Crown Employees (National Parks
and Wildlife Service) Conditions of Employment 2000 Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 381 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
numerical order in clause 2, Arrangement of the award published 23 July 2004
(345 I.G. 411), the following new annexure number and subject matter:
Annexure 5 - Casual Leave Entitlements
2. Insert after
subclause (ii), of clause 15, Temporary Work Arrangements, the following new
subclause:
(iii) casuals shall
also receive the following entitlements in accordance with the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006:
(a) Unpaid
parental leave in accordance with clause 12 (iv) (d);
(b) Personal
Carer's entitlement in accordance with clause 12 (v); and
(c) Bereavement
entitlement in accordance with clause 12 (vi).
This entitlement is also set out in this award at
Annexure 5 - Casual Leave Entitlements
3. Insert after
Annexure 4 - Salary Schedule for Field Officer Classification, the following
new Annexure:
Annexure 5
CASUAL LEAVE
ENTITLEMENTS
(a) Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial
Relations Act 1996. The following
provisions shall apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(i) The
Department Head 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.
(b) Personal
Carers entitlement for casual employees
(i) Casual 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 Clause 29B (iii) (b) who is sick and
requires care and support, or who require care due to an unexpected emergency,
or the birth of a child. This entitlement is subject to the evidentiary
requirements set out below in (Iv), and the notice requirements set out in (v).
(ii) The
Department Head 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) A Department
Head 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.
(iv) The casual
employee shall, if required,
(a) 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
(b) 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, a casual employees must not
take carer's leave under this subclause where another person has taken leave to
care for the same person.
(v) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
(c) Bereavement
entitlements for casual employees
(i) Casual
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 employer).
(ii) The
Department Head and the casual 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) A Department
Head 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.
(iv) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
4. This
variation shall take effect from the 19 December 2005.
F.
L. WRIGHT J
, President
____________________
Printed by
the authority of the Industrial Registrar.