Crown Employees (Home Care Service of New South Wales - Administrative Staff) Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Public Employment Office.

 

(No. IRC 376 of 2006)

 

 

VARIATION

 

1.          Delete paragraphs 3(i) and (iii), of clause 31, Personal/Carer's Leave, of the award published 6 May 2005 (350 I.G. 951), and insert in lieu thereof the following:

 

(i)         An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(iii)       An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least ten consecutive days are taken.

 

2.          Insert after subclause 6, of the said clause 31, the following new subclauses:

 

(7)        Personal Carers Entitlement for Casual employees

 

(i)         Subject to the evidentiary and notice requirements in subclause 1(ii) and subclause1(iv) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 1.1.3(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(ii)        he employer and the 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.

 

(iii)       An employer 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.

 

(8)        Bereavement entitlements for Casual employees

 

(i)         Subject to the evidentiary and notice requirements in subclause (1) (ii) and (iv), casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 1 (iii) of clause 31 Personal/Carers Leave.

 

(ii)        The employer and the 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

 

(iii)       An employer 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.

 

3.          Delete subclause 3, of clause 32, Parental Leave, and insert in lieu thereof the following subclauses:

 

3.          Other Parent Leave

 

An employee, other than a casual employee, who has completed 12 months' continuous service with the employer prior to the commencement of 'other parent' ;eave, shall be entitled to unpaid "other parent' leave under the following conditions:

 

(i)         Up to a maximum of eight week's simultaneous unpaid leave;

 

(ii)        A further continuous period of unpaid leave to become the primary care giver for a period not exceeding 12 months less any leave already taken by the staff member as provided for in paragraph (i) of this subclause.

 

(iii)       Provided that an employee shall:

 

(a)        give 10 weeks' notice of his or her intention to take 'other parent' leave;

 

(b)        make a statutory declaration:

 

that he or she is applying for leave to become the primary caregiver;

 

detailing maternity or adoption leave sought or taken by his or her spouse;

 

that he or she will take another job or in any other way contravene his or her contract of employment while on 'other parent' leave,

 

4.          Right to request

 

(i)         An employee entitled to either maternity, adoption or 'other parent' leave, other than a casual employee, may request the employer to allow the employee:

 

(a)        to extend the period of unpaid maternity, adoption or 'other parent' leave for a further continuous period of leave not exceeding 12 months;

 

(b)        to return from a period of maternity, adoption or 'other parent' leave on a part-time basis until the child reaches school age to assist the employee in reconciling work and parental responsibilities.

 

(ii)        The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

5.          Communication during maternity, adoption or 'other parent' leave

 

(i)         Where an employee is on maternity, adoption or 'other parent' leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(a)        make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing maternity, adoption or other parent leave; and

 

(b)        provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing maternity, adoption or 'other parent' leave.

 

(ii)        The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of maternity, adoption or 'other parent' leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(iii)       The employee shall also notify the employer of change of address or other contact details which might affect the employer’s capacity to comply with paragraph (i).

 

6.          Casual Employees

 

(i)         An employer 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 re-engagement of casual employees are not affected, other than in accordance with this clause.

 

4.          This variation shall take effect from the 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

 

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Printed by the authority of the Industrial Registrar.