AN170096 – Silviculture and Afforestation Award
(a) An employee shall on the death within Australia of a wife, husband, mother, father, parents-in-law, brother, sister, child, or stepchild, be entitled on notice to leave up to and including the day of the funeral of such relation (or where made necessary because of travel arrangements, the day after the funeral), and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days of work. Proof of such death shall be furnished by the employee to the satisfaction of the employer.
PROVIDED that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.
For the purpose of this clause the words ‘wife’ and ‘husband’ shall include a person who lives with the employee as a de facto wife or husband.
PROVIDED FURTHER that, with the consent of the employer, which consent shall not be Unreasonably withheld, an employee shall, in addition to this entitlement to paid bereavement leave, be entitled to reasonable unpaid bereavement leave up to ten working days in respect of the death of a relation to whom the clause applies, and that any dispute as to the granting of unpaid bereavement leave may be referred to the Commission.
(b) Unpaid Bereavement Leave
An employee may take unpaid bereavement leave by agreement with the employer.
(c) Casual Employees
(i) Subject to the evidentiary requirements in subclause (a), casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of an immediate family or household member.
(ii) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. Casual Employees are not entitled to any payment for the period of non-attendance.
(iii) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
