New South Wales TAFE Commission (Graphic Arts Section, Sydney Institute) Wages and Conditions Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 334 of 2006)

 

 

VARIATION

 

1.          Insert after paragraph (iii) of subclause (a) Use of Sick Leave, of clause 8, Personal/Carer's Leave of the award published 11 March 2005 (349 I.G. 82) the following new subclauses:

 

(iv)       Subject to the evidentiary and notice requirements in 8 (a) (ii) and 8 (a) (iii) (5) (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 8 (a) (iii) of 8. Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

(v)        The employer and the employee shall agree on the period for which the employee will not be entitled to be available to attend work.  In the absence of agreement, the employee is entitled to not be available 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.

 

(vi)       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.

 

2.          Delete paragraph (i) and (ii) subclauses (c) Annual Leave of clause 8, and insert in lieu thereof the following:

 

(c)        Use of Annual (Recreation) Leave

 

(i)         An employee may elect with the employer’s agreement to take annual leave not exceeding tend days in single day periods, or part thereof, in any calendar year at a time or times agreed by the parties to care for a person prescribed in subclause 8 (a) (iii) of 18. Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

(ii)        An employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

(iii)       Access to annual leave, as prescribed in paragraph (i) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

3.          Delete paragraph (i) (ii) and (iii) of subclause (g) Bereavement Leave of clause 8 and insert in lieu thereof the following:

 

(i)         An employee other than a casual employee shall be entitled up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed for the purposes of Personal Carers Leave in subclause 8 (a) (iii) (b).

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in subclause 8 (a) (iii) (b), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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.