Teachers (Country and Regional Dioceses) (State) Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 33 of 2006)

 

 

VARIATION

 

1.          Delete clause 11 Catholic Personal/Carer’s Leave of the award published 17 December 2004 (347 I.G. 750)and replace with the following:

 

11.  Catholic Personal/Carer’s Leave

 

11.1      Use of Sick Leave to Provide Care and Support for a Family Member

 

(a)        A teacher other than a casual teacher, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) who needs the teacher’s care and support, shall be entitled to use, in any year, in accordance with this subclause, 10 days of current and 30 days of accrued sick leave entitlement provided for at Clause 10 of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

(b)        The teacher shall, if required,

 

(i)         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

 

(ii)        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 teacher.

 

In normal circumstances, a teacher must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the teacher being responsible for the care of the person concerned; and

 

(ii)        the family member being a parent, step-parent, spouse, grandchild, sibling, grandparent, child, step-child, foster child, adopted child and foster parent of the teacher or spouse.

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer's and employee's requirements.

 

Where the parties are unable to reach agreement the disputes procedure at clause 21 should be followed.

 

11.2      Use of Sick Leave for a Pressing Domestic Necessity

 

(a)        Subject to paragraph (c), for the purposes of this clause "pressing domestic necessity" means any reason at the discretion of the employer, provided that such discretion is not unreasonably withheld and is exercised so as not to contravene any applicable provisions of the Anti-Discrimination Act 1997.

 

(b)        A teacher, other than a casual teacher, with sick leave credits may apply to utilise such credits up to five of any current or accrued sick leave entitlement days in any one year of the teacher’s service, for any pressing domestic necessity other than to care for or support a person defined in subparagraph 11.1(c)(ii).

 

(c)        Where a teacher, other than a casual teacher, is not entitled to utilise sick leave credits pursuant to paragraph 11.1(a) he or she may access 10 days current and 30 days accrued sick leave for any pressing domestic necessity where the teacher is responsible for the care or support of a person not referred to in subparagraph 11.1(c)(ii).

 

(d)        The yearly entitlement for the purpose of pressing domestic necessity in paragraph 11.2(b) is non-cumulative.

 

(e)        If required, a teacher shall provide a written statement or other evidence supporting the application for Personal/Carer’s Leave for the purpose of pressing domestic necessity.

 

11.3      Notification of Intention to Take Leave

 

In relation to sub-clauses 11.1 and 11.2, wherever practicable, a teacher shall give the employer notice prior to the absence of the intention to take leave.  The teacher shall also provide the name of the person requiring care, that person’s relationship to the teacher, the nature of any pressing domestic necessity, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

11.4      Unpaid Leave for Family Purpose

 

A teacher may elect, with the consent of the employer to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph 11.1(c)(ii) or paragraph 11.2(c) who is ill or who requires care due to an unexpected emergency.

 

11.5      Entitlement for casual teachers

 

(a)        Subject to the requirements in paragraph 11.3, casual teachers are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 11.1 (c) (ii) of this clause who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

(b)        The employer and the teacher shall agree on the period for which the teacher will be entitled to not be available to attend work.  In the absence of agreement, the teacher is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual teacher is not entitled to any payment for the period of non-attendance.

 

(c)        An employer must not fail to re-engage a casual teacher because the teacher accessed the entitlements provided for in this clause.  The rights of an employer to engage or not to engage a casual teacher are otherwise not affected.

 

2.          Insert after subclause 12.4 of clause 12, Parental Leave the following new subclauses:

 

12.5      Casual Teachers

 

An employer must not fail to re-engage a regular casual teacher (see section 53(2) of the Industrial Relations Act 1996 (NSW)) because:

 

(a)        the teacher or teacher's spouse is pregnant; or

 

(b)        the teacher is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual teachers are not affected, other than in accordance with this clause.

 

12.6      Right to request

 

(a)        A teacher entitled to parental leave may request the employer to allow the teacher:

 

(i)         to extend the period of simultaneous unpaid parental leave up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the teacher in reconciling work and parental responsibilities.

 

(b)        The employer shall consider the request having regard to the teacher’s circumstances and, provided the request is genuinely based on the teacher’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.

 

(c)        Teacher’s request and the employer’s decision to be in writing

 

The teacher’s request and the employer’s decision made under subparagraphs (a) (ii) and (iii) of this paragraph must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where a teacher wishes to make a request under subparagraph (a) (iii), such a request must be made as soon as possible before the date upon which the teacher is due to return to work from parental leave.

 

12.7      Communication during parental leave

 

(a)        Where an teacher is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave; and

 

(ii)        provide an opportunity for the teacher to discuss any significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave.

 

(b)        The teacher shall take reasonable steps to inform the employer about any significant matter that will affect the teacher’s decision regarding the duration of parental leave to be taken, whether the teacher intends to return to work and whether the teacher intends to request to return to work on a part-time basis.

 

(c)        The teacher shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

 

3.          Insert after paragraph (f) of subclause 15.1 Bereavement Leave, of clause 15 Other Leave, the following new paragraph:

 

(g)        Bereavement Entitlement for casual teachers

 

(i)         Casual teachers are entitled to not be available to attend work, or to leave work upon the death in Australia of a person in relation to whom the teacher could have utilised Catholic Personal/Carer’s Leave in 11.5, provided that for the purpose of this bereavement entitlement, the casual teacher need not have been responsible for the care of the person concerned.  A casual teacher must notify the employer as soon as practicable of their intention to access this entitlement and may be required to provide the employer with satisfactory evidence of such death.

 

(ii)        The employer and the teacher shall agree on the period for which the teacher will be entitled to not be available to attend work.  In the absence of agreement, the teacher is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual teacher is not entitled to any payment for the period of non-attendance.

 

(iii)       An employer must not fail to re-engage a casual teacher because the teacher accessed the entitlements provided for in this clause.  The rights of an employer to engage or not engage a casual teacher are otherwise not affected.

 

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

 

 

 

F. L. WRIGHT J , President

 

 

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Printed by the authority of the Industrial Registrar.