly or partly forengaging in the activity); and

(c) the employee is a member of, or has a member-like association with, a recognised emergencymanagement body; and

(d) either:(i) the employee was requested by or on behalf of the body to engage in the activity; or(ii) no such request was made, but it would be reasonable to expect that, if the circumstances had

permitted the making of such a request, it is likely that such a request would have been made.


(3) A recognised emergency management body is:

(a) a body, or part of a body, that has a role or function under a plan that:(i) is for coping with emergencies and/or disasters; and(ii) is prepared by the Commonwealth, a State or a Territory; or

(b) a fire-fighting, civil defence or rescue body, or part of such a body; or(c) any other body, or part of a body, a substantial purpose of which involves:

(i) securing the safety of persons or animals in an emergency or natural disaster; or(ii) protecting property in an emergency or natural disaster; or(iii) otherwise responding to an emergency or natural disaster; or

(d) a body, or part of a body, prescribed by the regulations;

but does not include a body that was established, or is continued in existence, for the purpose, or for purposesthat include the purpose, of entitling one or more employees to be absent from their employment under thisDivision.

Regulations may prescribe other activities

(4) The regulations may prescribe an activity that is of a community service nature as aneligible community service activity.


Notice

(1) An employee who wants an absence from his or her employment to be covered by thisDivision must give his or her employer notice of the absence.

(2) The notice:

(a) must be given to the employer as soon as practicable (which may be a time after the absence hasstarted); and

(b) must advise the employer of the period, or expected period, of the absence.

Evidence

(3) An employee who has given his or her employer notice of an absence under subsection (1)must, if required by the employer, give the employer evidence that would satisfy areasonable person that the absence is because the employee has been or will be engagingin an eligible community service activity.

Compliance

(4) An employee's absence from his or her employment is not covered by this Division unlessthe employee complies with this section.



111 Payment to employees (other than casuals) on jury service



(a) in accordance with this Division, an employee is absent from his or her employment for a periodbecause ofjury service; and

(b) the employee is not a casual employee.

Employee to be paid base rate ofpay

(2) Subject to subsections (3), (4) and (5), the employer must pay the employee at theemployee's base rate of pay for the employee's ordinary hours of work in the period.

Evidence

(3) The employer may require the employee to give the employer evidence that would satisfya reasonable person:

(a) that the employee has taken all necessary steps to obtain any amount ofjury service pay to which theemployee is entitled; and

(b) of the total.amount (even if it is a nil amount) ofjury service pay that has been paid, or is payable, tothe employee for the period.


(4) If, in accordance with subsection (3), the employer requires the employee to give theemployer the evidence referred to in that subsection:

(a) the employee is not entitled to payment under subsection (2) unless the employee provides theevidence; and

(b) if the employee provides the evidence - the amount payable to the employee under subsection (2) isreduced by the total amount ofjury service pay that has been paid, or is payable, to the employee, asdisclosed in the evidence.

Payment only requiredfor first 10 days ofabsence

(5) If an employee is absent because of jury service in relation to a particular jury servicesummons for a period, or a number of periods, of more than 10 days in total:

(a) the employer is only required to pay the employee for the first 10 days of absence; and(b) the evidence provided in response to a requirement under subsection (3) need only relate to the first 10

days of absence; and(c) the reference in subsection (4) to the total amount ofjury service pay as disclosed in evidence is a

reference to the total amount so disclosed for the first 10 days of absence.


Meaning ofjury service pay

(6) Jury service pay means an amount paid in relation to jury service under a law of theCommonwealth, a State or a Territory, other than an amount that is, or that is in thenature of, an expense-related allowance.

Meaning of'jury service SUlll111011S

(7) Jury service summons means a summons or other instruction (however described) thatrequires a person to attend for, or perform, jury service.

112 State and Territory laws that are not excluded

(1) This Act is not intended to apply to the exclusion of laws of a State or Territory thatprovide employee entitlements in relation to engaging in eligible community serviceactivities, to the extent that those entitlements are more beneficial to employees than theentitlements under this Division.

Note: For example, this Act would not apply to the exclusion of a State or Territory law providing for a casual employee to be paidjury service pay.

(2) If the community service activity is an activity prescribed in regulations made for thepurpose of subsection 109(4), subsection (1) of this section has effect subject to anyprovision to the contrary in the regulations.

Division 9 - Long service leave

113 Entitlement to long service leave

Entitlement in accordance with applicable award-derived long service leave terms

(1) If there are applicable award-derived long service leave terms (see subsection (3)) inrelation to an employee, the employee is entitled to long service leave in accordance withthose terms.

Note: This Act does not exclude State and Territory laws that deal with long service leave, except in relation to employees who areentitled to long service leave under this Division (see paragraph 27(2)(g)), and except as provided in subsection I 13A(3).

(2) However, subsection (1) does not apply if:

(a) a workplace agreement, or an AWA, that came into operation before the commencement of this Partapplies to the employee; or

(b) one of the following kinds of instrument that came into operation before the commencement of thisPart applies to the employee and expressly deals with long service leave:(i) an enterprise agreement;(ii) a preserved State agreement;(iii) a workplace determination;(iv) a pre-reform certified agreement;(v) a pre-reform AWA;(vi) a section 170MX award;(vii) an old IR agreement.

Note: If there ceases to be any agreement or instrument of a kind referred to in paragraph (a) or (b) that applies to the employee, theemployee will, at that time, become entitled under subsection (I) to long service leave in accordance with applicable award-derivedlong service leave terms.


(3) Applicable award-derived long service leave terms, in relation to an employee, are:

(a) terms of an award that (disregarding the effect of any instrument of a kind referred to in subsection(2)):(i) would have applied to the employee immediately before the commencement ofthis Part if the

employee had, at that time, been in his or her current circumstances of employment; and(ii) would have entitled the employee to long service leave; and

(b) any terms of the award that are ancillary or incidental to the terms referred to in paragraph (a).

Entitlement in accordance with applicable agreement-derived long service leave terms

(4) If there are applicable agreement-derived long service leave terms (see subsection (5)) inrelation to an employee, the employee is entitled to long service leave in accordance withthose terms.

(5) There are applicable agreement-derived long service leave terms, in relation to anemployee if:

(a) an order under subsection (6) is in operation in relation to terms of an instrument; and(b) those terms of the instrument would have applied to the employee immediately before the

commencement of this Part if the employee had, at that time, been in his or her current circumstancesof employment; and

(c) there are no applicable award-derived long service leave terms in relation to the employee.

(6) If FWA is satisfied that:

(a) any of the following instruments that was in operation immediately before the commencement of thisPart contained terms entitling employees to long service leave:(i) an enterprise agreement;(ii) a collective agreement;(iii) a pre-reform certified agreement;(iv) an old IR agreement; and

(b) those terms constituted a long service leave scheme that was applying in more than one State orTerritory; and

(c) the scheme, considered on an overall basis, is no less beneficial to the employees than the long serviceleave entitlements that would otherwise apply in relation to the employees under State and Territorylaws;

FWA may, on application by, or on behalf of, a person to whom the instrument applies, make an order thatthose terms of the instrument (and any terms that are ancillary or incidental to those terms) are applicableagreement-derived long service leave terms,

References to instruments

(7) References in this section to a kind of instrument (other than an enterprise agreement)are references to a transitional instrument of that kind, as continued in existence bySchedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act2009.


69

113A Enterprise agreements may contain terms discounting service under prioragreements etc. in certain circumstances


(a) an instrument (the first instrument) of one of the following kinds that came into operation before thecommencement of this Part applies to an employee on or after the commencement of this Part:(i) an enterprise agreement;(ii) a workplace agreement;(iii) a workplace determination;(iv) a preserved State agreement;(v) an AWA;(vi) a pre-reform certified agreement;(vii) a pre-reform AWA;(viii) an old IR agreement;(ix) a section 170MX award; and

(b) the instrument states that the employee is not entitled to long service leave; and(c) the instrument ceases, for whatever reason, to apply to the employee; and(d) immediately after the first instrument ceases to apply, an enterprise agreement (the replacement

agreement) starts to apply to the employee.

(2) The replacement agreement may include terms to the effect that an employee's servicewith the employer during a specified period (the excluded period) (being some or all ofthe period when the first instrument applied to the employee) does not count as servicefor the purpose of determining whether the employee is qualified for long service leave, orthe amount of long service leave to which the employee is entitled, under this Division orunder a law of a State or Territory.

(3) If the replacement agreement includes terms as permitted by subsection (2), the excludedperiod does not count, and never again counts, as service for the purpose of determiningwhether the employee is qualified for long service leave, or the amount of long serviceleave to which the employee is entitled, under this Division or under a law of a State orTerritory, unless a later agreement provides otherwise. This subsection has effect despitesections 27 and 29.

(4) References in this section to a kind of instrument (other than an enterprise agreement)are references to a transitional instrument of that kind, as continued in existence bySchedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act2009.

SDA- Domino's Pizza Agreement 2009 (AV Staff Pty Ltd)

Division 10 - Public holidays

114 Entitlement to be absent from employment on public holiday

Employee entitled to be absent on public holiday

(1) An employee is entitled to be absent from his or her employment on a day or part-daythat is a public holiday in the place where the employee is based for work purposes.

Reasonable requests to work on public holidays

(2) However, an employer may request an employee to work on a public holiday if therequest is reasonable.

(3) If an employer requests an employee to work on a public holiday, the employee mayrefuse the request if:

(a) the request is not reasonable; or(b) the refusal is reasonable.

(4) In determining whether a request, or a refusal of a request, to work on a public holiday isreasonable, the following must be taken into account:

(a) the nature of the employer's workplace or enterprise (including its operational requirements), and thenature of the work performed by the employee;

(b) the employee's personal circumstances, including family responsibilities;(c) whether the employee could reasonably expect that the employer might request work on the public

holiday;(d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation

for, or a level of remuneration that reflects an expectation of, work on the public holiday;(e) the type of employment of the employee (for example, whether full-time, part-time, casual or

shiftwork);(f) the amount of notice in advance of the public holiday given by the employer when making the request;(g) in relation to the refusal of a request - the amount of notice in advance of the public holiday given by

the employee when refusing the request;(h) any other relevant matter.


115 Meaning of public holiday

The public holidays

(1) The following are public holidays:

(a) each of these days:(i) 1 January (New Year's Day);(ii) 26 January (Australia Day);(iii) Good Friday;(iv) Easter Monday;(v) 25 April (Anzac Day);(vi) the Queen's birthday holiday (on the day on which it is celebrated in a State or Territory or a

region of a State or Territory);(vii) 25 December (Christmas Day);(viii) 26 December (Boxing Day);

(b) any other day, or part-day, declared or prescribed by or under a law of a State or Territory to beobserved generally within the State or Territory, or a region of the State or Territory, as a publicholiday, other than a day or part-day, or a kind of day or part-day, that is excluded by the regulationsfrom counting as a public holiday.

Substituted public holidays under State or Territory laws

(2) If, under (or in accordance with a procedure under) a law of a State or Territory, a day orpart-day is substituted for a day or part-day that would otherwise be a public holidaybecause of subsection (1), then the substituted day or part-day is the public holiday.

Substituted public holidays under modern awards and enterprise agreements

(3) A modern award or enterprise agreement may include terms providing for an employerand employee to agree on the substitution of a day or part-day for a day or part-day thatwould otherwise be a public holiday because of subsection (1) or (2).

Substituted public holidays for award/agreementFee employees

(4) An employer and an award/agreement free employee may agree on the substitution of aday or part-day for a day or part-day that would otherwise be a public holiday because ofsubsection (1) or (2).

Note: This Act does not exclude State and Territory laws that deal with the declaration, prescription or substitution ofpublic holidays, but itdoes exclude State and Territory laws that relate to the rights and obligations of an employee or employer in relation to publicholidays (see paragraph 27(2)(j)).

116 Payment for absence on public holiday

If, in accordance with this Division, an employee is absent from his or her employment on aday or part-day that is a public holiday, the employer must pay the employee at theemployee's base rate of pay for the employee's ordinary hours of work on the day or part-day.

Note: If the employee does not have ordinary hours of work on the public holiday, the employee is not entitled to payment under thissection. For example, the employee is not entitled to payment if the employee is a casual employee who is not rostered on for thepublic holiday, or is a part-time employee whose part-time hours do not include the day of the week on which the public holidayoccurs.


Division 11- Notice of termination and redundancy pay

Subdivision A - Notice of termination or payment in lieu of notice

117 Requirement for notice of termination or payment in lieu

Notice specifying day oftermination

(1) An employer must not terminate an employee's employment unless the employer hasgiven the employee written notice of the day of the termination (which cannot be beforethe day the notice is given).

Note 1:

Note 2:

Section 123 describes situations in which this section roes not apply.

Sections 28A and 29 of the Acts Interpretation Act 1901 provide how a notice may be given. In particular, the notice maybe given to an employee by:(a) delivering it personally; or(b) leaving it at the employee's last known address; or(c) sending it by pre-paid post to the employee's last known address.

Amount ofnotice or payment in lieu ofnotice

(2) The employer must not terminate the employee's employment unless:

(a) the time between giving the notice and the day of the termination is at least the period (the minimumperiod ofnotice) worked out under subsection (3); or

(b) the employer has paid to the employee (or to another person on the employee's behalf) payment in lieuof notice of at least the amount the employer would have been liable to pay to the employee (or toanother person on the employee's behalf) at the full rate ofpay for the hours the employee would haveworked had the employment continued until the end of the minimum period ofnotice.

(3) Work out the minimum period of notice as follows:

(a) first, work out the period using the following table:

PeriodEmployee's period of continuous service with the employerat the end of the day the notice is given

1 Not more than 1 year2 More than 1 year but not more than 3 years3 More than 3 years but not more than 5 years4 More than 5 years

Period

1 week2 weeks3 weeks4 weeks

(b) then increase the period by 1 week if the employee is over 45 years old and has completed at least 2years of continuous service with the employer at the end of the day the notice is given.

118 Modern awards and enterprise agreements may provide for notice of termination byemployees

A modern award or enterprise agreement may include terms specifying the period of notice anemployee must give in order to terminate his or her employment.


Subdivision B - Redundancy pay

119 Redundancy pay

Entitlement to redundancy pay

(1) An employee is entitled to be paid redundancy pay by the employer if the employee'semployment is terminated:

(a) at the employer's initiative because the employer no longer requires the job done by the employee to bedone by anyone, except where this is due to the ordinary and customary turnover of labour; or

(b) because of the insolvency or bankruptcy of the employer.

Note: Sections 121, 122 and 123 describe situations in which the employee does not have this entitlement.

Amount ofredundancy pay

(2) The amount of the redundancy pay equals the total amount payable to the employee forthe redundancy pay period worked out using the following table at the employee's baserate of pay for his or her ordinary hours of work:

Redundancy pay periodEmployee's period of continuous service with theemployer on termination

1 At least 1 year but less than 2 years2 At least 2 years but less than 3 years3 At least 3 years but less than 4 years4 At least 4 years but less than 5 years5 At least 5 years but less than 6 years6 At least 6 years but less than 7 years7 At least 7 years but less than 8 years8 At least 8 years but less than 9 years9 At least 9 years but less than 10 years10 At least 10 years

Redundancy payperiod

4 weeks6 weeks7 weeks8 weeks10 weeks11 weeks13 weeks14 weeks16 weeks12 weeks

120 Variation of redundancy pay for other employment or incapacity to pay


(a) an employee is entitled to be paid an amount of redundancy pay by the employer because of section119; and

(b) the employer:(i) obtains other acceptable employment for the employee; or(ii) cannot pay the amount.

(2) On application by the employer, FWA may determine that the amount of redundancy payis reduced to a specified amount (which may be nil) that FWA considers appropriate.

(3) The amount of redundancy pay to which the employee is entitled under section 119 is thereduced amount specified in the determination.


121 Exclusions from obligation to pay redundancy pay

(1) Section 119 does not apply to the termination of an employee's employment if,immediately before the time of the termination, or at the time when the person was givennotice of the termination as described in subsection 117(1) (whichever happened first):

(a) the employee's period of continuous service with the employer is less than 12 months; or(b) the employer is a small business employer.

(2) A modern award may include a term specifying other situations in which section 119does not apply to the termination of an employee's employment.

(3) If a modern award that is in operation includes such a term (the award term), anenterprise agreement may:

(a) incorporate the award term by reference (and as in force from time to time) into the enterpriseagreement; and

(b) provide that the incorporated term covers some or all of the employees who are also covered by theaward term,

122 Transfer of employment situations that affect the obligation to pay redundancy pay

Transfer ofemployment situation in which employer may decide not to recognise employee's service withfirstemployer

(1) Subsection 22(5) does not apply (for the purpose of this Subdivision) to a transfer ofemployment between non-associated entities in relation to an employee if the secondemployer decides not to recognise the employee's service with the first employer (for thepurpose of this Subdivision).

Employee is not entitled to redundancy pay ifservice with first employer counts as service with second employer

(2) If subsection 22(5) applies (for the purpose of this Subdivision) to a transfer ofemployment in relation to an employee, the employee is not entitled to redundancy payunder section 119 in relation to the termination of his or her employment with the firstemployer.

Note: Subsection 22(5) provides that, generally, ifthere is a transfer of employment, service with the first employer counts as service withthe second employer.


Employee not entitled to redundancy pay ifrefuses employment in certain circumstances

(3) An employee is not entitled to redundancy pay under section 119 in relation to thetermination of his or her employment with an employer (the first employeri if:

(a) the employee rejects an offer of employment made by another employer (the second employer) that:(i) is on terms and conditions substantially similar to, and, considered on an overall basis, no less

favourable than, the employee's terms and conditions of employment with the first employerimmediately before the termination; and

(ii) recognises the employee's service with the first employer, for the purpose of this Subdivision;and

(b) had the employee accepted the offer, there would have been a transfer of employment in relation to theemployee.

(4) If FWA is satisfied that subsection (3) operates unfairly to the employee, FWA may orderthe first employer to pay the employee a specified amount of redundancy pay (notexceeding the amount that would be payable but for subsection (3)) that FWA considersappropriate. The first employer must pay the employee that amount of redundancy pay.

Subdivision C - Limits on scope of this Division

123 Limits on scope of this Division

Employees not covered by this Division

(1) This Division does not apply to any of the following employees:

(a) an employee employed for a specified period of time, for a specified task, or for the duration of aspecified season;

(b) an employee whose employment is terminated because of serious misconduct;(c) a casual employee;(d) an employee (other than an apprentice) to whom a training arrangement applies and whose

employment is for a specified period of time or is, for any reason, limited to the duration of the trainingarrangement;

(e) an employee prescribed by the regulations as an employee to whom this Division does not apply.

(2) Paragraph (l)(a) does not prevent this Division from applying to an employee if asubstantial reason for employing the employee as described in that paragraph was toavoid the application of this Division.


Other employees not covered by notice oftermination provisions

(3) Subdivision A does not apply to:

(b) a daily hire employee working in the building and construction industry (including working inconnection with the erection, repair, renovation, maintenance, ornamentation or demolition ofbuildings or structures); or

(c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or(d) a weekly hire employee working in connection with the meat industry and whose termination of

employment is determined solely by seasonal factors; or(e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply.

Other employees not covered by redundancy pay provisions

(4) Subdivision B does not apply to:

(a) an employee who is an apprentice; or(b) an employee to whom an industry-specific redundancy scheme in a modem award applies; or(c) an employee to whom a redundancy scheme in an enterprise agreement applies if:

(i) the scheme is an industry-specific redundancy scheme that is incorporated by reference (and asin force from time to time) into the enterprise agreement from a modem award that is inoperation; and

(ii) the employee is covered by the industry-specific redundancy scheme in the modem award; or(d) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply.

Division 12 - Fair Work Information Statement

124 Fair Work Ombudsman to prepare and publish Fair Work Information Statement

(1) The Fair Work Ombudsman must prepare a Fair Work Information Statement. TheFair Work Ombudsman must publish the Statement in the Gazette.

Note: If the Fair Work Ombudsman changes the Statement, the Fair Work Ombudsman must publish the new version of theStatement in the Gazette.

(2) The Statement must contain information about the following:

(a) the National Employment Standards;(b) modem awards;(c) agreement-making under this Act;(d) the right to freedom of association;(e) the role of FWA and the Fair Work Ombudsman;(f) termination of employment;(g) individual flexibility arrangements;(h) right of entry (including the protection of personal information by privacy laws).


(3) The Fair Work Information Statement is not a legislative instrument.

(4) The regulations may prescribe other matters relating to the content or form of theStatement, or the manner in which employers may give the Statement to employees.

125 Giving new employees the Fair Work Information Statement

(1) An employer must give each employee the Fair Work Information Statement before, or assoon as practicable after, the employee starts employment.

(2) Subsection (1) does not require the employer to give the employee the Statement morethan once in any 12 months.

Note: This is relevant if the employer employs the employee more than once in the 12 months.

Division 13 - Miscellaneous

126 Modern awards and enterprise agreements may provide for school-based apprentices andtrainees to be paid loadings in lieu

A modern award or enterprise agreement may provide for school-based apprentices or schoolbased trainees to be paid loadings in lieu of any of the following:

(a) paid annualleave;(b) paid personal/carer's leave;(c) paid absence under Division 10 (which deals with public holidays).

Note: Section 199 affects whether FWA may approve an enterprise agreement covering an employee who is a school-based apprentice orschool-based trainee, if the employee is covered by a modem award that is in operation and provides for the employee to be paidloadings in lieu ofpaid annual leave, paid personal/carer's leave or paid absence under Division 10.

127 Regulations about what modern awards and enterprise agreements can do

The regulations may:

(a) permit modem awards or enterprise agreements or both to include terms that would or might otherwisebe contrary to this Part or section 55 (which deals with the interaction between the NationalEmployment Standards and a modem award or enterprise agreement); or

(b) prohibit modem awards or enterprise agreements or both from including terms that would or mightotherwise be permitted by a provision of this Part or section 55.


128 Relationship between National Employment Standards and agreements etc. permitted by thisPart for award/agreement free employees

The National Employment Standards have effect subject to:

(a) an agreement between an employer and an award/agreement free employee or a requirement made byan employer of an award/agreement free employee, that is expressly permitted by a provision of thisPart; or

(b) an agreement between an employer and an award/agreement free employee that is expressly permittedby regulations made for the purpose of section 129.

Note 1: In determining what matters are permitted to be agreed or required under paragraph (a), any regulations made forthe purpose of section 129 that expressly prohibit certain agreements or requirements must be taken into account.

Note 2: See also the note to section 64 (which deals with the effect of averaging arrangements).

129 Regulations about what can be agreed to etc. in relation to award/agreement free employees

The regulations may:

(a) permit employers, and award/agreement free employees, to agree on matters that would or mightotherwise be contrary to this Part; or

(b) prohibit employers and award/agreement free employees from agreeing on matters, or prohibitemployers from making requirements of such employees, that would or might otherwise be permittedby a provision of this Part.

130 Restriction on taking or accruing leave or absence while receiving workers' compensation

(1) An employee is not entitled to take or accrue any leave or absence (whether paid orunpaid) under this Part during a period (a compensation period) when the employee isabsent from work because of a personal illness, or a personal injury, for which theemployee is receiving compensation payable under a law (a compensation law) of theCommonwealth, a State or a Territory that is about workers' compensation.

(2) Subsection (1) does not prevent an employee from taking or accruing leave during acompensation period if the taking or accruing of the leave is permitted by a compensationlaw.

(3) Subsection (1) does not prevent an employee from taking unpaid parental leave during acompensation period.

131 Relationship with other Commonwealth laws

This Part establishes minimum standards and so is intended to supplement, and not tooverride, entitlements under other laws of the Commonwealth.


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