Crown
Employees (School Administrative and Support Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Education and Training.
(No. IRC 530 of 2011)
Before The Honourable
Mr Justice Staff
|
12 May 2011
|
VARIATION
1. Insert in
numerical order in the Arrangement of the award published 31 October (366 I.G.
887) the following new clause number and subject matter:
16A. Leave for
Matters Arising from Domestic Violence
2. Insert after
subclause 2.22, of clause 2, Definitions the following new subclause:
2.23 Domestic Violence
means domestic violence as defined in the Crimes (Domestic and Personal
Violence) Act 2007.
3. Insert after
clause 16 Leave, the following new clause:
16A. Leave for Matters
Arising from Domestic Violence
16A.1 The definition of
domestic violence is found in clause 2.23, Definitions, of this award;
16A.2 Leave entitlements
provided for in sub clause 16.4 Family and Community Service Leave, 16.7,
Personal Carers Leave, and 16.9, Sick Leave, may be used by an employee
experiencing domestic violence;
16A.3 Where the leave
entitlements referred to in subclause 16A.2 are exhausted, the Director-general
shall grant Special Leave as per clause 16.14.11;
16A.4 The Director-General
will need to be satisfied, on reasonable grounds, that domestic 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 Domestic Violence Support
Service or Lawyer;
16A.5 Personal
information concerning domestic violence will be kept confidential by the
agency;
16A.6 The
Director-General, 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.
4. Delete
subclause 16.4 of clause 16, and insert in lieu thereof the following:
16.4.1 The
Director-General shall grant to a permanent or long term temporary employee
some, or all of their accrued family and community service leave on full pay,
for reasons relating to unplanned and emergency family responsibilities or
other emergencies as described in subclause 16.4.2 of this clause. The
Director-general may also grant leave for the purposes in subclause 16.4.3 of
this clause. Non-emergency appointments or duties shall be scheduled or
performed outside of normal working hours or through approved use of
appropriate leave.
16.4.2 Such unplanned and
emergency situations may include, but not be limited to, the following:
(i) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(ii) Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(iii) Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens a staff members property and/or prevents a staff member
from reporting for duty;
(iv) Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
(v) Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Department Head considers the granting of family and community service leave to
be appropriate in a particular case.
16.4.3 Family and
community service leave may also be granted for:
(i) An absence
during normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(ii) Attendance as
a competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
16.4.4 Family and
community service leave shall accrue as follows:
1. two and a half
days in the staff members first year of service;
2. two and a half
days in the staff members second year of service; and
3. one day per
year thereafter.
16.4.5 If available
family and community service leave is exhausted as a result of natural
disasters, the Director-General shall consider applications for additional
family and community service leave, if some other emergency arises. On the
death of a person defined in paragraph 16.7.3 of this clause, additional paid
family and community service leave of up to two days may be granted on a
discrete, per occasion basis to a permanent or long-term temporary employee
16.4.6 In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with subclause 16.7 of this clause
shall be granted when paid family and community service leave has been
exhausted or is unavailable.
5. Insert after
clause 16.14.10 the following new subclause.
16.14.11 Matters
arising from domestic violence situations.
When the leave entitlements referred to in clause 16A.
Leave for Matters Arising From Domestic Violence have been exhausted, the
Department Head shall grant up to five days per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
6. This variation
is effective from 15 February 2011.
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.