Crown
Employees (Domestic Services Officers - Department of Agriculture) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 367 of 2006)
Before The Honourable Justice
Wright, President
|
3 February 2006
|
VARIATION
1. Insert at the
end of clause 10, Leave, of the award published 231 May 2004 (344 I.G. 596),
the following
In addition to the leave entitlements set out above, the following
provisions shall also apply.
(a) An employer
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 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.
(b) Right to
Request
(i) An employee
entitled to parent leave may request the employer to allow the employee:
(A) extend the
period of simultaneous unpaid parent leave use up to a maximum of eight weeks;
(B) to extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
(C) return from a
period of parent leave on a part time basis until the child reaches school age;
to assist the staff member in reconciling work and
parental responsibilities.
(ii) 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.
(iii) Employee's
request and the employer's decision made under paragraph 31.3 (b) (i) (B) and
31.3 (b) (i) (C) above, must be recorded in writing.
(iv) Request to return
to work part-time
Where an employee wished to make a request under 31.1
(b) (i) (C) above, such a request must be made as soon as possible but no less
that seven weeks prior to the date upon which the employee is due to return to
work from parental leave.
(c) Communication
during Parental Leave
(i) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(A) 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
(B) 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.
(ii) 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.
(iii) 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 paragraph 31.3 (i).
2. This
variation shall take effect from the 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by the
authority of the Industrial Registrar.