The CPSU is claiming a win at the Fair Work Commission on personal leave. 

The Fair Work Commission has ruled that evidence for personal leave must be provided for periods of three or more consecutive days. Evidence includes a medical certificate or statutory declaration. 

However, the right to not supply documentary evidence for one or two day absences has been maintained.

The Community and Public Sector Union (CPSU) brought the case to Fair Work after months of to and fro with the Federal Government, which it says was “trying to sneak through a policy whereby managers could ask for documentary evidence for leave of less than three consecutive days”. 

It accused the government of “re-interpreting” a condition in the Workplace Determination based on “what they wanted but lost during the last negotiation and arbitration”.

The Fair Work Commissioner said: “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.”