Crown
Employees (Saturday School of Community Languages) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Education and Training.
(No. IRC 330 of 2006)
Before The Honourable Justice
Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
numerical order in clause 1, Arrangement of the award published 23 December
2005 (355 I.G. 628) the following new clause number 12. Parental Leave and Other
Entitlements and renumber existing clauses accordingly:
12. Parental
Leave and Other Entitlements
13 Dispute
Resolution Procedures
14. No Further
Claims
15. Goods and
Services Tax
16. Deduction
of Union Membership Fees
17. Leave
Reserved
18. Area, Incidence
and Duration
2. Insert after
clause 11, Anti-Discrimination the following new clause:
12. Parental Leave
and Other Entitlements
12.1 Employees will
be entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
Section 54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996,
if they meet the definition of a regular casual employee (see section 53(2) of
the Industrial Relations Act 1996). The following provisions shall also apply
in addition to those set out in the Industrial Relations Act 1996 (NSW).
12.4.1 The
Director-General must not fail to re-engage an employee who meets the
definition of a regular casual employee 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 the Director-General in relation to
engagement and re-engagement of employees are not affected, other than in
accordance with this clause.
12.2 Personal Carers
Entitlements
12.2.1 Employees are entitled
to not be available to attend work, or to leave work if they need to care for a
family member described in 12.4.2 below who is sick and requires care and
support, or who requires care due to an unexpected emergency, or the birth of a
child. This entitlement is subject to the evidentiary requirements set out
below in 12.2.4, and the notice requirements set out in 12.2.5.
12.2.2 The
Director-General 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 employee is not entitled to any payment for the period of
non-attendance.
12.2.3 The Director-General
must not fail to re-engage an employee because the employee accessed the
entitlements provided for in this clause. The rights of the Director-General to engage or not to engage a
employee are otherwise not affected.
12.2.4 The employee
shall, if required,
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(i) establish by
production of documentation acceptable to the Director-General or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
12.2.5The employee must, as soon as reasonably
practicable and during the ordinary hours of the first day of such absence,
inform the Director-General of their inability to attend for duty. If it is not
reasonably practicable to inform the Director-General during the ordinary hours
of the first day of such absence, the employee will inform the Director-General
within 24 hours of the absence.
12.3 Bereavement
entitlements
12.3.1 Employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a family member on production of satisfactory evidence (if
required by the Director-General).
12.3.2 The
Director-General 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 employee is not entitled to any
payment for the period of non-attendance.
12.3.3 The
Director-General must not fail to re-engage a employee because the employee
accessed the entitlements provided for in this clause. The rights of the
Director-General to engage or not engage a employee are otherwise not affected.
12.3.4 The employee
must, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the Director-General of their
inability to attend for duty. If it is not reasonably practicable to inform the
Director-General during the ordinary hours of the first day or shift of such
absence, the employee will inform the Director-General within 24 hours of the
absence.
12.4 The entitlement
in accordance with this clause is subject to:
12.4.1 the employee
being responsible for the care and support of the person concerned; and
12.4.2 the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto spouse,
being a person of the opposite sex to the employee who lives with the employee
as her husband or his wife on a bona fide domestic basis although not legally
married to that employee; or
(iii) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or of the spouse or of the
de facto spouse of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household where, for the purposes of
this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
2 Renumber
Clause 12, Dispute Resolution Procedures as Clause 13.
3 Renumber
Clause 13, No Further Claims as Clause 13.
4 Renumber
Clause 14, Goods and Services Tax as Clause 15.
5 Renumber
Clause 15, Deduction of Union Membership Fees as Clause 16.
6 Renumber
Clause 16, Area, Incidence and Duration as Clause 17.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.