Procedure: Leave

1. Purpose

The purpose of this policy is to outline the leave entitlements and flexible work options available to employees of Dragonfly Dance. It ensures our compliance with the Fair Work Act 2009, the National Employment Standards (NES) and the relevant Modern Awards that apply to each role. It aims to supports staff wellbeing, fairness, and operational sustainability.

2. Scope

This policy applies to all employees of Dragonfly Dance, including full-time, part-time, and eligible casual staff. Contractors are not covered under this policy.

Because Dragonfly Dance employs staff across different job categories, not all employees are covered under the same award. Entitlements such as leave loading, penalty rates, or overtime vary depending on the award that applies to each role.

3. Responsibilities

Studio Director

• Ensure compliance with the Fair Work Act, National Employment Standards, and relevant modern awards and workplace laws.

• Approve leave and flexible work arrangements in accordance with this policy and operational requirements.

• Maintain oversight of workforce planning and policy implementation.

• Review and update policy as needed.

Relevant Area Manager

• Communicate entitlements and leave procedures to employees within their team.

• Review and approve leave and TOIL requests in line with this policy and the applicable award.

• Ensure proper documentation is submitted and records are up to date.

• Monitor workload and staffing levels to ensure continuity of operations when team members are on leave.

Employees

• Familiarise themselves with the leave entitlements under the applicable award.

• Submit requests for leave and flexible work arrangements in a timely and complete manner.

• Provide necessary evidence (eg medical certificates) where applicable.

• Communicate proactively with their manager about any changes in availability or circumstances.

4. Leave types and entitlements

The following entitlements apply in accordance with the National Employment Standards (NES). Additional conditions such as leave loading or specific accrual rules may vary depending on the applicable award (see Appendix).

Annual

Eligibility

Permanent and fixed term employees, full and part time.

Entitlement

• 4 weeks paid annual leave/year, pro rata for part time employees.

• Accrues progressively and is cumulative year to year.

Procedure

• Requests must be submitted in writing at least 4 weeks in advance.

• Approval is subject to operational requirements.

• Leave must be approved before being taken.

Personal/Carers

Eligibility

Permanent and fixed term employees, full and part time.

Entitlement

• 10 days per year, pro-rata for part-time, for personal illness/injury or caring for an immediate family or household member.

• Accrues progressively and is cumulative.

Procedure

• Notify your manager as soon as possible (before your shift if practical).

• Evidence may be required (eg medical certificate or statutory declaration).

Unpaid Carer’s Leave

Eligibility

All employees (including casuals).

Entitlement

• 2 days unpaid carer’s leave per permissible occasion if no paid leave is available.

Procedure

• Same notification and evidence requirements as personal/carer’s leave.

Compassionate

Eligibility

All employees (including casuals).

Entitlement

• 2 days per permissible occasion (eg death or life-threatening illness of a family/household member).

• Paid for permanent staff; unpaid for casuals.

Procedure

• Notify your manager as soon as possible.

• Evidence may be required (eg death or medical certificate).

Family and Domestic Violence

Eligibility

All employees (including casuals).

Entitlement

• 5 days unpaid leave per year (renewable annually).

• May be used to deal with impacts of domestic violence (eg court, relocation, safety).

Procedure

• Notify your manager when practical (confidentially).

• Evidence may be required (eg police, court, support service documentation).

Note: If Dragonfly Dance grows to 15 or more employees, the entitlement becomes 10 days paid family and domestic violence leave.

Parental

Eligibility

Employees with 12 months continuous service.

Entitlement

• Up to 12 months unpaid parental leave (including birth, adoption, surrogacy).

• Request for an additional 12 months can be made.

• Casuals may qualify if they’ve had regular and systematic employment for 12 months.

Procedure

• Minimum 10 weeks’ notice of expected leave start.

• Provide medical/adoption certificate and written application.

Community Service

Eligibility

All employees (including casuals).

Entitlement

• Paid leave for jury duty (first 10 days only).

• Unpaid leave for voluntary emergency management activities.

Procedure

• Notify your manager as soon as possible.

• Provide evidence (eg jury summons or emergency service letter).

Long Service

Eligibility

Employees in South Australia with 10+ years continuous service.

Entitlement

• 13 weeks paid leave after 10 years, and 1.3 weeks for each additional year.

• Pro-rata entitlement after 7 years under some conditions.

Procedure

• Request should be made in writing at least 8 weeks in advance.

5. Flexible work and TOIL (Time off in lieu)

Dragonfly Dance supports flexible working arrangements where possible, while maintaining compliance with the Fair Work Act 2009, the National Employment Standards (NES), and the relevant Modern Award for each employee. Flexibility can be offered through formal flexible work requests or, in some cases, through Time Off in Lieu (TOIL) of overtime.

Flexible work requests

Eligibility

Employees with at least 12 months of continuous service, or casuals with regular and systematic employment and a reasonable expectation of continuing employment.

Eligible reasons include:

• Parent or carer of a child of school age or younger

• Pregnancy

• Carer status (as defined by the South Australian Carer Recognition Act 2005)

• Having a disability

• Being 55 years or older

• Experiencing, or supporting someone experiencing, family or domestic violence.

Procedure

Requests must be made in writing and outline the change sought (eg start/finish times, hours, patterns of work, work location, job sharing) and the reason.

The Studio Director or relevant Area Manager will genuininely try to reach agreement with the employee. A written response will be provided within 21 days, stating whether the request is approved or refused. If refused, the written response will set out the reasonable business grounds for refusal and any alternative arrangements offered.

Time off in lieu (TOIL)

Employees at Dragonfly Dance may be offered TOIL in place of paid overtime, but only where allowed under the relevant modern award and with proper documentation and approval.

Where permitted, TOIL supports work-life balance and reduces unnecessary overtime costs while remaining compliant with industrial laws.

Eligibility

Permanent or fixed term employees (TOIL is not available for casual employees).

Key conditions

• TOIL must be requested and approved in advance (via email or form).

• TOIL is accrued at hour-for-hour (not time-and-a-half).

• TOIL must be taken within 6 weeks of accrual, or it will be paid out at ordinary time.

• Maximum TOIL bank is 10 hours. Any hours beyond this must be paid as overtime or forfeited with agreement.

Procedure

• Employee submits request to their manager.

• TOIL must be approved in writing in advance by the relevant Area Manager.

• Once approved, time worked and TOIL taken is tracked on the timesheet or in our HR system.

• Accrued on a time for time basis (one hour worked = one hour of TOIL).

• The maximum TOIL balance is 10 hours. Any hours above this must be paid or forfeited with mutual agreement.

• Managers must ensure operational needs are still met when TOIL is taken.

Award-Specific Rules

Fitness Industry Award 2020

TOIL Allowed?

Not by default

Conditions

TOIL not permitted unless an Individual Flexibility Arrangement (IFA) is in place, which must:

• be genuinely agreed to by both the employee and employer

• benefit the employee overall

• be in writing, signed, and retained on file

• clearly state which award terms are being varied.

Clerks – Private Sector Award 2020

TOIL Allowed?

Yes

Conditions

TOIL is permitted if agreed in writing for each instance or via a standing agreement.

Record keeping and compliance

• TOIL hours must be logged in the employee’s timesheet or HR system.

• Managers are responsible for ensuring TOIL use aligns with the employee’s award and approved agreements.

• All TOIL approvals and, where relevant, IFA documentation must be retained by management.

6. Ordinary hours of work and overtime

Dragonfly Dance operates a dance and performing arts studio with extended operating hours to accommodate classes, performances, events, and administration. This section outlines our expectations and obligations regarding ordinary hours of work and overtime.

Studio operational span of hours

The standard operating hours of Dragonfly Dance are Monday to Saturday, 8:00am to 10:00pm.

These hours reflect when employees may be scheduled to work their ordinary hours, subject to the terms of their employment agreement and the applicable modern award.

Award specific rules for ordinary hours

Employee entitlements regarding ordinary hours, breaks, overtime, and penalties are governed by the modern award that applies to their role.

Fitness Industry Award 2020

Default Span of Ordinary Hours

5am to 10pm any day

Ordinary Hours Notes

Full-time and part-time employees can be rostered within this span without penalty.

Clerks – Private Sector Award 2020

Default Span of Ordinary Hours

Mon–Fri 7am–7pm, Sat 7am–12.30pm

Ordinary Hours Notes

Work outside this span may attract overtime unless agreed otherwise.

Overtime

Overtime is any time worked:

• In excess of the employee’s agreed hours (eg over 38 hours per week for full-time staff, or beyond contracted hours for part-time staff).

• Outside the award-defined span of ordinary hours, unless agreed otherwise.

Key conditions:

• Overtime must be pre-approved in advance by the employee’s Relevant Area Manager.

• Unauthorised overtime is not guaranteed to be compensated unless required by law.

• Where permitted under the applicable award, overtime may be converted to Time Off In Lieu (TOIL).

Managers are responsible for ensuring rosters and hours do not result in accidental or unauthorised overtime.

7. General Notes

• All leave types must be recorded through our approved system (eg. timesheets, payroll software).

• All leave is subject to manager approval and operational requirements.

• Breaches of this policy may result in disciplinary action.

8. Review

This policy will be reviewed annually by the Studio Director and amended as appropriate.