26.2.2(a) Period of employment Day(s)

On completion of each 20 days continuous employment during the first 12 months, subject to a maximum of 15 days

On completion of 12 months' employment 			15
On completion of each additional 12 months' employment 	15

In any year, unused personal leave accrues at the rate of the lesser of:

26.2.2(c) Maximum accrual

Personal leave can therefore only accrue at a maximum rate of 15 days per year, such leave is cumulative.

26.3 Personal leave for personal injury or sickness (sick leave) An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

26.4 Personal leave to care for an immediate family or household member (carer's leave)

26.4.1 An employee is entitled to use up to 10 days personal leave, including accrued leave, each year to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, subject to the conditions set out in this clause.
26.4.2 By agreement between Australia Post and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 26.4.1, beyond the limit set out in 26.4.1. In such circumstances, Australia Post and the employee shall agree upon the additional amount that may be accessed.

26.5 Employee must give notice

The manager or another appropriate employee is informed, prior to the commencement of duty, if practicable, of the employee's inability to attend for duty. In the case of carer's leave the employee shall, wherever practicable, give Australia Post notice of the leave prior to the absence, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

26.6 Evidence supporting claim

26.6.1 An application for sick leave must be supported by the certificate of a duly qualified medical practitioner or other evidence approved by Australia Post.
26.6.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.
26.6.3 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to Australia Post or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

26.7 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. Australia Post and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days per occasion, provided the requirements of 26.5, 26.6.2 and 26.6.3 are met.

26.8 Sick leave without certificate

26.8.1 Despite 26.6.1 and subject to the availability of credits, Australia Post may grant sick leave without production of a medical certificate for up to 36 _ hours in any sick leave year, subject to any such leave not exceeding three continuous days.
26.8.2 Except as provided in 26.8.1, where sick leave is granted without production of medical evidence, such leave is without pay.

26.9 Sick leave debits

Sick leave taken by an employee is debited against available sick leave credits, except where sick leave taken on a public holiday, which but for the sick leave would have been observed, is not debited.

26.10 Illness during annual leave

If an employee produces satisfactory medical evidence of illness during annual leave, the absence will be recorded as sick leave and annual leave recredited accordingly, provided: 26.10.1 the employee has obtained a medical certificate;
26.10.2 the medical evidence indicates the employee was unfit for duty;
26.10.3 sick leave for not less than one day was needed;
26.10.4 sick leave credits are available; and
26.10.5 the medical evidence is provided at the time of illness or if that is not possible as soon as practicable thereafter.

26.11 Failure to produce satisfactory evidence

Despite anything else contained in this clause, where an employee has failed to produce satisfactory evidence to support an application for sick leave, Australia Post may direct that employee, in writing, that all future applications for sick leave for such period as is specified in the direction must be supported by evidence in accordance with 26.6.1.

26.12 Employee to provide medical report

26.12.1 Australia Post may require an employee to furnish a medical report or undergo an examination by a medical practitioner nominated by Australia Post where the employee:
26.12.1(a) may be unfit or incapable of discharging duties;
26.12.1(b) may be a danger to other employees or members of the public due to state of health;
26.12.1(c) has been absent through illness for a continuous period exceeding 13 weeks;
26.12.1(d) has been absent through illness and the authorised employee believes that the employee is not fit to resume duty.
26.12.2 An employee who is required to furnish a medical report or undergo a medical examination under 26.12 must do so as soon as practicable.

26.13 Maximum period

The maximum period of absence which may be approved with pay in respect of a continuous absence through illness is 52 weeks.

26.14 Sick leave without pay

An employee who has exhausted all leave allowable with pay may be granted leave without pay, provided that:
26.14.1 in respect of the first year of continuous employment, the aggregate period of any sick leave without pay must not exceed 20 days; and
26.14.2 in respect of any continuous period of absence thereafter, leave with and without pay must not exceed 78 weeks.

26.15 Invalidity retirement date

The retirement of an employee on the ground of invalidity shall not, except with the consent of the employee, be effected earlier than the date on which the employee's sick leave credit is exhausted. However this is subject to the following:
26.15.1 the continuous period for which an employee may be granted sick leave on full pay immediately prior to retirement must not exceed 52 weeks;
26.15.2 a further credit of sick leave does not accrue subsequent to the date of the decision to retire the employee.

26.16 Reappointment after retirement

An employee who has been retired on invalidity grounds, if subsequently reappointed, is to be re-credited with the sick leave credits held immediately prior to retirement.

26.17 War service sick leave

Despite anything contained in this clause, where satisfactory medical evidence is produced that absence from duty was on account of illness which originated from war service, the employee may be granted war service sick leave. War service sick leave is paid leave, and counts as service for all purposes. Where war service sick leave credits have expired, the employee may apply for sick leave under this clause.

26.18 Recognition of prior public employment

26.18.1 Continuous employment with one or more other public employers may be regarded as service with Australia Post for sick leave purposes. For permanent employees, employment is regarded as continuous if any break in public employment does not exceed two months.
26.18.2 Public employers in this provision has the same meaning as public employers who are covered by the prior service provisions of the Long Service Leave (Commonwealth Employees) Act 1976.

5. By deleting clause 27 - Bereavement leave and inserting the following clause in its place:

27. BEREAVEMENT LEAVE

27.1 Paid leave entitlement

An employee is entitled to up to three days leave as bereavement leave on each occasion of the death in Australia of either a member of the employee's immediate family or household.

27.2 Unpaid bereavement leave

An employee may take unpaid bereavement leave by agreement with Australia Post.

27.3 Immediate family or household

27.3.1 Conditions of bereavement leave The entitlement to use bereavement leave is subject to the person being either:
27.3.1(a) a member of the employee's immediate family; or
27.3.1(b) a member of the employee's household

27.4.2 Immediate family

The term immediate family includes:
27.4.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as the husband or wife of that employee on a bona fide domestic basis; and
27.4.2(b) child or an adult child (including an adopted child, a stepchild or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

6. By deleting clause 28 - Personal leave and inserting the following clause in its place:

28. PARENTAL LEAVE

Subject to the terms of this clause, employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. The provisions of this clause apply to permanent and fixed term full-time and part-time employees and eligible casual employees, but do not apply to other casual employees.

An eligible casual employee means a casual employee:
(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and
(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.
For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).
An employer must not fail to re-engage a casual employee because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental leave. The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
An eligible casual employee currently employed by their current employer, on or prior to 1 January 1998, shall be entitled to parental leave under the term of the award as of 4 July 2001.
An eligible casual employee employed on or after 4 July 2001 shall be entitled to parental leave under the terms of the award as of 4 July 2002.

28.1 Definitions

28.1.1 For the purpose of this clause child means a child of the employee under school age or a child under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.
28.1.2 Subject to 28.1.3, in this clause, spouse includes a de facto or former spouse.
28.1.3 In relation to 28.4 (Adoption leave), spouse includes a de facto spouse but does not include a former spouse.

28.2 Basic entitlement

28.2.1 After twelve months continuous service, an employee who becomes a parent is entitled to a total of 52 weeks parental leave in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

28.3 Maternity leave

28.3.1 An employee is entitled to maternity leave in accordance with the Maternity Leave (Commonwealth Employees) Act 1973.
28.3.2 Special maternity leave Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

28.4 Paternity leave

28.4.1 An employee is entitled to unpaid paternity leave for up to 52 weeks after the birth of a child of a spouse.
28.4.2 An employee will provide to Australia Post at least ten weeks prior to each proposed period of paternity leave, with:
28.4.2(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
28.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave.
28.4.3 The employee will not be in breach of 28.4.2 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

28.5 Adoption leave

28.5.1 An employee is entitled to adoption leave for up to 52 weeks after the adoption of a child.
28.5.2 The employee will notify Australia Post at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
28.5.3 Australia Post may require an employee to provide confirmation from the appropriate government authority of the placement.
28.5.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify Australia Post immediately and Australia Post will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.
28.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
28.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, Australia Post may require the employee to take such leave instead.

28.6 Variation of period of parental leave

Unless agreed otherwise between Australia Post and employee, an employee may apply to Australia Post to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

28.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or longer as agreed under 28.11.1.

28.8 Transfer to a safe job

28.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if Australia Post deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
28.8.2 If the transfer to a safe job is not practicable, the employee may elect, or Australia Post may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

28.9 Returning to work after a period of parental leave

28.9.1 An employee will notify their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
28.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 28.8, the employee will be entitled to return to the position they held immediately before such transfer.
28.9.3 Where such position no longer exists but there are other positions available for which the employee is qualified and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

28.10 Replacement employees

28.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
28.10.2 Before Australia Post engages a replacement employee, it must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

28.11 Right to request

28.11.1 An employee entitled to parental leave pursuant to the provisions of this clause may request Australia Post to allow the employee:
28.11.1(a) to extend the period of unpaid parental leave provided for in 28.3, 28.4 and 28.5 by a further continuous period of leave not exceeding 12 months;
28.11.1(b) to return from a period of parental leave on a part-time basis until the child reaches school age, to assist the employee in reconciling work and parental responsibilities.
28.11.2 Australia Post shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or Australia Post's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

28.12 Communication during parental leave

28.12.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, Australia Post shall take reasonable steps to:
28.12.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
28.12.1(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
28.12.2 The employee shall take reasonable steps to inform Australia Post about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
28.12.3 The employee shall also notify Australia Post of changes of address or other contact details which might affect Australia Post's capacity to comply with 28.12.1.

B. This order shall come into force from the first pay period to commence on or after 15 February 2006 and shall remain in force for a period of six months.

BY THE COMMISSION: COMMISSIONER

Status AW766597 PR969602 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996 s.113 application to vary an award

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (C2005/6213)

AUSTRALIA POST GENERAL CONDITIONS OF EMPLOYMENT AWARD 1999 (ODN C No. 25759 of 1989) [AW766597 PR905308]

Postal services
COMMISSIONER FOGGO MELBOURNE, 10 MARCH 2006
Family provision decision.