School Support Staff (Catholic Independent Schools) (State) Award 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Independent Education Union, Industrial Organisation of Employees.

 

(No. IRC 1415 of 2006)

 

 

VARIATION

 

1.          Delete subclause 19.1, of clause 19, Parental Leave - Schedule A Schools, of the award published 13 January 2006 (356 I.G. 196), and insert in lieu thereof the following:

 

19.1      Maternity Leave

 

(a)        An employee who applies for maternity leave under Part 4 of Chapter 2 of the Industrial Relations Act 1996 and:

 

(i)         is granted maternity leave for a period of fourteen weeks or longer by the employer; and

 

(ii)        the date of birth is on or after 30 January 2006

 

shall be entitled to maternity leave in accordance with this sub-clause.

 

(b)       Subject to the provisions of sub-paragraphs (i), (ii) and (iii) of this paragraph, the maternity leave shall be paid for fourteen weeks at the rate of salary the employee would have received, if the employee had not taken maternity leave. (If the period of maternity leave granted to the employee is for less than fourteen weeks then the period of paid maternity leave shall be for such lesser period).

 

(i)         For employees required to work 48 weeks a year and paid an unaveraged salary in accordance with clause 6(xi) of the award, the fourteen weeks paid maternity leave shall be inclusive of non term periods falling within the fourteen weeks. For the purpose of this subparagraph, paid maternity leave shall not include any period of annual leave.

 

(ii)        For employees not required to work 48 weeks a year and paid an averaged salary in accordance with clause 6(xii)(c) of the award, the fourteen weeks paid maternity leave shall be inclusive of non term periods falling within the fourteen weeks, other than where an employee works up until the last day of a term in which case the maternity leave shall be deemed to commence from the first day of the following school term. For the purpose of this subparagraph, non-term periods shall not include the first four weeks of the school summer vacation period.

 

(iii)       For employees not required to work 48 weeks a year and stood down without pay during pupil vacation periods in accordance with clause 6(xii)(a) of the award the fourteen weeks paid maternity leave shall be inclusive of non term periods falling within the fourteen weeks and shall be paid at the employee’s average weekly salary. For the purpose of this subparagraph, the average weekly salary shall be determined by taking the total salary earned by the employee over the previous 12 months and dividing it by 52.14 weeks.

 

(c)        The employee may elect to be paid during the period of paid leave in paragraph (b) of this sub-clause either in accordance with the usual employer payment schedule or as a lump sum payment in advance.

 

(d)       Where an employee applies for a lump sum payment in advance under paragraph (c) of this sub-clause, the employee shall give the employer at least one month’s notice of intention.

 

(e)        If an employee has commenced paid maternity leave and subsequently the employee’s pregnancy results in a miscarriage or a still birth, the employee shall be entitled to retain payment in accordance with this clause equivalent to salary for the period of maternity leave taken by the employee.

 

(f)        Paid maternity leave shall commence no earlier than one term prior to the expected date of birth.

 

(g)       The employer may deduct payment for any absence of the employee (to which the employee, but for this clause, would have been entitled under clause 17, Sick Leave) in the period four calendar weeks prior to the expected date of birth from the payment of paid maternity leave to which the employee is entitled pursuant to this subclause.

 

(h)       Non term weeks within the period of paid maternity leave shall be deemed to be non term weeks worked by the employee for the purpose of clause 15, Annual Leave and Payment on Termination.

 

(i)         An employee on paid maternity leave in accordance with this clause will not be employed as a casual employee by the employer during such paid leave.

 

(j)         Where an employee gives birth to a child whilst on unpaid leave (other than maternity leave in relation to the birth of the same child) the employee will be entitled to maternity leave in accordance with Part 4 of Chapter 2 of the Industrial Relations Act 1996. However, the employee will not be entitled to an additional fourteen weeks payment in accordance with paragraph (b) of this sub-clause.

 

(k)        Except as varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall apply.

 

2.          This variation shall take effect on and from 10 March 2006.

 

 

 

M. SCHMIDT J

 

 

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Printed by the authority of the Industrial Registrar.