Public
Health System Nurses' and Midwives' (State) Award 2011
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Nurses' Association, Industrial Organisation of Employees.
(No. IRC 816 of 2011)
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Before Commissioner
Macdonald
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17 June 2011
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VARIATION
1. Insert in
alphabetical order in clause 1, Arrangement after clause "55 Learning and
Development Leave" of the award published 25 March 2011 (371 I.G. 388) the
following new clause number and subject matter:
11. Leave for
Matters arising from Family Violence
2. Insert after
clause 10, Salary Sacrifice to Superannuation, the following clause 11,
Intentionally left blank to read as follows:
11. Leave for Matters
Arising from Family Violence
(i) In this clause
family violence means domestic violence as defined in the Crimes (Domestic
and Personal Violence Act) 2007.
(ii) The leave
entitlements provided for in clause 37, Sick Leave and clause 32, Family and
Community Services Leave of this Award may be used by staff members experiencing
family violence.
(iii) Where the
leave entitlements referred to in subclause (ii) above are exhausted, the
employer shall grant up to five days special leave on full pay per calendar
year to be used for absences from the workplace to attend to matters arising
from family violence situations.
(iv) The employer
will need to be satisfied, on reasonable grounds, that family violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a court, a doctor, a Family Violence Support
Service or lawyer.
(v) Personal
information concerning family violence will be kept confidential by the
employer.
(vi) The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
3. Insert at the
end of subclause (vi) of clause 32, Family and Community Services Leave and
Personal/Carer's Leave, the following new sentence.
The use of FACS leave to attend court pursuant to
clause 11, Leave for Matters arising from Family Violence of this award shall
be governed by the provisions of clause 11.
4. This variation
shall take effect from 17 June 2011.
A.
MACDONALD, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.