Nurses,
Non-Government Schools (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Nurses' Association, Industrial Organisation of Employees.
(No. IRC 6618 of 2005)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
numerical order in Part A of the award published 11 March 05 (349 I.G. 1) the
following new clause number and subject matter, and renumber existing clause
27, to read as clause 28.
27. Parental
Leave
28. Area,
Incidence and Duration
2. Insert after
paragraph (c) of subclause (i) of clause 4, Casual and Part-Time Employees the
following new paragraph:
(d) A casual employee
shall be entitled to the provisions found in clauses 12, 13, 14 and 15.
3. Delete
paragraphs (a)and (b) of subclause (i) of Clause 12 Carer's Leave and replace
with the following:
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in (i)(c) who needs the employee’s care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at Clause 11 Sick Leave, for absences to
provide care and support for such persons when they are ill, or who require
care due to an unexpected emergency. Such leave may be taken for part of a
single day.
(b) 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
(ii) establish by
production of documentation acceptable to the employer 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, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
4. Insert at the
end of subclause (i) of clause 12, the following notation.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 23 should be followed.
5. Delete
paragraph (a) of subclause (i) of clause 12 - and insert in lieu thereof the
following:
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
6. Insert after
paragraph (c) of subclause (iii) of Clause 12, the following new paragraph:
(d) An employee
may elect with the employer’s agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
7. Insert after
subclause (iii) of Clause 12 the following new subclause:
(iv) Personal
Carers Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in (i)(b) casual employees are entitled to
not be available to attend work, or to leave work if they need to care for a
person prescribed in subclause (i)(c) of this clause who are sick and require
care and support, or who require care due to an unexpected emergency, or the
birth of a child.
(b) The employer
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
casual employee is not entitled to any payment for the period of
non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
8. Delete
paragraphs (a) and (b) of subclause (i) of Clause 13, Catholic Personal/Carers
Leave and insert in lieu thereof the following:
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in (i)(c) who needs the employee’s care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at Clause 11 Sick Leave, for absences to provide
care and support for such persons when they are ill, or who require care due to
an unexpected emergency. Such leave may be taken for part of a single day.
(b) 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
(ii) establish by
production of documentation acceptable to the employer 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, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
9. Insert at the
end of subclause (i) of clause 13 the following notation:
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee shall
discuss appropriate arrangements which, as far as practicable, take account of
the employer's and employee's requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 23 should be followed.
10. Delete
subclause (iv) of Clause 13 and insert in lieu thereof the following:
(iv) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person set out in subclause
(i)(c) above who is ill or who requires care due to an unexpected emergency.
11. Delete
paragraph (a) of subclause (v) Clause 13 and insert in lieu thereof the
following:
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
12. Insert after
paragraph (c) of subclause (iii) of Clause 13, the following new paragraph:
(d) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
13. Insert after
subclause (v) of Clause 13 the following new subclause:
(vi) Personal
Carers Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in (i)(b) casual employees are entitled to
not be available to attend work, or to leave work if they need to care for a
person prescribed in subclause (i)(c) of this clause who are sick and require
care and support, or who require care due to an unexpected emergency, or the
birth of a child.
(b) The employer
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 casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
14. Delete clause
14, Bereavement Leave and insert in lieu thereof the following:
14. Bereavement Leave
(a) Upon the death
within Australia of an employee's husband or wife, including de facto husband
or de facto wife, parent, child including stepchild or ward, brother or sister,
mother-in-law or father-in-law, the employee shall be entitled upon notice to
leave of absence for two working days. Proof of death of the relative shall lie
upon the employee.
(b) Bereavement
leave shall be available to an employee in respect of the death of a member of
the employee’s immediate family or household as defined in clause 12, Carer’s
Leave.
(c) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(d) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii) and (iii) of the said clause 12. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the school.
(e) Bereavement
entitlements for casual employees
(i) Subject to
the evidentiary and notice requirements in subclause (a) casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause (i)(c)(ii) of Clause 12,
Personal/Carers Leave
(ii) The employer
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 casual employee is not entitled to any
payment for the period of non-attendance
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
15. Insert after
subclause (e) of Clause 15 Bereavement Leave (Catholic Standard), the following
new subclause:
(f) Bereavement
entitlements for casual employees
(i) Subject to
the evidentiary and notice requirements in subclause (b) casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause (i)(c)(ii) of Clause 12,
Personal/Carers Leave
(ii) The employer
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
casual employee is not entitled to any payment for the period of non-attendance
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
16. Insert after
clause 26, Superannuation the following new clause:
27. Parental Leave
(i) Refer to the Industrial
Relations Act 1996 (NSW). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW)
(ii) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or
employee's spouse is pregnant; or
(b) 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.
(iii) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) 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.
(c) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(iv) Communication
during parental leave
(a) 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:
(i) 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
(ii) 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.
(b) 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.
(c) 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 (a).
17. This order
shall take effect on and from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.