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reg 12

Non‑attendance days

In force
Part 2Prescribed employees
Division 2Leave and non‑attendance days

12 Non‑attendance days

(1)

Subject to this regulation, a prescribed employee is entitled to non‑attendance days as follows:

(a)

such non‑attendance days as are specified in an applicable industrial award or agreement; but

(b)

if a determination by the board in relation to non‑attendance day entitlements is at any time in force—such non‑attendance days as are specified in that determination.

(2)

The entitlement of a prescribed employee to non‑attendance days is subject to any conditions that the board may from time to time determine and specify in non‑attendance day determinations.

(3)

A determination referred to in subregulation (1)(b) or (2)—

(a)

may relate to prescribed employees of a specified class; and

(b)

cannot provide for non‑attendance day entitlements that are less than those that would, but for that determination, apply under an applicable industrial award or agreement.

(4)

A part‑time prescribed employee is entitled to pro rata non‑attendance days in respect of their hours of duty.

(5)

Non‑attendance days accrue on an annual basis in respect of completed years of service, but if a prescribed employee resigns or retires before the end of a given year of service, the employee is in respect of that year entitled to payment of non‑attendance day entitlements on a pro rata basis.

(6)

The Chief Executive may require a prescribed employee to take non‑attendance days at specified times and if a prescribed employee who has not completed a year of service is so required, non‑attendance days will be granted on a pro rata basis.

(7)

Non‑attendance days must be taken within 1 year of accrual.

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