Division 2 Particular conditions of employment in awards

21   Conditions to be provided in awards on application

(1)  The Commission must, on application, make an award setting any of the following conditions of employment:

(a)  ordinary hours of employment,

(b)  equal remuneration and other conditions for men and women doing work of equal or comparable value,

(c)  employment protection provisions,

(d)  provisions relevant to technological change,

(e)  sick leave,

(f)  part-time work,

(g)  casual work.

(2)  Those conditions are to be set:

(a)  in accordance with any relevant requirement of this Division and any other provision of this Act, and

(b)  with due regard to any established principles of the Commission or other matters considered relevant.

(3)  Those conditions may be set in a new award or by the variation of an existing award.

(4)  This section applies even though there is an existing award dealing with the matter.

22   Maximum ordinary hours of employment

(1)  The number of ordinary working hours of an employee when set by an award must not exceed 40 hours per week, averaged over a 12 week period.

(2)  However, those ordinary hours may be averaged over a period not exceeding 52 weeks in the case of seasonal employment.

(3)  The ordinary working hours of an employee cannot be reduced by an award unless the reduction is made by a Full Bench of the Commission.

23   Equal remuneration and other conditions

Whenever the Commission makes an award, it must ensure that the award provides equal remuneration and other conditions of employment for men and women doing work of equal or comparable value.

24   Employment protection provisions

Employment protection provisions in an award are to be provisions relating to the obligations and rights of an employer and an employee on the termination or proposed termination of employment of the employee.

25   Provisions relevant to technological change

Provisions relevant to technological change may include provisions as to:

(a)  the obligations of an employer on the introduction of technological change in the industry concerned, and

(b)  the giving of notice of termination of services to employees and relevant organisations on account of the introduction of technological change (including the minimum period of notice).

26   Minimum sick leave entitlements

(1)  Sick leave when set by an award must include provisions under which:

(a)  each employee is entitled to not less than one week of sick leave on full pay for each year of service with an employer, and

(b)  sick leave accumulates from year to year for at least 3 years, that is, sick leave not taken in each year of service will be available to the employee for a period of at least 3 years from the end of each such year.

(2)  Nothing in this Division prevents the Commission from making or varying awards relating to the conditions under which sick leave may be taken or imposing limitations on the amount of sick leave that may be accumulated by an employee.

27   Prohibition on cashing-in of accumulated sick leave

(1)  An award must not allow or require an employee to cash-in the employee’s accumulated sick leave.

(2)  Accumulated sick leave is cashed-in if the leave is not taken and a payment is made by the employer to or on behalf of the employee of the amount of remuneration for the period of accumulated leave or of any other amount calculated by reference to that period.

(3)  It is immaterial when the accumulated sick leave is to be cashed-in, including on termination of employment (whether by resignation, retirement, death or otherwise) or during the period of employment.

(4)  A provision of an award, whether made before or after the commencement of this section, does not have any effect to the extent that the provision contravenes this section.

(5)  In this section, award includes:

(a)  a former industrial agreement, and

(b)  a public sector industrial agreement.

Note. The above section does not apply to the cashing-in of sick leave under an enterprise agreement. Clause 14 of Schedule 4 preserves the cashing-in under an existing award of accumulated sick leave accrued before 15 February 1993, the date of commencement of section 99A of the Industrial Relations Act 1991 which was the predecessor of the above section.

28   Other provisions not affected

Nothing in this Division affects:

(a)  the requirements of this Part for the making or varying of awards, or

(b)  the powers of the Commission and the Industrial Registrar under sections 18 and 125 (provisions relating to Commission granting exemptions from awards and Industrial Registrar issuing special wage permits).