Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 101

Modern awards and enterprise agreements may include terms relating to cashing out paid personal/carer's leave

             (1)  A modern award or enterprise agreement may include terms providing for the cashing out of paid personal/carer's leave by an employee.

             (2)  The terms must require that:

                     (a)  paid personal/carer's leave must not be cashed out if the cashing out would result in the employee's remaining accrued entitlement to paid personal/carer's leave being less than 15 days; and

                     (b)  each cashing out of a particular amount of paid personal/carer's leave must be by a separate agreement in writing between the employer and the employee; and

                     (c)  the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.



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