Another week and another win for, and by, CPSU members in the Fair Work Commission.

Much like last time, it’s a finding by the Fair Work Commission that the words in the Workplace Determination mean what they say.

In this instance – evidence for personal leave must be provided for periods of three or more consecutive days. Evidence includes a medical certificate or statutory declaration (as per clause 4.68). Your right to not supply documentary evidence for one or two day absences has been maintained.

We lodged in Fair Work after months of to and fro with Department trying to sneak through a policy whereby managers could ask for documentary evidence for leave of less than three consecutive days. It’s another example where we have stopped the Department “re-interpreting” a condition in the Workplace Determination based what they wanted but lost during the last negotiation and arbitration.

Here’s part of what the Fair Work Commissioner had to say:

“If the Department wants to change the operation of the Workplace Determination, it is a matter for it to again advance the case for such a change (in line with what it is attempting to do under the PI). Noting that the Workplace Determination has passed its nominal expiry date the Department could advance such a claim in the context of enterprise bargaining.”

This is a result of efforts by CPSU members and delegates. We also want to thank all members who’ve chipped in over the past few years on policy reviews to keep the Department in check. It takes a team to make this work.

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