What is the purpose of this policy?

The purpose of this policy is to outline the various types of leave available to employees along with required conditions relevant to accessing such leave. This policy aims to reflect minimum legislative requirements.

This policy does not deal with parental leave. Provisions relating to parental leave can be found under our separate Parental Leave Policy.

Who can use this policy?

This leave policy is made for employers across Australia, who are National System Employers, for various types of leave under the National Employment Standards and the Fair Work Act 2009 (Cth) (Fair Work Act), with a few exceptions:

• Non-constitutional corporation employers in Western Australia (e.g. partnerships, sole traders, unincorporated associations)
• State public sector employers (except in Victoria)
• Local Government employers (except in Tasmania and Victoria)

Excluded employers should seek legal advice before using this contract to ensure compliance with legislation and other legal requirements that may apply.

Who is covered by this policy?

All employees may be covered by this policy, noting that casual employees are often not entitled to various forms of paid leave and other benefits.

Considerations for employers

When determining employees' leave entitlements, employers should assess whether individuals are covered by a modern award or enterprise agreement, as these instruments may stipulate leave provisions that differ from those outlined in the National Employment Standards and the Fair Work Act. Generally, if a modern award or enterprise agreement provides an employee with more favourable benefits than those offered by the National Employment Standards and the Fair Work Act, the relevant provisions of the modern award or enterprise agreement will take precedence.

An example of this is annual leave loading, which is not included in the National Employment Standards or the Fair Work Act but is included in several modern awards.

Additionally, employers should review individual employment agreements to ensure compliance with any specific clauses regarding employee leave entitlements.

Entitlements to long service leave vary between the states and territories. Employers should consult with relevant state/territory legislation (for example, the Long Service Leave Act 1955 (NSW) and the Long Service Leave Act 2018 (VIC)) for specific requirements surrounding long service leave.

Does this policy require consultation with employees prior to adoption?

In Australia, some workplace policies require consultation with employees before they can be implemented by a company. This requirement is set out in legislation, awards, and enterprise agreements.

This policy may require consultation with employees before it is implemented, but a company should consult with their employees before implementing any new or amended workplace policy as a matter of best practice, even when they are not legally required to do so.

This is a general statement. Always refer to any relevant modern award(s) or enterprise agreement that may apply to the company’s employees to determine if the company needs to consult with its employees before implementing this policy.