Crown
Employees (Household Staff - Department of Education and Training) Wages and
Conditions Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Education and Training.
(No. IRC 325 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Delete the
Arrangement of the award published 22 October 2004 (346 I.G. 961), and insert
in lieu thereof the following:
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Dictionary
3. Wages
3A. Deduction
of Union Membership Fees
4. Wage
Sacrifice for Superannuation and Wage/Salary Packaging Arrangements
5. Classification
Structure
6. Hours of
Work
7. Broken
Shift Allowance
8. Work
Performed on Weekends
9. Leave
10. Family and
Community Service Leave
11. Bereavement
Leave
12. Personal/Carer’s
Leave
13. Parental
Leave
14. Higher
Duties
15. Dispute
and Grievance Resolution Procedures
16. Public
Holidays
17. Overtime
18. Anti-discrimination
19. Training
and Development
20. Multi-skilling
21. Performance
Management Scheme
22. Flexible
Work Organisation
23. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Allowances
2. Renumber the
clauses in the body of the award to reflect the new Arrangement.
3. Insert after
subclause 11.5, of clause 11, Bereavement Leave, of the award published the
following new subclauses:
11.6 Subject to the
evidentiary and notice requirements in 11.2, 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 12.1.3 of 12. Personal/Carer’s Leave.
11.7 The employer
and 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.
11.8 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.
4. Insert after
paragraph 12.1.4, of clause 12, Personal/Carer’s Leave, the following new
paragraphs:
12.1.5 Subject to the
evidentiary and notice requirements in 12.1.4, 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 12.1.3 of 12. 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.
12.1.6 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.
12.1.7 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.
5. Delete
subclause 12.3, of the said clause 12, and insert in lieu thereof the
following:
12.3 Use of Annual
Leave -
12.3.1 An employee may
elect with the consent of the principal, 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 to care
for a person prescribed in subclause 12.1.3 of 12. 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.
12.3.2 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.
12.3.3 Access to annual
leave, as prescribed in subclause 12.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
12.3.4 An employee may
agree to defer payment of the annual leave loading in respect of single day
absences, until at least five consecutive annual leave days are taken.
6. Insert after
clause 12, Personal/Carer’s Leave, the following new clause:
13. Parental Leave
13.1 Parental leave
conditions of employees under this Award shall be regulated in accordance with
the provisions contained within the Act and Regulation and will be in addition
to those set out in the Industrial Relations Act 1996 (NSW) and the
Regulation.
13.2 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.
13.3 Right to Request
13.3.1 An employee
entitled to parental leave may request the employer 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.
13.3.2 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.
13.3.3 The employee’s
request and the employer’s decision made under 13.3.1 (ii) and 13.3.1 (iii)
must be recorded in writing.
13.3.4 Where an
employee wishes to make a request under 13.3.1 (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.
13.4 Communication
During Parental Leave
13.4.1 Where an
employee is on parental leave and a definite decision has been made to
introduce a 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 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.
13.4.2 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 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.
13.4.3 The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with 13.4.1.
7. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.