Industrial Relations Act 2016

To remove any doubt, it is declared that sick leave under section 40 is, and always has been, exclusive of a public holiday that falls during the leave.

Section 40, as in force from the commencement, and subsection (1) do not affect an existing industrial instrument, or a replacement industrial instrument, to the extent the instrument provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.

An existing industrial instrument is an industrial instrument—

in effect before the commencement; and

that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.

A replacement industrial instrument, in relation to an existing industrial instrument, is an industrial instrument—

made after the commencement; and

that covers the same, or substantially the same, employees as the existing industrial instrument; and

that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee to be the same, or substantially the same, as under the existing industrial instrument.