Timber Trade Industrial Association

Recent FAQs on the TTIA Enquiry Line:

 1) Mature age workers – is there an obligation to pay Superannuation Guarantee for employees who have reached the age of 70.

 No, the SG arrangements do not apply if you are over 70.

2) Is there a temperature at which employees should cease work due to safety considerations?

 No, there is no specific arbitrary figure which nominates a temperature whereby work must cease due to safety considerations.  However, appropriate occupational health and safety systems should be implemented which include frequent rest breaks in the shade and access to cool drinking water.

3) Are pieceworkers under the new modern industry award entitled to sick leave?

 Clause 34.2 states that personal/carer’s leave and compassionate leave do not apply to non-weekly pieceworkers, but do apply to pieceworkers who have an expectation of regular and systematic hours of work.

4) If an employee has requested compassionate leave for the death of a family member overseas, but will not be leaving Australia to attend a funeral, are they still entitled to compassionate leave?

 Under the Fair Work Act the NES entitlement to compassionate leave does not appear to be contingent upon the employee travelling outside Australia to attend the funeral.  Rather, the employee is entitled to two days’ paid leave (or two days unpaid leave in the case of a casual employee), regardless of whether the funeral of the immediate family member takes place in Australia or outside Australia, and regardless of whether the employee actually attends the funeral.

5) Does Carer’s Leave accumulate?

The NES provides that paid personal/carer’s leave is cumulative from year to year.  The NES does not place a limit on the amount of personal/carer’s leave that can be taken as paid carer’s leave each year.

6) Is an employee entitled to paid sick leave if they fall sick during a period of annual leave or long service leave?

Generally in the past, under awards, where an employee has fallen sick during a period of leave, including annual leave or long service leave, they have not been entitled to payment of sick leave.  However, this is no longer the case under the Fair Work Act.

7) Is accumulated personal/carer’s leave paid out to an employee on termination of employment?

The NES dealing with personal/carer’s leave under the Fair Work Act does not provide for the payout of leave on termination.  It is unusual for companies to implement this practice.  Indeed, it may well be an unlawful practice in light of the general prohibition against cashing out personal/carer’s leave set out in Section 100 of the Fair Work Act.

8) Is sick leave payable to a pregnant employee who is attending doctor’s appointments?

This generally depends on whether the appointment pertains to an illness related to the pregnancy;  which would be payable;  or it is a scheduled examination of progress of the pregnancy and / or is to arrange confinement, etc., which generally would not be payable as the employee is not ill or injured in such a way that she is unable to attend for work.

9) What do I do if I get a backdated doctor’s certificate?

It is firstly necessary to establish that the doctor’s certificate is backdated and to ensure that you have proof of this, or a reasonable basis to make this assumption.

It would be generally held that a certificate issued during the absence would be acceptable even though it may be dated days after the commencement of the absence.  A certificate dated after the return to work and the occurrence of illness/injury, and after the employer had asked for proof of any illness or injury, would not normally be acceptable.

10) What information is required to be given to legal representatives of an injured worker on worker’s compensation.

The information includes the following:

• Section 43(2) WC Act 1987 – Relevant award, wages of employee and details of earnings from at least 2 person on comparable grade and work.
• Medical reports
• Medical certificates
• Clinical notes
• Investigators reports
• Provider reports
• Reports of assessments (sec 40A)
• Reports that contain info relevant to the claim which is being disputed.
• Wage details.