Crown
Employees (Department of the Arts, Sport and Recreation - Catering Officers)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 584 of 2007)
Before The Honourable
Mr Deputy President Harrison
|
31 July 2007
|
REVIEWED
AWARD
Arrangement
PART A
1. Title
2. Definitions
3. Temporary and Casual Employees
4. Salaries
5. Hours of Duty
6. Overtime
7. Leave
8. Weekends and Public Holidays
9. Higher Duties Allowance
10. Public Service Holiday
11. Annual Leave Loading
12. Utilisation of Staff
13. Uniforms
14. Grievance and Dispute Settling Procedures
15. Consultative Committee
16. Anti-Discrimination
17. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Academy Allowances
Appendix 1 - Competencies
Appendix 2 - Centre and Academy Locations
Appendix 3
PART A
1. Title
This award shall be known as the Crown Employees (Department
of the Arts, Sport and Recreation - Catering Officers) Award.
2. Definitions
2.1 "Academy"
refers specifically to the two Sport and Recreation Centres at Narrabeen and
Jindabyne locations of which are provided at Appendix 2.
2.2 "Centre"
means a Departmental residential establishment or site as listed at Appendix 2
where instruction is provided in outdoor education, sport and recreation for
all members of the community. It also
includes any place designated as part of, or as a annex to, such an
establishment.
2.3 "General
Manager" means a person occupying a position of General Manager within a
Centre or Academy.
2.4 "Director-General"
means the Director-General of the Department of the Arts, Sport and Recreation.
2.5 "Department"
means the Department of the Arts, Sport and Recreation.
2.6 "Employee"
means and includes all persons permanently or temporarily employed under the
provisions of the Public Sector Employment and Management Act 2002 and
who as at the operative date of this award were occupying one of the positions
covered by this award, or who, after that date, are appointed to or employed in
any of such positions.
2.7 "Service"
means continuous service with the Department in a position covered by the
award.
2.8 "Split
Shift" means a shift whereby the rostered hours are performed over 2
separate periods, within a maximum span of 15 hours.
2.9 "Union"
means the Public Service Association and Professional Officers Association
Amalgamated Union of New South Wales.
3. Temporary and
Casual Employees
3.1 A temporary
employee is an employee engaged as a Catering Officer or Senior Catering
Officer, consistent with Section 27 of the Public Sector Employment and
Management Act 2002.
3.2 A temporary
employee may be employed for a regular fixed period.
3.3 Temporary
employees employed under 3.1 shall receive a salary commensurate with the
individual’s level of knowledge and experience as determined by the General
Manager in accordance with the rates provided at Table 1.
3.4 A casual employee is an employee engaged
as a Catering Officer or Senior Catering Officer, consistent with section 38 of
the Public Sector Employment and
Management Act 2002.
3.5 A casual
employee may be employed on an hourly basis to meet specific short term needs.
3.6 Casual
employees shall receive a salary commensurate with the individual’s level of
knowledge and experience as determined by the General Manager in accordance
with the hourly rates provided at Table 1 and receive a loading of 15 per cent.
4. Salaries
4.1 Salary rates
applicable to employees shall be payable in accordance with Table 1 of Part B
of this award. The level of salary at which an employee is to be remunerated
shall be determined in accordance with the criteria set out at subclause 4.3.
4.2 Salary rates
in this award are set in accordance with the Crown Employees Public Sector –
Salaries 2007) Award or any variation or replacement award.
4.3 The salary
level applicable to an employee shall be determined in the following manner:
(a) Catering
Officers Levels 1 to 3 - The applicable salary will be determined by the
General Manager in consultation with the Senior Catering Officer, as outlined
in subclause 4.9, and will be based on the employee meeting the required
competencies for the level as defined at Appendix 1.
(b) Level 4
payable is to:
(i) Qualified
employees who are competent to Level 3; and
(ii) Employees at
Berry Centre who are competent to Level 3.
The entitlement for an unqualified employee to be
remunerated at Level 4 at Berry is in consideration of isolation and single
Catering Officer operation.
(c) Senior
Catering Officers must be competent in all facets of catering, responsible for
the oversighting and operation of the catering facilities within a
Centre/Academy and responsible for the supervision of at least one employee on
a full-time basis. Remuneration will be
as follows:
(i) Unqualified
Senior Catering Officers shall be paid at Level 4.
(ii) Qualified
Senior Catering Officers shall be paid at Level 5.
4.4 For the
purposes of this clause, qualifications recognised for the purposes of an
employee being considered qualified and therefore being entitled to progress to
a salary rate subject to qualification as provided for within subclause 4.2
shall be a TAFE Commercial Cooking Trade Certificate or equivalent as
determined by the Director-General.
4.5 The total
salary provided for at Table 1 represents a salary plus a loading which
incorporates:
(a) Penalty rates
(other than overtime);
(b) Broken shifts;
(c) Laundry
allowance;
(d) Annual leave
loading.
The total salary does not include the payment of
overtime.
4.6 In addition to
the salary rates provided for at Table 1, an allowance shall be payable to
employees employed at Academies, other than casual employees in recognition of the additional weekend
work responsibilities and the nature of clientele of the Academies. The amount of this allowance is provided for
in Table 2.
4.7 Casual
employees’ hourly rates of pay are as provided for at Table 1 plus a loading of
15% of the hourly rate.
4.8 The hourly
rate for casual employees shall represent full remuneration for employment and
include payment in lieu of annual leave, as provided for by the Annual
Holidays Act 1944, and compensation for the nature of employment. Casual employees will generally not be
entitled to any other leave entitlements unless the employee has served
sufficient periods of employment under the Public Sector Employment and
Management Act 2002 or the Public Sector Management Act 1988, or the
Public Service Acts of 1902 and 1979, which when combined, qualify the employee
for Long Service Leave as provided by the Long
Service Leave Act 1955, or other leave benefits approved by the Director of
Public Employment.
4.8.1 Temporary employees
employed under 3.2 (a) shall also receive the following entitlements in
accordance with the Crown Employees (Public Service Conditions of Employment)
Award 2005:
(a) Unpaid
parental leave in accordance with Clause 12 (iv)(d);
(b) Personal
Carers' entitlement in accordance with Clause 12 (v); and
(c) Bereavement
entitlement in accordance with, clause 12 (vi).
This entitlement is also set out at Appendix 3 of this
Award.
4.9 Assessment of
an employee's entitlement to progression from one level to another based on
competencies shall be undertaken in the following manner:
(a) Assessment
shall be undertaken by the Senior Catering Officer.
(b) The
entitlement for assessment for progression shall not be limited by a specific
time period.
(c) An assessment
may be undertaken at any time at the discretion of the Senior Catering Officer
or at the request of the employee to be assessed.
(d) Should no
assessment be undertaken in accordance with point (c), an assessment will be
held on the anniversary of the employee’s initial employment.
(e) Recommendations
of the assessment process shall be submitted in writing by the Senior Catering
Officer to the General Manager for approval.
Should the General Manager not agree with the Senior Catering Officer's
recommendation, the matter shall be referred to the Director-General for
determination.
(f) Recommendations
of the Senior Catering Officer are to be discussed with the assessed employee
prior to the assessment being submitted to the General Manager.
(g) The date of
effect of the progression from one level to another shall be the date
recommended by the officer responsible for undertaking the assessment.
(h) The dispute
resolution procedures contained under clause 14 may be used if a dispute arises
concerning an employee's entitlement to progression and it is not resolved
through the use of the above steps.
4.10 Unqualified
employees who wish to undertake a trade test for the purposes of being considered
qualified under the terms of this agreement shall be entitled to undertake a
trade test at the Department's expense and will be considered on duty for the
purpose of undertaking such a test.
4.11 Trade tests, as
provided for at subclause 4.10, shall be limited to one test within any twelve
month period for each employee.
5. Hours of Duty
5.1 Employees
shall be required to work up to 152 hours over a period of four weeks.
5.2 The hours of duty
which may be required to be undertaken on any given day shall be a minimum of 4
and a maximum of 12, excluding meal breaks.
At times, in order to meet client demand, it may be necessary o split
the employee’s shift. Not more than one
split shift would be rostered in any shift.
5.3 Hours of duty
shall not be restricted to specific hours of the day. However hours of duty
between 7.00 p.m. and 6.00 a.m. shall only be able to be rostered or requested
to be undertaken where it is considered that actual client demand requires such
hours of duty to be undertaken.
5.4 The maximum
number of shifts in excess of 10 hours an employee shall be rostered for duty
on consecutive calendar days shall be two.
No employee shall be rostered for more than 6 shifts in excess of 10
hours in any four week roster cycle.
5.5 Employees
shall not be rostered for more than 10 days in either the first or second
fortnight of the four-week roster period or rostered for any more than 10
consecutive calendar days over any period.
Employees shall be entitled to a minimum of 9 days during any roster
cycle for which they are to be rostered off duty.
5.6 Employees
shall be entitled to a minimum of two consecutive days for which they are not
rostered on duty in both the first and second fortnights of the four-week
roster period.
5.7 Employees
shall be entitled to a minimum of 10 hour break from duty between the cessation
of one shift and the commencement of the next.
Should no such break be provided, the employee shall be entitled to receive
payment at overtime rates, as calculated in accordance with clause 6, Overtime,
for all work undertaken until such time as a 10 hour break can be
provided. This provision does not apply
to cessation and recommencement as a consequence of a break within a split
shift.
5.8 The
distribution of weekend, public holiday and out of hour's work shall be
allocated equitably between all employees subject to the ability of the Centre
or Academy to meet client demand.
5.9 Employees
shall not be permitted to work greater than five consecutive hours without
taking a break from duty of not less than thirty minutes. This break from duty shall be without pay.
5.10 Hours of duty
shall be determined by way of roster, which shall be displayed in an area
available to all employees not less than 5 days prior to the commencement of
the four-week roster cycle.
5.11 Rostered hours
of duty may be required on any day of the week, Saturdays, Sundays and Public
Holidays included.
5.12 Rostered hours
of duty shall be prepared and approved by the General Manager or delegate to
meet the business requirements of the Centre/Academy. Where possible, the General Manager or delegate will consider the
needs of the employees and endeavour to equitably distribute work patterns.
5.13 In emergency
situations, rosters may be varied by the General Manager provided that 24 hours
notice is given to the employee of such a change.
5.14 Should an
employee receive insufficient notice as to a variation to their rostered hours
of duty in accordance with subclause 5.13, the employee shall receive payment
at overtime rates for all hours which represent the difference between the
hours of duty originally rostered and those being requested of the employee or
time in lieu of payment of overtime calculated in accordance with Clause 6,
Overtime.
6. Overtime
6.1 Overtime
refers to:
(a) all hours of
duty undertaken during a four week roster cycle in excess of 152; or
(b) all hours of duty
undertaken on days which are in excess of 10 in any fortnight (i.e.: eleventh,
twelfth, thirteenth or fourteenth days rostered in a fortnight); or
(c) hours
undertaken on the twentieth day of rostered duty in a roster cycle; or
(d) hours
undertaken beyond the hours of duty rostered on a particular day.
6.2 Subject to
subclause 6.3, an employee may be required to work reasonable overtime at
overtime rates.
6.3 An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
6.4 For the
purposes of subclause 6.3, what is unreasonable or otherwise will be determined
having regard to:
(a) any risk to
employee health and safety;
(b) the employee’s
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
6.5 Overtime shall
be paid to employees at the rate equivalent to double that of the substantive
hourly rate of pay calculated by dividing the weekly rate of pay (i.e.: annual
salary divided by 52.17857) by 38.
6.6 An employee
may elect to take leave in lieu of payment for all or part of his/her
entitlement in respect to the overtime worked.
Such leave in lieu may be accrued to a maximum of 80 hours to be
utilised at a time convenient to both the employee and the Department.
6.7 Leave in lieu of
payment in accordance with subclause 6.6 shall accrue at the rate of two hours
for each hour's overtime undertaken and proportionately for periods of less
than one hour. Proportions of overtime of less than 15 minutes shall be
disregarded in determining the amount of accrued leave in lieu.
6.8 The minimum
period of leave in lieu to which an employee may avail themselves is two hours
and shall be taken in full hour multiples.
6.9 Any overtime
accrued beyond the maximum prescribed at subclause 6.6, shall be automatically
paid to the employee.
6.10 Managers and
employees should make every effort to ensure leave in lieu entitlements are
utilised prior to the termination of services.
Payment for outstanding leave in lieu balances will only be made on the
termination of the employee’s services in exceptional circumstances, such as
death or debilitating injury or illness, that result in the sudden and early
termination of the contract.
7. Leave
7.1 Leave
entitlements shall be calculated in hours based on general public service leave
provisions.
7.2 All absences
from duty shall be determined based on the actual number of hours an employee
is absent from duty and debited in two hourly proportions.
7.3 Absences from
duty which do not total complete two hour portions shall be rounded up to the
nearest two hour portion for the purposes of debiting leave.
8. Weekends and
Public Holidays
8.1 Employees who
undertake duty on Saturdays, Sundays or Public Holidays shall receive
compensation of additional recreation leave based on the following scale:
Number
of Saturdays, Sundays and/or Public
|
Additional
Leave
|
Holidays
worked in a twelve month period
|
|
8
- 12
|
1
day
|
13
- 20
|
2
days
|
21
- 30
|
3
days
|
31
- 40
|
4
days
|
41
or more
|
5
days
|
8.2 The number of
days to be worked to entitle an employee to accrue additional recreation leave
shall refer to the actual number of days an employee is required to undertake
duty on either a Saturday, Sunday or Public Holiday irrespective of the number
of hours an employee is required to perform on those days.
8.3 For the
purposes of this clause the 12 month period shall commence from the effective
date of this award.
8.4 Employees may
only be rostered on duty on Public Holidays where client demand necessitates
the need for them to be on duty.
8.5 For the
purposes of rostering, Public Holidays shall be credited as 8 hours if an
employee is not required to attend for duty or is required for duty for a
period of less than 8 hours on that day.
Should an employee be required to work on a Public Holiday for 8 hours
or more, the actual hours of duty on that day shall be credited against the
roster.
8.6 Employees who
are required to undertake duty on a Saturday, Sunday or Public Holiday shall
not be entitled to any additional payment.
9. Higher Duties
Allowance
9.1 Higher duties
allowance is only payable to employees required to relieve in classifications
of a higher salary level for a period of 5 consecutive working days or more in accordance
with the provisions of Part 5 Division 2 Higher Duties and Acting Allowances of
the Public Sector Employment and Management (General) Regulation 1996.
10. Public Service
Holiday
10.1 All employees
shall be entitled to receive one day off duty each year recognised as the
Public Service Holiday.
10.2 The Public
Service Holiday shall be any one of the calendar days which fall within the
last calendar fortnight of each year and shall be considered as being an 8 hour
day for the purposes of credit toward the 152 hour 4-week roster cycle.
10.3 Determination
of the day to be granted to an employee as a Public Service Holiday shall be at
the General Manager's discretion.
10.4 Employees shall
be advised as to the day on which their Public Service Holiday is to be granted
by no later than 1 December of each year.
10.5 Public Service
Holiday provided for in this clause shall be in lieu of all picnic days
provided for under industrial instruments governing employees covered by this
award.
11. Annual Leave
Loading
11.1 Total salary
rates provided for by the terms of this award incorporate payment for annual
leave loading.
12. Utilisation of
Staff
12.1 Employees may
be required, at the direction of the General Manager, to undertake duties of a
Services Officer.
12.2 The discretion
of the General Manager to utilise staff in accordance with subclause 12.1 shall
only be used in situations where demand requires.
12.3 No employee
shall be required to undertake functions of a Services Officer for which the
employee has not been sufficiently instructed or in the absence of supervision
from an appropriately trained person.
12.4 Employees shall
not unreasonably refuse to undertake training and/or instruction in roles and
responsibilities of the role of Catering Officer or Services Officer.
13. Uniforms
13.1 Employees shall
be provided with uniforms so as each employee has the following articles
available to them:
4 pairs of pants;
4 aprons;
4 jackets; and
2 pairs of shoes
13.2 Articles of clothing
provided in accordance with subclause 13.1 shall be replaced upon that
particular article of clothing being deemed as unserviceable. The discretion as to the replacement of the
article of clothing shall be that of the General Manager.
14. Grievance and
Dispute Settling Procedures
14.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
Department, if required.
14.2 An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
14.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act, 1977) that makes it impractical for the employee to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Department
Head or delegate.
14.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
14.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within two (2) working days, or as soon as
practicable. The employee may pursue the sequence of reference to successive
levels of management until the matter is referred to the Department Head.
14.6 The Department
Head may refer the matter to the Director of Public Employment for
consideration.
14.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
14.8 An employee, at
any stage, may request to be represented by the Association.
14.9 The employee or
the Association on their behalf, or the Department Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
14.10 The employee,
Association, Department and the Director of Public Employment shall agree to be
bound by any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
14.11 Whilst the
procedures outlined in subclauses (i) to (x) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any employee or member
of the public.
15. Consultative
Committee
15.1 The parties
will use the Department’s Joint Consultative Committee to consider issues
raised in relation to the Award and to recommend action if necessary. The parties agree to consider issues in a
consultative and cooperative manner.
15.2 Recommendations
from the Committee will be submitted to the Director-General with a request for
a report back to the Committee.
16.
Anti-Discrimination
16.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
16.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
16.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or as been involved in a complaint of unlawful discrimination
or harassment.
16.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
16.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the doctrines
of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
17. Area, Incidence
and Duration
17.1 This award
shall apply to all employees employed for the purposes of cooking and general catering
responsibilities in Centres and Academies of the Department of the Arts, Sport
and Recreation.
17.2 The employees
regulated by this award shall be entitled to the conditions of employment as
set out in this award and, except where specifically varied by this award,
existing conditions as provided for under the Public Sector Employment and
Management Act 2002 and Regulations and the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 and the Crown Employees (Public
Sector - Salaries 2007) Award or any replacement awards.
17.3 This award is
made following a review under Section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Catering Officers -
Department of Tourism Sport and Recreation) Award published 23 April 2004 (344
I.G. 101) and all variations thereof.
17.4 The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles of
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) and take effect 31 July 2007.
17.5 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from
first full pay period after 1 July 2007
|
Level
|
Base Salary
|
Loading
|
Total Salary
|
Total Hourly
|
|
|
Per Annum
|
Per Annum
|
Per Annum
|
Salary Rate
|
|
|
$
|
$
|
$
|
$
|
|
1
|
32,995
|
9,898
|
42,893
|
21.63
|
|
2
|
34,038
|
10,212
|
44,250
|
22.32
|
|
3
|
35,063
|
10,519
|
45,582
|
22.99
|
|
4
|
36,194
|
10,859
|
47,053
|
23.73
|
|
5
|
37,474
|
11,243
|
48,717
|
24.57
|
|
Table 2 - Academy
Allowance
|
Rates Effective
from first full pay period after 1 July 2007
|
|
Annual
|
Hourly
|
|
$
|
$
|
Senior Catering Officer
|
3,749
|
1.89
|
Catering Officer
|
1,809
|
0.91
|
Appendix 1
Competencies
Level 1 - Competent in the following aspects of catering:
(i) Knowledge of
cleaning chemicals and their application.
(ii) Knowledge of
basic nutrition.
(iii) Knowledge of
food storage and handling procedures.
(iv) Knowledge of
kitchen and personal hygiene.
(v) Knowledge of
kitchen management and safety.
(vi) Knowledge of
catering equipment and an ability to utilise and operate such equipment.
(vii) Basic
knowledge of Equal Employment Opportunity and Occupational Health and Safety
Acts.
Level 2 - In addition to the competency requirements of
Level 1, competent in the following aspects of catering:
(i) Ability to
oversee stock control and arrange ordering of all food items as required.
(ii) Knowledge of
portion contro1.
(iii) Ability to
carry out menu planning.
(iv) Basic
knowledge of the Health Act and its relationship to kitchen operation.
(v) Commitment to
Equal Employment Opportunity principles; or
a minimum of 5 years service within a Centre/Academy or
equivalent experience and where, in accordance with the staff appraisal
process, performance warrants such salary.
Level 3 - in addition to the competency requirements of
Level 2, competent in the following aspects of catering:
(i) Ability to
undertake pastry cooking, butchery or other specialised cookery functions as
considered appropriate.
(ii) Ability to
organise and undertake catering for functions such as weddings, dinner nights,
etc.
(iii) Ability to
perform decoration with regard to food presentation.
(iv) Ability to
cater for special dietary needs. or
a minimum of 10 years service within a Centre/Academy
or equivalent experience and where, in accordance with the staff appraisal
process, performance warrants such salary.
Appendix 2
Centre and Academy
Locations
Berry Sport and Recreation Centre
BERRY 2535
Borambola Sport and Recreation Centre
660A Tarcutta Road
WAGGA WAGGA 2650
Broken Bay Sport and Recreation Centre
BROOKLYN 2083
Lake Ainsworth Sport and Recreation Centre
LENNOX HEAD 2478
Lake Burrendong Sport and Recreation Centre
MUMBIL 2820
Jindabyne Sport and Recreation Centre
JINDABYNE 2627
Lake Keepit Sport and Recreation Centre
GUNNEDAH 2380
Milson Island Sport and Recreation Centre
BROOKLYN 2083
Myuna Bay Sport and Recreation Centre
DORA CREEK 2264
Point Wolstoncroft Sport and Recreation Centre
GWANDALAN 2259
Sydney Academy of Sport
Wakehurst Parkway
NARRABEEN2101
Appendix 3
(i) Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial
Relations Act 1996. The following provisions shall also apply in addition
to those set out in the Industrial Relations Act 1996 (NSW).
(a) The Department
Head must not fail to re-engage a regular casual employee (see section 53(2) of
the Act) because:
(A) the employee or
employee's spouse is pregnant; or
(B) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
reengagement of casual employees are not affected, other than in accordance
with this clause.
(ii) Personal
Carers entitlement for casual employees
(a) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in (iii) below who is sick and requires
care and support, or who requires care due to an unexpected emergency, or the
birth of a child. This entitlement is subject to the evidentiary requirements
set out below in (d), and the notice requirements set out in (e).
(b) The Department
Head and the casual employee shall agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(c) A Department
Head must not fail to re-engage a casual employee because the employee accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not to engage a casual employee are otherwise not affected.
(d) The casual employee
shall, if required,
(A) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(B) establish by production
of documentation acceptable to the employer or a statutory declaration, the
nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
In normal circumstances, a casual employee employed must
not take carer's leave under this subclause where another person had taken
leave to care for the same person.
(e) The casual
employee employed must, as soon as reasonably practicable and during the
ordinary hours of the first day or shift of such absence, inform the employer
of their inability to attend for duty. If it is not reasonably practicable to
inform the employer during the ordinary hours of the first day or shift of such
absence, the employee will inform the employer within 24 hours of the absence.
(iii) A family member for the purposes of (ii)
(a) above is:
(a) a spouse of the employee; or
(b) a de facto spouse being a person of the
opposite sex to the employee who lives with the employee as her husband or his
wife on a bona fide domestic basis although not legally married to that
employee; or
(c) a child or an adult child (including an
adopted child, a step child, a foster child or an ex-nuptial child), parent
(including a foster parent or legal guardian), grandparent, grandchild or
sibling of the employee or of the spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or a relative of the employee who is a member of the same household,
where for the purposes of this definition:
"relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
"affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
"household"
means a family group living in the same domestic dwelling.
(iv) Bereavement
entitlements for casual employees
(a) Casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a family member on production of satisfactory
evidence (if required by the employer).
(b) The Department
Head and the casual employee shall agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(c) A Department Head
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
(d) The casual
employee employed must, as soon as reasonably practicable and during the
ordinary hours of the first day or shift of such absence, inform the employer
of their inability to attend for duty.
If it is not reasonably practicable to inform the employer during the
ordinary hours of the first day or shift of such absence, the employee will
inform the employer within 24 hours of the absence."
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.