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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 3.7.12

Modifications in relation to personal/carer's leave

                For subclause 100 (2) of Schedule 6 to the Act, a preserved transitional award term about personal/carer's leave is to be treated, for the purposes of the application of Schedule 6 to the Act, as a separate preserved transitional award term about separate matters, to the extent that the preserved transitional award term is about any of the following:

                (a)    war service sick leave;

               (b)    infectious diseases sick leave;

                (c)    any other like form of sick leave.

Note 1    This regulation applies to a transitional award (other than a Victorian reference award) to the extent that the award regulates excluded employers in respect of the employment of employees in Victoria: see subclause 100 (1) of Schedule 6 to the Act.

Note 2    There is no entitlement to war service sick leave, infectious diseases sick leave or any other like form of sick leave under the Australian Fair Pay and Conditions Standard.

Therefore, if:

(a)   there are entitlements in relation to personal/carer's leave under the preserved transitional award term and the Australian Fair Pay and Conditions Standard; and

(b)   there is an entitlement to war service sick leave, infectious diseases sick leave or any other like form of sick leave under the preserved transitional award term;

the effect of this regulation is that the entitlement to war service sick leave, infectious diseases sick leave or any other like form of sick leave will continue to operate independently of the entitlement which applies in relation to personal/carer's leave under either the preserved transitional award term or the Australian Fair Pay and Conditions Standard.



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