Division 2 Particular conditions of employment in
21 Conditions to be provided in awards on
(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
(2) However, those ordinary hours may be averaged over a period not
exceeding 52 weeks in the case of seasonal
(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
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
25 Provisions relevant to technological change
Provisions relevant to technological change may include provisions
(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
(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
(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
27 Prohibition on cashing-in of accumulated sick
(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
(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,
(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