Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 328 of 2006)

 

 

VARIATION

 

1.          Insert after paragraph 35.17.2 of subclause 35.17 Agreed Leave, of clause 35 Working Conditions - Part Time Casual Teachers, Coordinators and Counsellors, of the award published 11 August 2006 (360 I.G. 500) the following new paragraphs:

 

35.17.3             Bereavement Leave

 

(i)         Subject to the evidentiary and notice requirements in 31.7.1 (ii) and 31.7.1 (iv) part time casual teachers, coordinators and counsellors are entitled to not be available to attend work, or to leave work on the death in Australia of a person prescribed in subclause 31.7.1 (iii) (b) of clause 31.7 Personal/Carer’s Leave.

 

(ii)        The employer and the part time casual teacher, coordinator or counsellor 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 part time casual teacher, coordinator or counsellor is not entitled to any payment for the period of non attendance.

 

(iii)       The employer must not fail to re-engage a part time casual teacher, coordinator or counsellor because the employee accessed the entitlements provided for in this clause. The rights of the employer to engage or not engage a part time casual teacher, coordinator and counsellor are otherwise not affected.

 

35.17.4             Personal//Carer’s Leave

 

(i)         Subject to the evidentiary and notice requirements in 31.7.1 (ii) and 31.7.1 (iv) part time casual teachers, coordinators and counsellors are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 31.7.1 (iii) (b) of clause 31.7 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.

 

(ii)        The employer and the part time casual teacher, coordinator or counsellor 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 part time casual teacher, coordinator or counsellor is not entitled to any payment for the period of non attendance.

 

(iii)       The employer must not fail to re-engage a part time casual teacher, coordinator or counsellor because the employee accessed the entitlements provided for in this clause. The rights of the employer to engage or not engage a part time casual teacher, coordinator and counsellor are otherwise not affected.

 

2.          This variation shall take effect from 19 December 2005, notwithstanding that they otherwise operate from 1 January 2006.

 

 

 

F. L. WRIGHT J , President

 

 

 

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Printed by the authority of the Industrial Registrar.