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EMPLOYEE ENTITLEMENTS FOR PROVISION OF LEAVE

Overview

The NES (National Employment Standards) have minimum entitlements for permanent employees to receive leave.

These forms of leave are designed to help an employee deal with personal illness, caring responsibilities, family emergencies, family and domestic violence and the death or serious illness of close family members.

Sick & Carer’s Leave (also known as personal leave)

When can sick and carer’s leave be taken?

An employee can take paid sick leave when they can’t work/are unfit for work because of a personal illness or injury. This can include stress and pregnancy related illnesses.

An employee can take paid carer’s leave to provide care or support to a member of their immediate family or household who is sick, injured or has an unexpected emergency.

A member of immediate family means:

• Spouse or former spouse
• De facto partner or former de factor partner
• Child
• Parent
• Grandparent
• Grandchild
• Sibling, or a
• Child, parent, grandparent, grandchild or sibling of the employee’s spouse or de factor partner

This definition also includes step relations as well as adoptive relations.

Who gets paid sick and carer’s leave?

All employees except casuals are entitled to paid sick and carer’s leave. Casual employees are entitled to unpaid sick and carer’s leave.

How much paid sick and carer’s leave does an employee get?

Sick and carer’s leave comes under the same leave entitlement. It is also known as personal leave.

Employees get:

• 10 days each year for full time employees
• Pro rata of 10 days each year depending on their hours of work for part time employees.

How does paid sick and carer’s leave accumulate?

Full-time and part-time employees accumulate sick and carer’s leave progressively during a year of service. It starts from an employee’s first day of work and is based on the number of ordinary hours they work.

The balance at the end of each year carries over to the next year.

Sick and carer’s leave accumulates when an employee is on:

• paid leave such as paid annual leave and paid sick and carer’s leave
• community service including jury duty
• long service leave

Sick and carer’s leave does not accumulate when an employee is on:

• unpaid annual leave or unpaid sick and carer’s leave
• unpaid parental leave
• unpaid family and domestic violence leave

How much paid sick and carer’s leave can an employee take?

An employee can take as much paid sick or carer’s leave as they have accumulated if they are unfit for work due to illness or injury.

Long periods of sick leave / Protection from dismissal while on sick leave

Employees who are away from work temporarily due to illness or injury may be protected from being dismissed:

To be protected from dismissal during a temporary absence from work:

• The total time away due to illness or injury must be less than 3 consecutive months, or a total of less than 3 months over a 12-month period
• Employees can be taking paid, unpaid or a combination of both during their absence
• Employees need to provide evidence of their illness or injury

An employee is no longer protected from being dismissed (even if they provide evidence) if:

• The total length of their absence due to illness or injury is more than 3 consecutive months, or a total of more than 3 months over a 12-month period
• Over that period, they’ve only taken unpaid leave.

*Employees who take a period of sick leave that is paid the whole time are protected from dismissal regardless of how long they’re on leave.

Unpaid Carer’s leave

All employees, including casual employees are entitled to 2 days unpaid carer’s leave.

Employees get 2 days unpaid carer’s leave each time an immediate family member or household member of the employee needs care and support because of:

• Illness
• Injury, or
• An unexpected emergency

*Full-time and part-time employees can only get unpaid carer’s leave if they don’t have any paid sick/carer’s leave left.

Taking unpaid carer’s leave

Unpaid carer’s leave can be taken:

• In 1 continuous period (eg. 2 working days in a row), or
• In separate periods as agreed between the employee and employer (eg. 4 half days may be taken in a row)

Compassionate /Bereavement Leave

All employees (including casual employees) are entitled to compassionate leave (also known as bereavement leave).

Compassionate leave can be taken when a member of an employee’s immediate family or household:

• dies, or
• contracts or develops a life-threatening illness or injury.

A member of immediate family means:

• Spouse or former spouse
• De facto partner or former de factor partner
• Child
• Parent
• Grandparent
• Grandchild
• Sibling, or a
• Child, parent, grandparent, grandchild or sibling of the employee’s spouse or de factor partner

This definition also includes step relations as well as adoptive relations.

Employees will be able to take compassionate leave for other relatives (eg. Cousins, aunts and uncles) if they are a member of the employee’s household, or if the employer agrees to this.

Amount of Compassionate leave

All employees are entitled to 2 days compassionate leave each time an immediate family or household member dies or suffers a life-threatening illness or injury.

The compassionate leave can be taken as:

• A single continuous 2-day period, or
• 2 separate periods of 1 day each, or
• Any separate periods the employee and employer agree.

An employee does not accumulate compassionate leave and it doesn’t come out of their sick or carer’s leave (or annual leave) balance. It can be taken at any time an employee needs it.

If an employee is already on another type of leave (eg. annual leave) and needs to take compassionate leave, the employee can use compassionate leave instead of the other leave.

Payment of Compassionate leave

Full-time and part-time employees receive paid compassionate leave and casual employees receive unpaid compassionate leave.

Full-time and part-time employees are paid at their base pay rate for the ordinary hours they would have worked during the leave.

Compassionate leave can’t be cashed out.

Notice and Evidence

An employee taking compassionate leave must give their employer notice as soon as they can (this may be after the leave has started).  The employee must tell the employer of the period, or expected period, of the leave as soon as they know it.

An employer can request evidence about the compassionate leave (eg. death/funeral notice or statutory declaration) but the request must be reasonable. The employee may not be paid for the leave if they do not provide the requested notice.

Annual Leave

Annual leave (also known as holiday pay) allows an employee to be paid while having time off from work, and all employees (except for casual employees) get paid annual leave.

Full-time and part-time employees get 4 weeks of annual leave, based on their ordinary hours of work and it is paid at the employee’s base rate of pay for all ordinary hours worked.

How does annual leave accumulate?

Annual leave accumulates from the first day of employment, even if an employee is in a probation period.

The leave accumulates gradually during the year and any unused annual leave will roll over from year to year.

Annual leave accumulates when an employee is on:

• paid leave such as paid annual leave and paid sick and carer’s leave
• community service including jury duty
• long service leave

Annual leave does not accumulate when an employee is on:

• unpaid annual leave or unpaid sick and carer’s leave
• unpaid parental leave
• unpaid family and domestic violence leave

Leave also does not accumulate for a period of annual leave that has been cashed out.

When can annual leave be taken?

Annual leave can be taken as soon as it is accumulated and does not have to be taken each year. It is up to each employer and employee to agree on when and for how long annual leave can be taken.

However, the employer must not unreasonably refuse an employee’s request to take annual leave. There is no minimum or maximum period of annual leave that can be taken.

An employee is not on Annual leave if the period during which an employee takes annual leave:

• Includes a day or part-day that is a public holiday
• Includes a period of any other leave (other than unpaid leave), or a period of absence from employment due to community service (eg. jury duty).

Direction to take annual leave / Excessive annual leave

An employer can generally direct an employee to take annual leave, but only if the requirement is considered reasonable. For example:

• the employee has an excessive annual leave balance (eg. 8 weeks of annual leave or more)
• the employer’s business is being shut down for a period (such as Christmas and New Year).

The needs of the employee and the employer need to be taken into consideration as well as the timing, and length of the period of notice given.

Can annual leave be cashed out?

An employer and employee may come to an agreement to cash out annual leave, however the following should always apply:

• The employee must retain at least 4 weeks annual leave (unless a smaller leave balance is agreed to by the employer
• There must be a signed, written agreement with their employer on each occasion that outlines the amount of leave being cashed out, the amount they will be paid and the date it will be paid
• The payment for the cashed out leave must be the same as what the employee would have bene paid if they took the leave

Family and domestic violence leave

An employee (including a casual employee) is entitled to five days of unpaid family and domestic violence leave each year.

Employees are entitled to the full five days from the day they start work. They don’t have to build it over time.

The five days renew each 12 months but do not accumulate from year to year if not used.

Employees can take the leave if they need to do something to deal with the impact of family and domestic violence and its impractical to do so outside of their ordinary hours of work

For example, this could include:

• Making arrangements for their safety, or safety of a family member (including relocation)
• Attending court hearings
• Accessing police services.

This leave doesn’t need to be taken all at once and can be taken as single or multiple days.

An employer and employee can also agree for an employee to take less than one day at a time, or for the employee to take more than five days.

Notice and evidence requirements

An employer can ask their employee for evidence that shows the employee took the leave to deal with family and domestic violence. If the employee doesn’t provide the requested evidence, they may not be granted the leave.

The evidence has to convince a reasonable person that the employee took the leave to deal with the impact of domestic violence

Types of evidence can include:

• Documents issued by the police
• Documents issued by a court
• Family violence support service documents, or
• a statutory declaration

Employers can ask employees to provide evidence for as little as one day or less off work.

Confidentiality

Employers have to take reasonable steps to keep any information about an employee’s situation confidential, when they receive it as part of an application for leave.

Employers need to be aware that any information about an employee’s experience of family or domestic violence is sensitive and if mishandled, it could have adverse consequences for their employee. Employers should work with the employee to discuss and agree on how the information will be handled.

However…

Employers are not prevented from disclosing information if:

• It’s required by law, or
• is necessary to protect the life, health or safety of the employee or another person.

AUSTRALIAN VETERAN GOLF CHAMPIONSHIP 2019
TERMS AND CONDITIONS

Management: The tournament shall be under the management and control of the Tournament Committee, whose decision on all matters relating to the tournament shall be final. The Management Committee reserves the right to make amendments or changes as required prior to and during the Championship.

Closing Date: Entries will close on 30 June 2019, if not full prior. The tournament will be limited to 460 players. The Tournament Committee reserves the right to refuse entry once capacity is exceeded.

Eligibility:

Men: Entry for the AUSTRALIAN VETERAN GOLF CHAMPIONSHIP is open to male golfers born prior to 11 November 1964 who are current members of a Veterans Group affiliated with the AVGU and have a current GA Handicap and a Golf Link number.

Ladies: Entry for the AUSTRALIAN LADIES VETERAN GOLF CHAMPIONSHIP is open to female golfers born prior to 11 November 1969 who hold a current GA Handicap and Golf Link Number, are either current members of a Veterans Group affiliated with the AVGU or are partners of male championship entrants. In States that do not admit ladies as full members, the Tournament Committee reserves the right to accept ladies entries on application.

Rules: Play will be conducted in accordance with the Royal & Ancient Rules of Golf as available at http:/www.randa.org/ and the Local Rules and Temporary Local Rules applicable at the courses being played.

Events:

4BBB Medley Stableford

There will be a 4BBB Medley stableford event on Monday 11 November 2019 for all entrants – partners may be nominated – played at Country Club Tasmania, Launceston and Riverside Golf Clubs including nearest the pin competitions.

Mens & Ladies AVGU Championships

The Mens AVGU Championship will be played over 54 holes stroke in three grades with a concurrent 54 hole single stableford competition in conjunction. Championship rounds will be conducted on Tuesday 12 November, Thursday 14 November and Friday 15 November, each day at Country Club Tasmania, Launceston and Riverside Golf Clubs.

The Ladies AVGU Championship will be played over 54 holes stroke in grades which will be determined according to entry numbers with a concurrent 54 hole single stableford competition in conjunction. Championship rounds will be conducted on Tuesday 12 November, Thursday 14 November and Friday 15 November, each day at Country Club Tasmania, Launceston and Riverside Golf Clubs.

Should there be a tied score in either of the above AVGU Overall Championships the winners will be decided by a countback of total scores in the final round, then the second round, then the first round. If still tied, a standard countback will be held on the final round. All other tied scores shall be decided in countback order. Winners of the championship major trophies (Overall and Grades Gross and Nett Stroke) will be ineligible to win ancillary 54 hole Stableford competitions

Daily stroke and stableford competitions, nearest the pin and hole in one competitions will be conducted at each course over the championships.

Grades:
Championship Grades for Mens and Ladies will be determined by GA Handicaps on Sunday 10 November 2019. However, preliminary grades will be issued, based on GA handicaps on 10 October 2019.

Grades will remain for the duration of the Championships. Grades for Mens & Ladies are subject to change based on finalised entries.

Handicaps: Handicaps for all players will be as at 11 November 2019 and will remain for the 54 holes, subject to slope adjustment of the course being played. For the daily events, handicaps may be adjusted as determined by daily Golf Link assessment.

Draws: The DRAFT DRAWS for the Monday 4BBB Medley venues and pairs (nominated or allocated) and for the Championships, will be published no later than 1 November 2019. The FINAL DRAWS will be issued at Registration day on Sunday 10 November 2019.

Grades for the Mens Championship will be drawn to play one round each at Country Club Tasmania, Launceston and Riverside as per tournament schedule.

Grades for the Ladies Championship will be drawn to play one round each at Country Club Tasmania, Launceston and Riverside as per tournament schedule.

Players grading and draws will not be affected by handicap adjustments in the interim to 11 November 2019. Players will remain in their allocated grades throughout the championship rounds based on their GA Handicaps as at 11 November 2019.

Cards and Protests: Must be lodged within 15 minutes of completion of the player’s round on the day. The decision of the Match Committee shall be final. Doubt as to procedure during play – rule 3-3 of the Rules of Golf applies.

Bad Weather: It is a condition of competition that, in potentially dangerous situations play must be discontinued immediately following a suspension of play by the committee. Procedures for discontinuance of play will be notified by the individual clubs in their Competition Conditions or Local Rules.

If a player fails to discontinue play immediately, the player shall be disqualified unless circumstances warrant waiving such penalty, as provided in Rule 33 – 7.

If any conditions occur which prevent the completion of any round of the scheduled events on any day, on any course, that round for the affected grade, shall be cancelled.

If the course you are scheduled to play is closed, golfers in that draw will receive a voucher for a round of golf at that course (voucher valid for 6 months / 3 months for Tasmanians).

Golf Carts Usage: Due to limited availability the committe reserves the right to prioritise motorised cart usage for medical conditins and a doctor’s certificate is required. To drive a motorised cart, competitors must have a current driver’s licence and have previous experience driving a golf cart. In the event of an accident, the driver is responsible for the costs to repair the cart and any property damaged as well as being liable for any personal injury claims. A waiver must be signed prior to usage.

Mobile Phones: Any golfer who must carry a mobile phone on the golf course should ensure that it is turned to silent at all times and only used in case of an emergency.

Dress Code: All competitors should be smartly attired both on the course and in the club house. Mens shirts must have a collar. Shorts and slacks should be tailored (no cargo pants/shorts). Women may wear Bermuda shorts. Track suits and the like, abbreviated denim or boxer shorts, tee shirts, singlets and tank tops, denim jeans or thongs are not permitted on the courses or in the club houses. Soft spikes are mandatory. Dress for the Presentation Dinner is smart casual.

Cancellation: Applications for refunds received in writing prior to 1 October 2019 will be subject to a $100 cancellation fee. No refund will be provided for cancellations after 1 October 2019. We recommend you take out suitable travel insurance at time of booking. Refunds for cancelled accommodation will be subject to the standard terms and conditions of each property.

Publicity / Promotion: Tournament committee may arrange media promotion and publicity before, during and after the Championship. Competitors assent to pictures of them appearing and being used for purposes determined by Go Golfing and the 2019 Australian Veteran Golf Championship Tournament Committee.

Indemnity Disclaimer: By signing the Indemnity Disclaimer on the tournament entry form or registering online, competitors agree to participate in the 2019 Australian Veteran Golf Championship at their own risk. The tournament committee, sponsors, host golf clubs and other suppliers of goods and services accept no liability for any death, injury, property loss or damage incurred during or arising out of any aspect of the conduct of the Championship.

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 Book an appointment – 1300 998 100 or visit www.regis.com.au

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The Launceston City Council has generously agreed to support the 2019 Australian Veteran Golf Championship as Host City.Our event will showcase Launceston and the surrounding Tamar Valley as a premier tourist destination.Extensive information about Launceston attractions is available at www.destinationlaunceston.com and close liaison with the City of Launceston and the Launceston Visitor Information Centre will deliver accurate and up-to-date guidance for tourists. Armed with information from these sources, golfers and non-playing visitors will be encouraged to extend their stay, and also to use the rest day in the middle of the championship week to explore the unique attractions of Launceston and the surrounding region. www.northerntasmania.com.au

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Country Club Tasmania will provide its outstanding accommodation, golfing and hospitality facilities to support the 2019 Australian Veteran Golf Championship.
Country Club Tasmania will host event registration facilities, the welcome cocktail function on Monday 11 November 2019, and daily post-match presentations. An exclusive range of accommodation options has been negotiated at highly competitive tariffs specially crafted for golfing visitors, and golf practice and recreation facilities are also available. https://www.countryclubtasmania.com.au/

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SeaRoad is an established successful privately owned Australian integrated transport and logistics service provider specialising in Bass Strait shipping and logistics. SeaRoad provides quality, customer focused services through purpose-built RoRo shipping vessels and a logistics infrastructure which is optimally suited to Bass Strait shipping requirements. http://www.searoad.net/

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The Australian Veteran Golfers Union National Championship Tasmania is supported by the Tasmanian Government through Events Tasmania
Events Tasmania www.eventstasmania.com
Discover Tasmania www.discovertasmania.com

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