Waterways
Authority of New South Wales Award 1999
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 340 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Delete
paragraphs 8.1.3 and 8.10 of clause 8, Contract of Employment, of the award
published 22 March 2002 (332 I.G. 551), and renumber existing clauses
accordingly:
2. Insert after subclause
8.2 Conditions Applicable to Boating Service Officers (BSO's), of clause 8, and
insert in lieu thereof the following new subclauses:
8.3 Conditions
Applicable to Casual Staff
8.3.1 Casual
employment shall be for the current period of hiring which may be set at a
week, a day or an hour. The period of hire and the method for payment shall be
clearly stated at the time of engaging casual staff.
8.3.2 Casual
employment - a casual employee working ordinary time shall be paid the hourly
rate for the position plus 20% to cover Sick Leave, Annual Leave, and Public
Holidays.
8.3.3 Bereavement
entitlement for casual employees:
8.3.3.1 Subject
to the evidentiary and notice requirements set out in the Authority's Personal
Carer's Leave policy, 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 sub-clause 20.2.3 of Clause 20.2 Personal/Carer's Leave.
8.3.3.2 The
Authority 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.
8.3.4 Personal
Carer's entitlement for casual employees:
8.3.4.1 Subject
to the evidentiary and notice requirements set out in the Authority's Personal
Carer's Leave policy, 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
sub-clause 20.2.3 of Clause 20.2 Personal/Carer's Leave who are sick and
require care and support, or who require care due to an unexpected emergency,
or the birth of a child.
8.3.4.2 The
Authority 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.
8.3.5 The Authority
must not fail to re-engage a regular casual employee (see section 53 (2) of the
Industrial Relations Act 1996 (NSW) because:
8.3.5.1 The
employee or the employee's spouse is pregnant; or
8.3.5.2 The
employee is or has been immediately absent on parental leave.
8.3.6 The Authority
must not fail to re-engage a casual employee because the employee accessed the entitlements
provided for in this sub-clause, that is 8.3. The rights of the Authority to
engage or not engage a casual employee are otherwise not affected.
3. Delete
paragraphs 19.1.2, 19.1.3 and 19.1.4 of clause 19, Leave and insert in lieu
thereof the following:
19.1.2 Annual Leave
19.1.2.1 Staff
are entitled to Annual Leave as follows:
(i) Day Workers -
four weeks paid leave for each completed year of service.
(ii) Boating
Service Officers (working weekends & public holidays) - five weeks paid
leave for each completed year of service.
(iii) Team Leaders
in Environmental Services and Environmental Service Officers - 190 hours per
annum
(iv) Harbour
Master/Marine Pilots at Eden and Yamba are entitled to five weeks paid leave
for each completed year of service.
19.1.2.2 The
taking of Annual Leave entitlements will be at a time mutually agreed between
management, the employee and, where appropriate, the work team, having regard
to leave rostering arrangements and workload requirements.
19.1.2.3 Individual
requests to accrue in excess of 30 days Annual Leave will be considered on a
case by case basis.
19.1.2.4 For
purposes of taking leave, for employees on a 35 hour week, one day is
equivalent to 7 hours, and for employees on a 38 hour week, one day is
equivalent to 7.6 hours. For employees working a rostered 12 hour day, 3 days
on and 3 days off, one day is equivalent to 10.86 hours.
19.1.2.5 Staff
on Day Work will be debited for each working day absent exclusive of Public
Holidays.
19.1.2.6 Annual
Leave Accruals
The Parties agree that the maximum entitled annual
leave balance shall be no more than 30 days (or pro-rata equivalent for
part-timers) by end of the NSW school holidays in July each year. Where an employee
does not voluntarily schedule leave to meet the required target the parties
agree that:
(i) such
employees will be directed to take leave and
(ii) will be
deemed to be on leave even if they attend work on the scheduled days for the
leave.
19.1.2.7 An
employee may elect, with the consent of the Authority 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 in order to meet their personal
carer's responsibilities.
19.1.2.8 An
employee may elect with the Authority's agreement to take annual leave at any
time within a period of 24 months from the date at which it falls due in order
to meet their personal carer's responsibilities.
19.1.2.9 The
conditions for the taking of Annual Leave are set out in the relevant Parts of
this Award.
4. Delete
existing subclause 20.2 Aged and Dependant Care Leave of clause 20, Staff and
Family Assistance and insert in lieu thereof the following:
20.2 Personal
Carer's Leave
20.2.1 Paid Leave may
be provided for staff to arrange or provide short term care for sick, injured
or aged dependants or family members.
20.2.2 Paid Leave may
also be provided for staff in the case of the death of a dependant or family
member. In the case of bereavement, if Personal Carer's Leave has been
exhausted, then Special Leave can be requested (See 20.3 below)
20.2.3 A
"dependant" in both 20.2.1 and 20.2.2 is defined as any person who
has a family relationship (including de-facto partners of the opposite or same
gender) with the staff member or for whom the staff member is responsible in
terms of care and support. See Personal Carer's Policy for complete definition
of "dependant".
20.2.4 Each individual
case will be determined on a case by case basis.
20.2.5 Leave for such
purposes of up to 5 days per calendar year may be granted by the relevant
delegated manager.
20.2.6 If Personal
Carer's Leave has been exhausted, then untaken Sick Leave of up to 5 days a
year may be accessed for the current year and the three previous years for the
purposes of caring for a dependant.
20.2.7 An employee may
elect, with the consent of the Authority 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 in order to meet their personal carer's
responsibilities.
20.2.8 An employee may
elect with the Authority's agreement to take annual leave at any time within a period
of 24 months from the date at which it falls due in order to meet their
personal carer's responsibilities.
5. Delete
subclauses 20.4 Maternity Leave and 20.5 Paternity Leave of clause 20, and
insert in lieu thereof the following
20.4 Maternity, Adoption
and Parental Leave
20.4.1 Permanent and
temporary staff who have completed at least forty weeks continuous service
either with The Authority or with an organisation listed in the Schedule to the
Transferred Officers Extended Leave Act 1961, prior to commencement of
Maternity Leave shall be granted paid Maternity Leave on full pay for 14 weeks
from the date Maternity Leave commences. Maternity Leave may commence up to 14
weeks prior to the expected date of birth as indicated on the medical certificate
furnished with the application for Maternity Leave.
20.4.2 Payment for
Maternity Leave may be on a normal fortnightly basis; or in advance in a lump
sum; or at a rate of half pay over a period of 28 weeks on a regular
fortnightly basis.
20.4.3 Staff may elect
to take available Annual Leave on half pay in conjunction with any period of
Maternity Leave on half pay.
20.4.4 Staff who have
been granted Annual and/or Long Service Leave in respect of any period
subsequently allowed as paid Maternity Leave shall be re-accredited with such
Annual and/or Long Service Leave.
20.4.5 An employee who
will be the primary care giver from the date of taking custody of an adopted
child is entitled to payment at the ordinary rate of pay for a period of 14
weeks adoption leave, or the period of adoption leave taken, whichever is the
lesser, provided that the employee:
(i) applied for
adoption leave within the time and manner determined by the designated manager;
(ii) prior to the
commencement of adoption leave, had completed not less than 40 weeks'
continuous service.
20.4.6 Employees of The
Authority, who become parents and are not eligible for maternity or adoption
leave, may apply for unpaid Paternal Leave in terms of the Industrial
Relations Act 1996. Employees will be able to apply for parental leave:
(i) provided that
reasonable notice has been given to their manager to allow necessary
arrangements to be made;
(ii) prior to the
expected date of birth or taking custody (in the case of adoption) have
completed not less than 40 weeks' continuous service.
20.4.7 Up
to one week on full pay or two weeks on half pay is available to employees who
meet the above criteria, in 20.4.6. The period of parental leave does not
extend the current entitlement of up to 12 months leave, but is part of it.
20.4.8 Parental
leave is available to male or female staff. Parental leave may begin at any
time up to two years from the date of birth or taking custody of the child.
20.4.9 Employees
who are eligible for paid maternity, parental or adoption leave are entitled to
up to 12 months of unpaid leave. The paid component of the leave is included in
this 12 months and does not extend the total period of leave.
20.4.10 Casual
employees are entitled to unpaid maternity, parental and adoption leave under
Chapter 2, Part 4, Division, section 54, Entitlement to Unpaid Parental Leave,
in accordance with the Industrial Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
20.4.11 An
employee must not fail to re-engage a regular casual employee (see section 53
(2) of the Act) because:
(i) the employee
or employee's spouse is pregnant; or
(ii) the employee
is or has been immediately absent on maternity , adoption or parental leave.
the rights of the Authority in relation to engagement
and reengagement of casual employees are not affected, other than in accordance
with this sub-clause.
20.4.12 Right
to Request
20.4.12.1 An
employee entitled to maternity, adoption or parental leave may request the
Authority to allow the employee:
(i) to extend the
period of simultaneous unpaid maternity, adoption or parental leave use up to a
maximum of eight weeks;
(ii) to extend the
period of unpaid maternity, adoption or parental leave for a further continuous
period of leave not exceeding 12 months;
(iii) to return
from a period of maternity, adoption or parental leave on a part-time basis
until the child reaches school age to assist the employee in reconciling work
and parental responsibilities.
20.4.12.2 The
Authority 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 Authority's business. Such
grounds might include cost, lack of adequate replacement staff, loss of
efficiency and the impact on customer service.
20.4.12.3 The
employee's request and the Authority's decision made under 20.4.11.1 (ii) and
20.4.11.1 (iii) must be recorded in writing.
20.4.12.4 Where
an employee wishes to make a request under the sub-clause 20.4.11.1 (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 maternity,
adoption or parental leave.
20.4.13 Communication
during maternity, adoption and parental leave
20.4.13.1 Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, The Authority 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 held before
commencing parental leave.
20.4.13.2 The
employee shall take reasonable steps to inform the Authority about any
significant matter that will affect the employee's decision regarding the
duration of maternity, adoption or 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.
20.4.13.3 The
employee shall also notify The Authority of changes of address or other contact
details which might affect The Authority's capability to comply with paragraph
20.4.13.1.
6. Renumber
subclause 20.6 Child Care to read as subclause 20.5.
7. This
variation shall take effect from 19 December 2005.
F. L. WRIGHT J,
President.
____________________
Printed by
the authority of the Industrial Registrar.