An150130 Retail Industry (South Australia) Award

part-time employee accrues pro rata hours in accordance with the following formula:

76	x	average weekly ordinary hours
38		over the previous 12 months.

7.3.2.2(b) An employee’s personal leave accumulates from year to year and any personal leave taken by the employee is deducted from the employee’s personal leave credit.

7.3.3 Conditions for payment of personal leave
The employee is not entitled to payment for personal leave unless:
7.3.3.1 The employee gives the employer notice of the sickness, its nature and estimated duration before the period for which personal leave is sought begins (but if the nature or sudden onset of the sickness makes it impracticable to give the notice before the period begins, the notice is validly given if given as soon as practicable and not later than 24 hours after the period begins);
and
7.3.3.2 The employee, at the request of the employer, provides a medical certificate or other reasonable evidence of sickness.
7.3.3.3 The employee is entitled to payment at the employee’s ordinary rate of pay (not including payments in the nature of penalty rates, overtime, allowances or loadings) for a period of personal leave.
7.3.4 Interpretation
For the purposes of this clause:
7.3.4.1 An employee who is too sick to work includes a person suffering personal injury but it does not include a person suffering an injury for which compensation is payable under the Workers Rehabilitation and Compensation Act 1986 (SA).
7.3.4.2 A part-time employee includes a person who has been employed for part of the year as a full-time employee and part of the year as a part-time employee (in other words, where an employee has been employed during a 12 month period partly as a part-time employee and partly as a full-time employee, the averaging provisions shall be implemented).
7.3.4.3 Reasonable evidence of sickness includes a Statutory Declaration, but only with respect to absences of up to three consecutive days and only with respect to an entitlement to personal leave under clause 7.3.1.
7.3.4.4 Personal leave credit means the entitlement to personal leave that an employee has accrued pursuant to clause 7.3.2 and which is unused. It includes personal leave accrued under any other pre-existing Award, Industrial Agreement, Enterprise Agreement or order of the Commission relating to the industry of the occupations to which this Award relates, provided that the employee remains in the employment of the same employer or, in the event of a transfer of employment within the meaning of clause 1.7.5.1(g), in the employment of a successor, assignee or transmittee of the first employer’s business.
CLAUSE 7.4 BEREAVEMENT LEAVE

OPDATE 15:03:2006 1st pp on or after

7.4.1 Entitlement to leave
7.4.1.1 An employee other than a casual employee, on the death of a:

• 
  spouse;
  
• 
  parent;
  
• 
  parent-in-law;
  
• 
  sister or brother;
  
• 
  child or step-child; or
  
• 
  household member,
  

is entitled, on reasonable notice, to leave up to and including the day of the funeral of the relative. This leave is without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days work. Proof of death must be furnished by the employee to the satisfaction of the employer if requested.

7.4.2 Unpaid entitlement to leave
An employee may take unpaid bereavement leave by agreement with the employer.
7.4.3 Effect of other leave
This clause has no operation where the period of entitlement to this leave coincides with any other period of leave.
CLAUSE 7.5 PARENTAL LEAVE

OPDATE 15:03:2006 1st pp on or after

Refer to Schedule 9.
CLAUSE 7.6 PUBLIC HOLIDAYS

OPDATE 15:03:2006 1st pp on or after

7.6.1 If an employee (other than a casual employee) is not required by the employer to work any part of the employee's ordinary hours on a public holiday, the employee is entitled to be absent from work on that public holiday. An employee absent from work on a public holiday in accordance with this clause must be paid the appropriate wages for the number of ordinary hours that the employee would have worked if it had not been a public holiday.
7.6.2 Where a full-time or part-time employee is absent from employment on the working day before or after a public holiday without reasonable excuse or without the consent of the employer, the employee is not entitled to payment for the public holiday.
7.6.3 Public holidays are the days (or substitute days) on which the following holidays are observed:

New Year's Day	Adelaide Cup Day
Australia Day	Queen's Birthday
Good Friday	Labour Day
The day after Good Friday	Christmas Day
Easter Monday	Proclamation Day
Anzac Day