Australia Addendum
 
For Australian Employees Only
To our Australian employees: Please note that wherever Australian law provides for or offers greater protections to our employees, Australian law will govern. Some of the policies below may not be applicable to all employees. Please contact a member of the Human Resources Department if you have any questions about the content of this Addendum.
 
 
Table of Contents

Supplementary Terms and Conditions of Employment 
Probationary Period
Normal Place of Work
Your Work Schedule
Superannuation
Annual Leave
Personal Leave
Personal Data
Leaving Citadel
 
Non-Contractual Policies and Procedures 
Amendments to the Policy Against Discrimination, Harassment, Victimization and Retaliation in the Handbook
Additional Provisions – Supplemental to the Handbook
Whistleblowing Policy
Parental Leave and Other Time Off 
Parental Leave 
Definitions
Eligibility 
Parental Leave entitlements
Taking Parental Leave 
Paid Caregiver Leave 
Coordination Statutory Unpaid Parental Leave
Requests for Paid and Unpaid Parental Leave 
Benefits During Paid and Unpaid Parental Leave 
Contact Before and During Paid and Unpaid Parental Leave 
Return to Work After Parental Leave 
PPL Scheme 
Compassionate Leave 
Family and Domestic Violence Leave 
Community Service Leave
Annexure A
External Bodies for Complaints 
Annexure B
External Support Organisations
 
Supplementary Terms and Conditions of Employment
 
All references to the FW Act in this Addendum are to the Fair Work Act 2009 (Cth).

All references to Handbook in this Addendum are to the APAC Employee Handbook.
 
Probationary Period
While Citadel hopes your employment will be long term, the first six months of your employment will be a probationary period. This is an opportunity for Citadel to review your suitability for the job.

The notice provisions that apply during your probationary period are set out in this Addendum.

Normal Place of Work
Your normal place of work is Citadel’s premises in Sydney. We reserve the right to relocate our offices to any place within Sydney, NSW, or otherwise make reasonable changes to your normal place of work at any time.
 
Your Work Schedule
Your normal hours of work will be agreed. You are required to work such additional hours as are necessary for the proper performance of your duties and responsibilities and you acknowledge and agree that, having regard to the nature of your position, the operational requirements of Citadel and your salary, such additional hours are reasonable. Unless otherwise agreed, your remuneration includes compensation for work outside normal hours and you will not be entitled to any additional remuneration or other benefit for work outside these hours.

Superannuation
Please refer to the Intranet for information on superannuation.
 
Annual Leave

Entitlement
Employees are entitled to 4 weeks’ paid annual leave per annum in accordance with the FW Act based on their ordinary hours of work. Annual leave accrues from the first day of employment and is cumulative from year to year (“Annual Leave Entitlement”).

Employees are also entitled to public holidays as provided for within NSW. If Citadel determines that you are required to work over a public holiday, it will make a request for you to work the public holiday, which you may accept or reasonably refuse in accordance with the factors set out in the FW Act. If you work on the public holiday you will be entitled to a day’s annual leave in lieu.
 
Procedures
In accordance with the FW Act, Citadel will not unreasonably refuse requests to take annual leave, although approval is granted in Citadel’s sole discretion. Please ensure that you make every effort to give your manager reasonable notice of any proposed annual leave that is requested. You may not take annual leave without the prior approval of your manager.

Your accrued but unused Annual Leave Entitlement will automatically be carried forward from each annual leave year. Citadel may direct you to take some of your Annual Leave Entitlement in accordance with the FW Act.
 
Termination of Employment
Citadel will pay you for any accrued but untaken Annual Leave Entitlement on termination of your employment.

If you have used more than your accrued Annual Leave Entitlement prior to the termination of your employment you must repay Citadel for the excess days. If you do not repay immediately on demand any excess annual leave pay, Citadel is hereby irrevocably authorised to deduct, to the extent permitted by law, such amount (or any part thereof) from any money owed to you by Citadel on or after the termination of your employment without prejudice to Citadel’s right to seek repayment of any part still outstanding.
 
Personal Leave

Entitlement

You are entitled to 10 days’ paid personal leave for each completed 12 months of service. Personal leave is cumulative from year to year but is not paid out on termination of employment. Personal leave may be taken as sick leave or carer’s leave as follows:
 
  • sick leave may be taken by you where you suffer a personal illness or injury; and

  • carer’s leave may be taken by you to provide care or support to a member of your immediate family or household because of a personal illness or injury or emergency affecting that member.
Notification

If you are absent from work due to sick leave or carer’s leave, you must inform your manager or the Human Resources Department as soon as practically possible prior to your normal start time on each day of absence. You must keep Citadel regularly informed of the reasons for and expected duration of your absence.

Immediately following your return to work from taking personal leave, you are required to update the Time-Off tracking system. This information is required to calculate your entitlement to personal leave and will be retained in Citadel’s records.

If you are absent for 2 consecutive days or more you must provide the Human Resources Department with a medical certificate as soon as possible. You are required to update all personal leave absences in the Time-Off tracking system irrespective of the length of the absence.

Any unauthorised absence for whatever reason must be explained and failure to do so may be treated as a disciplinary matter.

You will be entitled to sick leave in accordance with the Short-Term Disability (STD) Policy which is inclusive of any statutory entitlement you may accrue and be entitled to receive. Please refer to the Intranet for further details of this benefit. If you do not qualify for STD pay in accordance with the STD Policy or if statutory requirements under local law provides for more beneficial statutory entitlements, you will be entitled to sick leave and sickness allowance during your period of absence from work due to sickness or injury in accordance with local law.
 
 
Personal Data
 
Citadel, and all its employees, contractors and any person seconded to Citadel must comply with the provisions of the Privacy Act 1988 (“Privacy Act”). The Privacy Act relates to the collection, use, disclosure and storage of all “personal information”, which is any information that relates to a living individual who can be identified or reasonably identified from that information, or other information accessible to Citadel. The Privacy Act covers information stored in many forms, for example on computer (such as emails), paper, CCTV, photographs and personal digital assistants; it covers both facts and opinions (whether true or not) about people.

You must handle personal information in a manner which is consistent with the Australian Privacy Principles contained in the Privacy Act and as otherwise instructed by your manager from time to time to enable Citadel to comply with its obligations under the Privacy Act. Your failure to do so may result in an investigation by the Australian Privacy Commissioner leading to reputational damage to the Citadel brand, an award of compensation to affected individuals and potentially significant fines, and/or disciplinary action depending on the seriousness of the breach.

In addition the Privacy Act covers the processing of “sensitive personal information” to which additional restrictions apply. Sensitive personal information includes information relating to: a person’s racial or ethnic origins; political opinions, religious or philosophical beliefs; criminal convictions; trade union membership; sexual life; biometric information used for the purpose of automated biometric verification or identification; biometric templates; and physical or mental health. Citadel holds sensitive personal information relating to employees’ health for the purpose of the administration of sick pay and Income Protection and to monitor attendance levels. Citadel does not collect or use sensitive personal information for any purpose which is not related to your employment.

Citadel (or an authorized service provider) will hold and process, both electronically and manually, the information relating to you which it collects in the course of your employment for all purposes relating to your employment (and for which purposes you now give your consent) including, but not limited to:
 
 
  • Citadel’s administration and the management of its employees and its business, including but not limited to human resource records, remuneration, benefits, performance appraisals and reviews and sickness and absence records;

  • compliance with any applicable procedures, laws and regulations;

  • the transfer, storage and other processing by Citadel of any such information outside of Australia. As you are aware, Citadel’s head office is situated in Miami, Florida in the United States and it will therefore often be necessary for your personal information to be transferred to a member of the Citadel Group to be processed in the United States (and any other country in which Citadel or any member of the Citadel Group has offices);

  • providing references and information to potential employers or mortgage providers and, if necessary, government and quasi-government bodies for social security and other purposes including but not limited to the Department of Immigration and Border Protection and the Australian Taxation Office;

  • providing information to potential future purchasers of Citadel or of the business in which you work;

  • recruitment;

  • payroll and benefits administration (including sick pay, pensions, childcare vouchers, health insurance, gym membership etc.);
  • disciplinary, dismissal and grievance procedures (including monitoring compliance with and enforcing of policies) and absence monitoring;

  • training course management;

  • monitoring registrations with regulatory bodies to ensure compliance, training and other requirements are met;

  • work and career management, including performance appraisals; administering termination of employment, references etc.;

  • maintaining contact details (including home address, telephone and mobile numbers) to contact you for urgent business or personal reasons when you are out of the office; maintaining emergency contact and beneficiary details (which involves Citadel holding information on those you nominate in this respect); and

  • protecting the safety and security of Citadel staff and property to ensure health and safety compliance.

We also hold other information on you for accounting and billing purposes, work management and client work.

You agree to use all reasonable endeavours to keep Citadel informed of any changes to your personal information. If you wish to access the personal information Citadel holds about you, please contact the Human Resources Department in the first instance.
 

 
Leaving Citadel

Notice of Termination of Employment

Your employment may be terminated during your probationary period, by either you or Citadel giving the other 1 weeks’ notice. On satisfactory completion of your probationary period (or any extension), and subject to the termination provisions in relation to Right to Work and Regulatory Approval in the Handbook, your notice period will be as set out in your Employment Terms.
 
Summary Termination

Citadel (without prejudice to its other rights and remedies) is entitled to terminate your employment without notice and without pay in lieu of notice in appropriate circumstances including, for the avoidance of doubt, for gross misconduct as set out in the Handbook.

You shall have no claim against Citadel for damages or otherwise by reason of termination of your employment by Citadel in accordance with this section.
 

Non-Contractual Policies and Procedures
Amendments to the Policy Against Discrimination, Harassment, Victimization and Retaliation in the Handbook
 
 
These provisions relate to sex discrimination, sexual harassment and sex-based harassment, and conduct that creates a hostile workplace environment on the ground of sex and victimisation.

This policy applies to all persons carrying out work in any capacity for Citadel, including but not limited to employees, directors, a contractor or sub-contractor, a labour hire worker, an outworker, an apprentice or trainee, work experience student or a volunteer (‘workers’). This includes behaviour that occurs in the workplace, in a work-related context (for example conferences) and out of hours interactions where there is a connection to work carried out for Citadel.
 
Definitions and Examples

The following definitions and examples replace the definitions of relevant unlawful behaviour provided in the Policy Against Discrimination, Harassment, Victimization and Retaliation in the Handbook to the extent they are defined. Where the unlawful behaviour is not defined in the Handbook or practical examples are not provided, the below definitions and examples are to be read as supplemental to the Handbook. The below definitions are as set out in the Sex Discrimination Act 1984 (Cth).
 
Sex Discrimination
 
Sex discrimination involves treating a person less favourably because of their sex, or a characteristic that is generally associated with people of that sex (or a characteristic generally imputed to persons of that sex), in circumstances that are the same or are not materially different, than the person would treat or treats a person of a different sex.

Unlawful discrimination may be direct or indirect.1 Examples of behaviour in a work context that could be sex discrimination can include, but are not limited to:
 
  • offering women and men different rates of pay or benefits for doing the same job;

  • not including women in team discussions or in decision making processes;

  • refusing to promote a woman on the basis that it is assumed she will elect to have children at some point in her career.
Sexual Harassment

A person sexually harasses another person if:
 
  • they make an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or

  • they engage in other unwelcome conduct of a sexual nature in relation to the person harassed;  
in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

_____________________________
1 Direct discrimination occurs when a person with a particular ‘attribute’ is treated less favourably due to that attribute. Indirect discrimination occurs when there is a rule or requirement that is the same for everyone but unfairly or unreasonably affects a person (or group of people) with a particular attribute.
 
Sex-Based Harassment
 
Sex-based harassment is unwelcome conduct of a demeaning nature by reason of a person’s sex or characteristics that generally relate to a person’s sex (or that are generally imputed to persons of that sex), in circumstances which a reasonable person, having regard to all the circumstances would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

Examples of sex-based harassment include but are not limited to:
 
  • a third party asking intrusive personal questions to a Citadel employee based on the employee’s sex (for example, inappropriate questions about menopause, menstruation or genitalia);

  • a Citadel employee making derogatory comments to a third party (including a member of the public), customer or client on the basis of sex (for example, making derogatory comments about a woman’s breasts, or a service provider making derogatory comments about a customer or client’s breasts); 

  • the use of slurs, taunts or name calling on the basis of sex, including via electronic communications such as SMS, email and social media.
Hostile Workplace Environment

A hostile workplace environment exists when a person’s behaviour creates an environment that is offensive, intimidating or humiliating for another person to work in based on that person’s sex or characteristics that generally relate to a person’s sex (or that are generally imputed to persons of that sex).
 
A hostile workplace environment can be created by, for example, the sexual harassment of other colleagues, displaying of obscene or pornographic materials around the workplace, general sexual or sex-based banter or innuendo and offensive jokes.
 
Victimisation
 
Victimisation occurs when a person subjects, or threatens to subject, another person to any detriment for a prohibited reason. Prohibited reasons include but are not limited to making a complaint or commencing or participating in proceedings under relevant anti-discrimination law. Victimisation also occurs where the detriment occurs because the person believes that the other person has done, or proposes to do, the activities listed above.

Victimisation can include, but is not limited to:
 
  • snide comments to, or about, a person, customer, client or third party regarding a complaint they have made;

  • being bullied and intimidated by colleagues as a result of making, or supporting, a complaint;

  • being denied a promotion, or being moved to a role with reduced responsibility as a result of making a complaint.
 
Additional Provisions – Supplemental to the Handbook

Standards of Behaviour
 
Citadel has a legal obligation to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual and sex-based harassment, and conduct that creates a hostile work environment on the ground of sex and victimisation. These behaviours are unlawful (i.e. against the law) and unacceptable (i.e. against the policy of Citadel).
 
All workers covered by this policy must not engage in any of the behaviour prohibited under this policy towards other workers and third parties (including for example members of the public) in connection with work. Third parties must not engage in any of the behaviours prohibited under this policy towards Citadel workers in connection with work.
 
Any content that applies in respect of discrimination, harassment, victimisation and retaliation in the Handbook also extends to the behaviours prohibited under this policy (including in respect of zero tolerance, training and your responsibilities) unless stated otherwise.
 
Supports Available
 
If you have experienced or witnessed inappropriate behaviour:
 
  • you are encouraged to contact the Human Resources Department and access our Employee Assistance Program at any time;

  • see Annexure A for external bodies to make a complaint and Annexure B for details of other external services that can provide advice, information and support. 
Risk Management

Citadel acknowledges that the prevention of the behaviours prohibited under this policy requires the identification of risks in accordance with its risk management framework.  
 
Making a Complaint

If you believe that you are being subjected to harassment, victimisation, discrimination, retaliation or a hostile workplace environment, or if you have reason to believe that someone else is being subjected to harassment, victimisation, discrimination, retaliation or a hostile workplace environment, you should report the behaviour to your manager, Human Resources, your Business COO, a member of Legal & Compliance, or any other member of Firm management with whom you are comfortable. The contact information for these individuals can be found on the Intranet. Other options for reporting include making a complaint to an applicable external body listed in Annexure A.

The most serious sexual harassment may also be considered an offence under criminal law. In that instance, it may be appropriate to refer the issue to the police.
 
Complaint Handling, Resolution and Consequences

For the avoidance of doubt, if a complaint relates to the behaviours prohibited under this policy the provisions of the Grievance & Workplace Concerns Procedure do not apply and this policy will apply instead.

The following provisions replace the provisions contained in the Policy Against Discrimination, Harassment, Victimization and Retaliation contained in the Handbook, to the extent of any inconsistency: 
 
  • Citadel is committed to taking a trauma-informed and person-centred approach when responding to reports of behaviour or suspected behaviour that is prohibited under this policy and the safety and wellbeing of the person disclosing or reporting the conduct is a priority.

  • Citadel will consult with you (if you are the affected person) and consider your preferences in determining the most appropriate course for addressing the concerns raised and how the conduct should be dealt with, while also balancing its relevant legal duties (for example, in respect of OHS obligations). Citadel recognises that an investigation is not always the best option.

  • Some issues warrant immediate escalation to a formal investigation (even though that may not be the preference of the person impacted) because of the seniority of the person, seriousness of the behaviour or risk to the safety of others.

  • Resolution options may involve:

    • early intervention (including approaching the person who is the subject of the complaint, if you feel comfortable to do so);

    • informal pathways (including facilitating or mediating an open, respectful conversation between the parties and putting system changes in place, such as changes to working location or hours);

    • formal pathways (including internal or external investigation of the complaint);

    • external pathways (please see Annexure A).

  • The resolution options listed above may also be taken by Citadel where prohibited behaviour is suspected, including where no report has been made.

  • If the relevant behaviour is substantiated, there are a broad range of possible consequences, which may include (but are not limited to) disciplinary action against the person (up to and including termination of employment or contract).
In some cases, it may not be possible to substantiate the details of the matters you raise. In this case, Citadel may not be able to take specific action against the relevant person.
 
Whistleblowing Policy 
 
Citadel has a whistleblower policy and procedures which prescribes that reports are treated appropriately and the employee raising the concern is protected.
 
If you wish to report any general workplace issue or grievance, please refer to the procedure set out in the Handbook. A general workplace issue or grievance includes but is not limited to, issues related to entitlements under a contract of employment, job scope or expectations, communication/reporting channels or arrangements for the performance of work.

If you wish to report any issue, concern or grievance that relates to harassment, sexual and sex-based based harassment, discrimination, bullying, victimisation or hostile work environments, please refer to the procedure in the Policy Against Discrimination, Harassment, Victimization and Retaliation and the amendments to that policy contained in this Addendum.
 
Parental Leave and Other Time Off 
 
Parental Leave

Eligible employees may take parental leave in accordance with applicable law as amended from time to time. This policy sets out the eligibility requirements and processes that apply if you wish to take parental leave. If you require any further information, please speak with a member of the HR Benefits team.
 
Definitions

Adoption Related Leave means unpaid leave taken in association with the adoption of a child aged under 16.

Birth Related Leave means unpaid leave taken in association with the birth of a child.

Concurrent Leave means a period of Parental Leave taken when your Partner also takes Parental Leave.

Continuous Service takes on the meaning in section 22 of the FW Act which defines it as the period of service during which the employee is employed by the employer but does not include any Extended Period.

Extended Period means the following periods which do not count as service:
 
  • any period of unauthorised absence;

  • any period of unpaid leave or unpaid unauthorised absence, other than a period of community service leave or a period of stand down which applies under the employee’s contract of employment; or

  • a period of leave or absence or any other period of a kind prescribed by the Fair Work Regulations 2009 (Cth).
Parental Leave means unpaid Birth Related and Adoption-Related Leave taken in accordance with the FW Act.

Partner means your spouse or de facto partner irrespective of whether you are married or the gender of your spouse or de facto partner.

Start Date means the date you commence Parental Leave or Concurrent Leave in accordance with this policy.
 
 
Eligibility
 
You may take Parental Leave if: 
 
  • the leave is associated with the birth of your child (or your Partner’s child) or the placement ofa child with you for adoption (see below in relation to Adoption Related Leave); and.

  • you have, or will have, responsibility for the care of the child; and.

  • you are a permanent employee and have at least 12 months’ Continuous Service before theStart Date; or.

  • you are a casual employee who has been employed on a regular and systematic basis duringa period of at least 12 months, and, but for the birth or placement of the child, would have hada reasonable expectation of continuing employment on a regular and systematic basis
To be eligible for Adoption Related Leave, the child: 
 
  • must be under 16 years of age as at the date of placement or expected date of placement;

  • must not have lived continuously with you for 6 or more months as at the date of placementor expected date of placement; and.

  • must not be (otherwise than by reason of the adoption) your child or your Partner’s child.

Parental Leave Entitlements 

The following Parental Leave entitlements and conditions apply:
Period of Parental Leave Eligible employees can take up to 12 months’ unpaid Parental Leave (i.e. Birth Related Leave or Adoption Related Leave), and may request to take an additional period of 12 months’ unpaid Parental Leave in accordance with the FW Act.
Returning to work After a period of Parental Leave, you are entitled to return to your pre-parental leave position or, if that position no longer exists, another available position that you are qualified to perform that is nearest in status and pay to your pre-leave position.
Continuous service Taking unpaid Parental Leave will not break your continuity of service but does not count towards your service for the calculation of leave entitlements (for example, annual and, as the case may be, long service leave) which will not accrue during a period of unpaid Parental Leave.
Taking other leave with your Parental Leave You may elect to take accrued annual and/or long service leave in conjunction with unpaid Parental Leave, provided that the total period of leave does exceed 52 weeks (unless extended in accordance with the FW Act).
Paid Primary Caregiver Leave A Primary Caregiver may be entitled to 16 weeks of their usual salary, which includes any amount they may be entitled to receive under the Federal Government paid parental leave scheme (“PPL Scheme”) for the period of 16 weeks.
Primary Caregiver
A person is considered to be the Primary Caregiver if during the referenced period:
 
  • The child is in the person’s care; and

  • The person meets the child’s physical needs more than anyone else in that period.
Paid Secondary Caregiver Leave A Secondary Caregiver may be entitled to 2 weeks of their usual salary, which includes any amount they may be entitled to receive under the PPL Scheme for the period of 2 weeks.
Secondary Caregiver
A person who is the biological father, partner of the birth mother, adoptive parent, partner of an adoptive parent or person caring for a child born of a surrogacy arrangement and who: 
 
  • provides care for a newborn or recently adopted child; and

  • is not the Primary Caregiver.
Taking Parental Leave

If you propose to take Parental Leave, the following applies: 

  • you may take Parental Leave in a single continuous period, , flexibly (in accordance with the maximum days set out below), or a combination of both;

    • 100 flexible days for births or adoptions before 1 July 2024;

    • 110 flexible days for births or adoptions from 1 July 2024;

    • 120 flexible days for births or adoptions from 1 July 2025; and

    • 130 flexible days for births or adoptions from 1 July 2026,

  • flexible days can be taken at any time within 24 months of the child’s birth or adoption. Flexible unpaid Parental Leave can be taken as a single continuous period or one day or longer, or separate periods of one day or longer;

  • if you are pregnant and taking Birth Related Leave, your leave may start up to 6 weeks before the expected date of birth (or earlier if agreed), or during the 24 month period starting on the date of the birth of the child but must end during that period;

  • if you are taking Birth Related Leave but are not pregnant (i.e. your Partner is giving birth), your leave must start on the date of birth of the child and can be taken at any time within 24 months of the birth of the child; and

  • Adoption Related Leave must start on the day the child is placed with you and can be taken at any time within 24 months of the placement of the child.
If you and your Partner each intend to take Parental Leave, the following applies: 
 
  • you can take Concurrent Leave for part or all of the period of Parental Leave; and

  • Concurrent Leave cannot start before the birth or placement of the child.
Paid Caregiver Leave

If you meet the eligibility requirements to take Parental Leave as noted above you may also apply to take Paid Primary or Secondary Caregiver Leave. Payments of Paid Primary Caregiver Leave and Paid Secondary Caregiver Leave for the applicable number of weeks (being 16 weeks for Primary Caregivers and 2 weeks for Second Caregivers) will be made by topping up the difference between any amount the employee is eligible to receive under the PPL Scheme (see below for further details) and the employee’s usual salary.
 
Citadel may request details of: 
 
  • any application an employee has made under the PPL Scheme;

  • the outcome of any application the employee has made; and

  • amounts the employee has received, or is eligible to receive, from the Federal Government.
Payment for Paid Primary Caregiver Leave or Paid Secondary Caregiver Leave by Citadel under this policy will not be made until Citadel receives any details requested from an employee.

Subject to providing any details requested by Citadel, employees will be eligible for Paid Primary Caregiver Leave or Paid Secondary Caregiver Leave as follows:
 
Paid Primary Caregiver Leave
 
The Primary Caregiver will receive 100% of their regular salary for up to 16 weeks, which includes any payment the employee receives under the PPL Scheme for the period of 16 weeks. Such employees must certify such status at any time prior to or after the birth of a child, but before taking such leave and must continue to have such status to continue to receive this payment.
 
Paid Secondary Caregiver Leave
 
Employees who are the Secondary Caregiver and who meet the eligibility requirements for Parental Leave will be paid 100% of their regular salary for up to 2 weeks, which includes any payment the employee receives from the PPL Scheme for the period of 2 weeks.

An employee may elect to take either Paid Primary Caregiver Leave or Paid Secondary Caregiver Leave (but not both) within any 18-month period. The fact that a multiple birth occurs (e.g., the birth of twins) does not increase the total amount of paid parental leave available.

Coordination Statutory Unpaid Parental Leave
The employee’s paid parental leave (i.e. Paid Primary or Secondary Caregiver Leave) will run concurrently with any other periods of unpaid Parental Leave for which the employee is eligible, unless the law requires otherwise.
 
Requests for Paid and Unpaid Parental Leave
Employees must provide the HR Benefits team with written advance notice of any request for paid or unpaid parental leave, along with their expected date of childbirth at least 30 days prior to the proposed date leave would commence (or if the leave was not foreseeable, as soon as possible), and should notify and obtain approval from their manager. Advance notice allows Citadel to properly plan for an employee’s absence.

Employees must complete the necessary human resources forms and provide all documentation as required by the HR Benefits team to substantiate the request.
 
Benefits During Paid and Unpaid Parental Leave
Citadel will maintain all benefits for employees during the paid and unpaid parental leave period just as if they were taking any other company paid leave such as paid vacation leave or paid sick leave, subject to applicable law. Upon termination of an employee’s employment at Citadel he or she will not be paid for any unused parental leave for which he or she may have been eligible.

Employees are responsible for ensuring that they do not receive more than 100% of his or her salary at any point during such paid leave, if they are additionally receiving a payment under the PPL Scheme. In the event that an employee receives more than 100% of his or her salary, the employee will notify Citadel of such a discrepancy and cooperate with Citadel to recover such compensation.

Contact Before and During Paid and Unpaid Parental Leave
Shortly before parental leave starts, Citadel will need to discuss arrangements during leave, including contact information where appropriate. Citadel reserves the right to maintain reasonable contact with employees from time to time on an as needed basis during parental leave. This contact may be to discuss an employee’s plans for return to work, training upon an employee’s return to work, or to update employees on developments at work during parental leave.
 
Return to Work After Parental Leave
It is important that employees keep their manager informed of their intention to return to work and expected return date. Employees are expected to provide written notice as soon as possible of their intended return to work date. Employees will be expected to return on this date, unless they provide notification in writing to the contrary, which notice is expected as soon as possible. When an employee returns to work after parental leave, he or she is entitled to return to their pre-parental leave position, or if that position no longer exists, another available position that the employee is qualified to perform that is nearest in status and pay to their pre-parental leave position. If an employee decides during parental leave not to return to work, the employee should give written notice to Citadel as soon as possible.  
 
PPL Scheme
You may be eligible to apply for paid parental leave at the national minimum wage under the PPL Scheme. You should contact Service Australia (https://www.servicesaustralia.gov.au/parental-leave-pay) for eligibility requirements and to apply for payments under the PPL Scheme. Services Australia is responsible for assessing and approving your application. If your application is successful, the Government will provide Citadel with paid parental leave pay which will be passed on to you.

If you are eligible for Paid Primary Caregiver Leave and Paid Secondary Caregiver Leave, and on the condition you have provided any details requested by Citadel under this policy, Citadel will pay to you a top up amount being the difference between the amount payable to you under the PPL Scheme and your salary for the applicable number of weeks, that is, up to 16 weeks for Primary Caregiver Leave and up to 2 weeks for Paid Secondary Caregiver Leave.
 
Please note that: 
 
  • You are able to apply for payments under the PPL Scheme before your child is born (or placed with you) and we encourage you to do so.

  • It is important that you complete the application process by providing the Services Australia with proof of birth or adoption as soon as possible so that your payments can commence.

  • Citadel will only make payments to you once it has received confirmation from Services Australia that your application under the PPL Scheme has been received

  • Citadel will deduct tax from payments made to you under the PPL Scheme

  • Unless required by law, Citadel will not make contributions to your superannuation fund in relation to payments made to you under the PPL Scheme.
Compassionate Leave 
You are entitled to 2 days’ paid compassionate leave if:
 
  • a member of your immediate family or household dies, or contracts or develops a life-threatening illness or injury;

  • a baby in your immediate family or household is stillborn;

  • you have a miscarriage; or

  • your current spouse or de facto partner has a miscarriage.
If you are a casual employee you are entitled to unpaid compassionate leave.
 
Family and Domestic Violence Leave
You are entitled to 10 days’ paid family and domestic violence leave each year in accordance with the FW Act.

Family and domestic violence means violent, threatening or other abusive behaviour by certain individuals known to you, including a close relative, a member of your household or a current or former intimate partner, that both:
 
  • seeks to coerce or control you; and

  • causes you harm or fear

Citadel may request evidence that shows you took leave to deal with family and domestic violence. Evidence may include a statutory declaration, documents issued by the police or court, or family violence support service documents.

Community Service Leave
You will be allowed time off work to undertake community service leave in accordance with the FW Act. Community service leave is one of the following:
 
  • jury service that is required by or under a law of the Commonwealth, a State or a Territory; or

  • a voluntary emergency management activity dealing with an emergency or natural disaster; or

  • any other activity prescribed by the FW Regulations.

You must notify Citadel of your intended absence and the period or expected period of absence as soon as practicable and provide evidence to Citadel’s satisfaction that your absence will be because you have been or will be engaging in an eligible community service activity.

With the exception of jury service, community service leave is unpaid.

Full-time and part-time employees performing jury service are entitled to be paid their base salary for the first 10 days of absence. This payment will be reduced by any jury service pay received by you. You must provide all evidence requested by Citadel of the jury pay received by you to be eligible to receive payment of your base salary from Citadel.

 
Annexure A
External bodies for complaints

NSW

Anti-Discrimination Board of New South Wales 02 9268 5555

WorkCover New South Wales 13 10 50

NSW Police Force 000

SafeWork NSW 13 10 50
 
 
Federal Body

Australian Human Rights Commission 1300 656 419

Fair Work Commission 1300 799 675

Fair Work Ombudsman 13 13 14

eSafety Commissioner https://www.esafety.gov.au/report
 

Annexure B
External Support Organisations
 

Support Service

Information

Contact Details

Australia wide services

Beyond Blue

Provides free information and support to help people work through mental health issues and achieve their best possible mental health.

Web: beyondblue.org.au

Phone: 1300 224 636 (24 hours)

Community Legal Centres Australia

Community Legal Centres Australia does not provide direct legal services to members the public but can assist in locating a community legal centre near you for legal advice and support.

Web: https://clcs.org.au/legal-help/

Phone: (02) 9160 9500

General practitioner (GP)

You can speak to your GP about issues of workplace sexual harassment and ask for a referral to relevant health and counselling services. Contact your regular GP or a trusted GP.

 

JobWatch

JobWatch provides legal information and support on employment rights related issues, including sexual harassment and discrimination.

Web: jobwatch.org.au

Phone: (03) 9662 1933 (metropolitan), 1800 331 617 (regional Victoria)

Email: jobwatch@jobwatch.org.au

Lifeline Australia

Lifeline is a national charity providing all Australians experiencing emotional distress with access to 24 hour crisis support and suicide prevention services.

Web: https://www.lifeline.org.au/

Phone: 13 11 14 (24-hour crisis support)

Mensline

A national phone and online support service for men that includes video counselling.

Web: mensline.org.au

Phone: 1300 789 978

Multicultural Centre for Women’s Health Information Line

This information line provides information specifically for women from migrant and refugee backgrounds, as well as information to health and other service providers on how to best support migrant and refugee women.

Web: mcwh.com.au

Phone: 1800 656 421

National Sexual Assault, Domestic Family Violence Counselling Service (1800RESPECT)

Qualified and experienced counsellors provide free telephone and online counselling, information and assistance to access other services. This service is open to all people in Australia affected by sexual assault and domestic and family violence (including family and friends).

Web: https://www.1800respect.org.a u/

Phone: 1800 737 732 (24-hour support for those experiencing or at risk of experiencing domestic, family or sexual violence)

 

No to Violence (men’s referral service)

Provides confidential men’s family violence telephone counselling, information and a referral service. No to Violence is a central point of contact for men taking responsibility for their violent behaviour.

Web: ntv.org.au

Phone: 1300 766 491 (for interpreter, call TIS National on131 450) Mon–Fri 8am–9pm; weekends 9am–5pm

Live Chat now (national) Mon– Fri 8am–9pm; weekends and public holidays 10am–3pm

Qlife

Qlife provides anonymous and free LGBTIQ+ peer support and referral for people in Australia wanting to talk about sexuality, identity, gender, bodies, feelings or relationships.

Web: https://qlife.org.au/

Phone: 1800 184 527 (3pm – midnight – provides anonymous and free LGBTIQ+ peer support and referral for people in Australia wanting to talk about sexuality, identity, gender, bodies, feelings or relationships)

 

Rainbow Sexual, Domestic and Family Violence Helpline

Professional trauma counselling, information and referral to other services and 24/7 telephone support for anyone in Australia who is from the LGBTQIA+ community who has recently or in the past experienced sexual domestic or family violence including family members, friends and supporters of the LGBTIQA+ individual.

Web: https://fullstop.org.au/get- help/our- services/rainbowviolenceanda busesupport

Phone: 1800 497 212 (24-hour support for anyone from the LGBTIQ+ community whose life has been affected by sexual domestic and/or family violence)

NSW Services

Law Access NSW (Legal Aid NSW)

Legal Aid NSW is a state-wide independent government agency that helps people in NSW with their legal problems.

Legal Aid NSW provides legal information to anyone with a legal problem in NSW through our legal information and referral service, LawAccess NSW.

LawAccess NSW is a free information service run by Legal Aid NSW. We provide legal information and referrals for people with a legal problem in NSW.

Web: https://www.lawaccess.nsw.g ov.au/

Phone: 1300 888 529 (9am to 5pm, Monday to Friday (excluding public holidays) a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in NSW)

NSW Sexual Violence Helpline (formerly NSW Rape Crisis)

NSW Sexual Violence Helpline provides 24/7 telephone and online crisis counselling for anyone in Australia who has experienced or is at risk of sexual assault, family or domestic  violence  and  their
non offending supporters.

Web: https://whnsw.asn.au/faqconc/ 131/

Phone: 1800 424 017

NSW Women’s Legal Service

Women's Legal Service NSW (WLS NSW) is a community legal centre providing women across NSW with a range of free legal services.

Web: https://www.wlsnsw.org.au/

Phone: (02) 8745 6988

1800 801 501 (rural) (9:30am – 12:30pm Monday, 1:30pm – 4:30pm Tuesday, 9:30am – 12:30pm Thursday) Free confidential legal information, advice and referrals for women in NSW with a focus on family law, child care and protection, Victims Support, and sexual assault.

Wirringa Baiya Aboriginal Women’s Legal Centre

NSW state-wide community legal centre for Aboriginal and Torres Strait Islander women, children and youth.

Web: https://www.wirringabaiya.org. au/

Phone: 1800 686 587 (9am – 5pm) a NSW state-wide community legal centre for Aboriginal and Torres Strait Islander women, children and youth.