Crown Employees NSW Adult Migrant English Service (Teachers and Related Employees) Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 332 of 2006)

 

 

VARIATION

 

1.          Insert in clause 1, Arrangement, of the award published 23 December 2005 (355 I.G. 573), the following new clause number and subject matter and renumber the existing clauses as follows:

 

20.       Adoption, Maternity and Parental Leave

21.       Conditions of Employment - Casual Teachers

22.       Professional Development

23.       AMES Year

24.       Transfer Procedures

25.       Anti-Discrimination

26.       Dispute Resolution Procedures

27.       Goods and Services Tax

28.       Flexible Working Arrangements

29.       Deduction of Union Membership Fees

30.       No Further Claims

31.       Leave Reserved

32.       Area, Incidence and Duration

 

2.          Delete paragraph 19.3.1, of clause 19, Personal/Carer's Leave, of the award and insert in lieu thereof the following:

 

19.3.1               An employee may elect, with the consent of the Director, subject to the Annual Holidays Act 1944, 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.

 

3.          Insert after paragraph 19.3.2, of the said clause 19, the following new paragraph:

 

19.3.3   An employee may elect with the Director-General’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

4.          Insert after the said clause 19, the following new clause and renumber the clauses in the body of the award to reflect the new Arrangement:

 

20.  Adoption, Maternity and Parental Leave

 

20.1      Adoption, maternity and parental leave conditions of employees under this Award shall be regulated in accordance with the provisions contained within the Public Sector Employment and Management Act 2002 and Regulation and will be in addition to those set out in the Industrial Relations Act 1996 (NSW) and Regulation.

 

20.2      Right to Request

 

20.2.1   An employee entitled to adoption, maternity and parental leave may request the Director-General to allow the employee:

 

(i)         to extend the period of simultaneous unpaid parental leave use 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 employee in reconciling work and parental responsibilities.

 

20.2.2   The Director-General 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 Director-General’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

20.2.3   The employee’s request and the Director-General’s decision made under 20.2.1 (ii) and 20.2.1 (iii) must be recorded in writing.

 

20.2.4   Where an employee wishes to make a request under 20.2.1(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

20.3      Communication During adoption, maternity and parental Leave

 

20.3.1   Where an employee is on parental leave and a definite decision has been made to introduce a significant change at the workplace, the Director-General 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 employee held before commencing parental leave; and

 

(ii)        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 parental leave.

 

20.3.2   The employee shall take reasonable steps to inform the Director-General about any significant matter that will affect the employee’s decision regarding the duration of parental 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.

 

20.3.3   The employee shall also notify the Director-General of changes of address or other contact details which might affect the Director-General’s capacity to comply with 20.3.1.

 

5.          Delete subclause 21.6, of clause 21, Conditions of Employment - Casual Teachers, and insert in lieu thereof the following:

 

21.6

 

21.6.1  Employees will be entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section 54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996, if they meet the definition of a regular casual employee (see section 53(2) of the Industrial Relations Act 1996). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

21.6.2  The Director-General 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 the Director-General in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

6.          Insert after subclause 21.8, of the said clause 21, the following new subclause 21.9, and renumber the existing subclause 21.9 to read as 21.11.

 

21.9      Personal Carers Leave

 

21.9.1  Casual staff members are entitled to not be available to attend work, or to leave work if they need to care for a family member described in clause 19.1.3 (b) of the Award 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 in 21.9.4(a), and the notice requirements set out in 21.9.4(b).

 

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

 

21.9.3  The Department must not fail to re-engage a casual staff member because the staff member accessed the entitlements provided for in this clause. The rights of the department to engage or not to engage a casual staff member are otherwise not affected.

 

21.9.4  The casual staff member 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 Director-General or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the staff member.

 

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

 

21.9.5  The casual staff member must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Director-General of their inability to attend for duty. If it is not reasonably practicable to inform the Director-General during the ordinary hours of the first day or shift of such absence, the staff member will inform the Director-General within 24 hours of the absence.

 

7.          Insert after subclause 21.9, of the said clause 21, the following new subclause 21.10, and renumber the existing subclause 21.10 to read as 21.12.

 

21.10    Bereavement entitlements for casual staff members

 

21.10.1             Casual staff members 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 Director-General).

 

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

 

21.10.3             The Director-General must not fail to re-engage a casual staff member because the staff member accessed the entitlements provided for in this clause.  The rights of the Director-General to engage or not engage a casual staff member are otherwise not affected.

 

21.10.4             The casual staff member must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Director-General of their inability to attend for duty. If it is not reasonably practicable to inform the Director-General during the ordinary hours of the first day or shift of such absence, the staff member will inform the Director-General within 24 hours of the absence.

 

8.          This variation shall take effect on and from 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

 

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Printed by the authority of the Industrial Registrar.