Updated: 13 August 2025 - GA 2023

Main clauses and documents

Clause 47 – Bereavement Leave of the Western Australian TAFE Lecturers’ General Agreement 2023 deals with a member’s entitlement to leave on the death of a family member or member of the household. The clause is to be read in conjunction with the definition of a member of the “immediate family or household” from Clause 3 – Definitions of the Agreement, the definition in Clause 47 – Bereavement leave, and the definition from the Minimum Conditions of Employment Act 1993 (MCE Act). The clause and relevant definitions are below.

Guidance information

• A lecturer may also access other leave entitlements when dealing with a bereavement such as annual leave, personal leave, and long service leave.
• Regional lecturers can access travel time in accordance with clause 47.7. Travelling time for Regional Employees.

Clause 3 – Definitions – relevant section of the Agreement

3.21 “Immediate family or household”, for the purpose of Clause 47 - Bereavement Leave includes:

(a) a partner (including a former partner) of the Employee; and

(b) a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the Employee.

Clause 47 – Bereavement leave – definition

47.1. Employees including casuals will on the death of:

(a) the spouse or de facto partner of the Employee;

(b) a former spouse or former de facto partner of the Employee;

(c) the child, step-child, foster child or grandchild of the Employee (including an adult child, step-child or grandchild);

(d) the parent, step-parent, foster parent or grandparent of the Employee;

(e) a parent in-law or former parent in-law of the Employee;

(f) the brother, sister, step-brother or step-sister; or

(g) any other person who, immediately before that person’s death, lived with the Employee as a member of the Employee’s household; be eligible for up to three (3) days paid bereavement leave.

Section 3 of the MCE Act – definition

member of the employee’s family or household means any of the following persons —

(a) the employee’s spouse or de facto partner;

(b) a child, stepchild or grandchild of the employee or the employee’s spouse or de facto partner (including an adult child, stepchild or grandchild);

(c) a parent, stepparent or grandparent of the employee or the employee’s spouse or de facto partner;

(d) a sibling of the employee or the employee’s spouse or de facto partner;

(e) any other person who, at or immediately before the relevant time for assessing the employee’s eligibility to take leave, lived with the employee as a member of the employee’s household;

Clause 47 – Bereavement Leave

47.1. Employees including casuals will on the death of:

(a) the spouse or de facto partner of the Employee;

(b) a former spouse or former de facto partner of the Employee;

(c) the child, step-child, foster child or grandchild of the Employee (including an adult child, step-child or grandchild);

(d) the parent, step-parent, foster parent or grandparent of the Employee;

(e) a parent in-law or former parent in-law of the Employee;

(f) the brother, sister, step-brother or step-sister; or

(g) any other person who, immediately before that person’s death, lived with the Employee as a member of the Employee’s household;

be eligible for up to three (3) days paid bereavement leave.

47.2. The Managing Director will not unreasonably withhold approval to grant bereavement leave to an Employee in respect of some other person with whom the Employee had a special relationship, on the request of the Employee.

47.3. The three (3) days need not be consecutive.

47.4. Bereavement leave is not to be taken during any other period of leave, including periods of unpaid leave.

47.5. Payment of such leave may be subject to the Employee providing evidence, if so requested by the Managing Director, of the death or relationship to the deceased that would satisfy a reasonable person.

47.6. An Employee requiring more than three (3) days bereavement leave in order to travel interstate or overseas in the event of the death of a person referred to in clause 47.1 or 47.2 may, upon providing adequate proof, in addition to any bereavement leave to which the Employee is eligible, have immediate access to annual leave and/or accrued long service leave or leave without pay provided all accrued leave is exhausted.

47.7. Travelling time for Regional Employees

(a) Subject to prior approval from the Managing Director, an Employee entitled to Bereavement Leave and who as a result of such bereavement travels to a location within Western Australia that is more than 240 kilometres from their workplace will be granted paid time off for the travel period undertaken in the Employee’s ordinary working hours up to a maximum of 15 hours per bereavement. The Managing Director will not unreasonably withhold approval.

(b) The Managing Director may approve additional paid travel time within Western Australia where the Employee can demonstrate to the satisfaction of the Managing Director that more than two (2) days travel time is warranted.

(c) The provisions of this clause are not available to Employees whilst on leave without pay or personal leave without pay.

(d) The provisions of clauses 47.7(a) and 47.7(b) apply as follows:

(i) An Employee employed on a fixed term contract for a period greater than 12 months, is credited with the same entitlement as a permanent Employee for each full year of service and pro-rata for any residual portion of employment.

(ii) An Employee employed on a fixed term contract for a period less than 12 months is credited with the same entitlement on a pro-rata basis for the period of employment.

(iii) A part-time Employee is entitled to the same entitlement as a full-time Employee for the period of employment, but on a pro-rata basis according to the number of ordinary hours worked each fortnight.

(iv) For casual Employees, the provisions apply to the extent of their agreed working arrangements.

As an SSTUWA member, you can contact Member Assist for industrial advice on:
(08) 9210 6060 | 1800 106 683 | memberassist@sstuwa.org.au