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New South Wales Industrial Relations Commission
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AMBULANCE SERVICE OF NEW SOUTH WALES SUPERINTENDENT/OPERATIONAL MANAGERS (STATE) AWARD
  
Date08/25/2006
Volume360
Part4
Page No.914
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C4871
CategoryAward
Award Code 009  
Date Posted08/24/2006

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(009)

(009)

SERIAL C4871

 

Ambulance Service of New South Wales Superintendent/Operational Managers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Health Administration Corporation.

 

(No. IRC 392 of 2006)

 

Before The Honourable Justice Wright, President

13 February 2006

 

VARIATION

 

1.          Delete the words in clause 2, Arrangement of clause 17, "Personal/Carer's, Family and Community Service Leave" of the award published 31 March 2006 (358 I.G. 668) and insert in lieu thereof the following:

 

17.       Family and Community Services Leave and Personal/Carer's Leave

 

2.          In Clause 2, Arrangement, delete the words "Schedule ‘A’ - Personal/Carer’s leave, Family and Community Services Leave (Policy Directive 2005_431)" and insert in lieu thereof the following:

 

"Schedule ‘A’ - Family and Community Services Leave and Personal/Carer’s Leave"

 

3.          Delete Clause 17, Personal/Carer’s, Family and Community Services Leave and insert in lieu thereof the following:

 

17.  Family and Community Services Leave and Personal/Carer’s Leave

 

Employees shall be granted family and community services leave and personal/carer’s leave in accordance with the provisions at Schedule A - Family and Community Services Leave and Personal/Carer’s Leave of this award."

 

4.          Delete Clause 18, Maternity, Adoption and Parental Leave and insert in lieu thereof the following  Attachment A.

 

5.          Delete Schedule - A, Personal Carer’s Leave, Family and Community Services Leave and replace with the following Attachment B.

 

6.          Insert after clause 17, Personal/Carer’s, Family and Community Service Leave, the following new Attachment A.

 

ATTACHMENT A

 

18.  Maternity, Adoption and Parental Leave

 

This clause is to be read in conjunction with the Service’s Instructional Circular 05/16 or subsequent replacement Instructional Circulars as issued by the Service.

 

A.         Maternity Leave

 

(a)        Eligibility for Paid Maternity Leave

 

(i)         Full time employees

 

Female employees who prior to the expected date of birth, have completed at least forty (40) weeks continuous service (of not less than 31.25 hours per week) are eligible for paid maternity leave.

 

(ii)        Permanent part-time employees

 

Permanent part-time employees are employees engaged on a permanent part-time basis as defined by their Award. Female employees employed on this basis are entitled to pro-rata paid maternity leave after forty (40) weeks continuous service.

 

(iii)       An employee who has once met conditions for paid maternity leave will not be required to again work the forty (40) weeks continuous service in order to qualify for a further period of paid maternity leave, unless:

 

(1)        there has been a break in service where the employee has been re-employed or re-appointed after resignation, medical retirement, or after her services have been otherwise dispensed with; or

 

(2)        the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)        Entitlements to Paid Maternity Leave

 

(i)         Eligible employees are entitled to fourteen (14) weeks at the ordinary rate of pay from the date maternity leave commences. This leave may commence up to fourteen (14) weeks prior to the expected date of birth.

 

(ii)        Paid maternity leave may be paid:

 

on a normal fortnightly basis; or

 

in advance in a lump sum; or

 

at the rate of half pay over a period of twenty-eight (28) weeks on a regular fortnightly basis.

 

Annual and/or long service leave credits can be combined with periods of maternity leave on half pay to enable an employee to remain on full pay for that period.

 

(iii)       Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

 

(c)        Entitlements to Unpaid Maternity Leave

 

(i)         An employee entitled to paid maternity leave is entitled to a further period of unpaid maternity leave of not more than twelve (12) months from the actual date of birth. The leave therefore does not extend beyond the child’s first birthday.

 

(ii)        Full time or permanent part time female employees who are not eligible for paid maternity leave are entitled to unpaid maternity leave of not more than 12 months.

 

(d)        Applications for Maternity Leave

 

(i)         An employee who intends to proceed on maternity leave should formally notify their Divisional Manager (in writing) of such intention as early as possible however, not less than eight (8) weeks prior to the commencement of leave. This notice must include a statement of:

 

(1)        The intention to proceed on maternity leave;

 

(2)        The expected date of birth certified by a medical practitioner;

 

(3)        The period of leave to be taken;

 

(4)        The date on which maternity leave is to commence;

 

(5)        You must also attach a Statutory Declaration stating any period of parental leave sought or taken by your spouse. This declaration must also state that the applicant is the child’s primary caregiver for the period of leave sought.

 

(6)        Your entitlement to maternity leave is reduced by any period of parental leave taken by your spouse. Apart from parental leave of one (1) week at the time of birth, maternity leave is not to be taken concurrently with parental leave except as otherwise provided at subclause (a)(i) of Part D of this clause.

 

(e)        Applications for Further Maternity Leave

 

(i)         Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave shall be granted.  If an employee enters on the second period of maternity leave during the currency of the initial period of maternity leave, then any residual maternity leave from the initial entitlement ceases.

 

(ii)        An employee who commences a subsequent period of maternity leave whilst on unpaid maternity leave under subclause (c)(i) of Part A of this clause or subclause (a)(ii) of Part D of this clause is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on maternity leave).

 

(iii)       An employee who commences a subsequent period of maternity leave during the first 12 months of a return to duty on a part-time basis as provided under subclause (a)(iii) of Part D of this clause is entitled to be paid at their substantive full time rate for the subsequent period of maternity leave.

 

(iv)       An employee who commences a subsequent period of maternity leave more than 12 months after returning to duty on a part-time basis under subclause (a)(iii) of Part D of this clause, will be entitled to paid maternity leave for the subsequent period of maternity leave at their part-time rate.

 

(f)         Variations of Maternity Leave

 

After commencing maternity leave, an employee may vary the period of her maternity leave -

 

(i)         once without the consent of the Service, but with a minimum of fourteen (14) days notice in writing; and

 

(ii)        otherwise with the consent of the Service, with a minimum of fourteen (14) days notice in writing.

 

However, more advanced notice is encouraged, especially for uniformed staff because of roster arrangements.

 

(g)        Staffing Provisions

 

In accordance with obligations established by the Industrial Relations Act 1996 (Section 69) any person who occupies the position of an employee on maternity leave must be informed that the employee has the right to return to her former position. Additionally, since an employee has the right to vary the period of her maternity leave; offers of temporary employment should be in writing, stating clearly the temporary nature of the contract of employment. The duration of employment should be also set down clearly; to a fixed date or until the employee elects to return to duty, whichever occurs first.

 

(h)        Effect of Maternity Leave on Accrual of Leave, Increments, etc

 

(i)         Unpaid maternity leave does not count as service for the purposes of accruing sick leave (unless the period of unpaid leave is less than one month, although it is unlikely that unpaid maternity leave would be for such a lesser period), annual leave (unless the period of unpaid maternity leave is less than 28 calendar days) or long service leave (unless the employee has completed ten years service and the period of unpaid maternity leave is less than six months).

 

(ii)        Unpaid maternity leave is not to be counted as service for determining incremental progression. Periods of maternity leave at full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis. Notwithstanding the foregoing, increments based on age must be paid on attainment of the appropriate age.

 

(iii)       During a period of unpaid maternity leave the employee will not be required to meet the employer’s superannuation liability. The employee will, however, be required to make any necessary arrangements for their own contributions.

 

(iv)       When the employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual leave and any period of maternity leave on half pay is taken into account to the extent of one half thereof when determining the accrual of annual leave.

 

(v)        Except in the case of employees who have completed ten (10) years service the period of maternity leave without pay does not count as service for long service leave purposes. Where the employee has completed ten (10) years service, the period of maternity leave without pay shall count as service provided such leave does not exceed six (6) months.

 

(vi)       Where public holidays occur during the period of paid maternity leave, payment is at the rate of maternity leave received, i.e. public holidays occurring in a period of full pay maternity leave are paid at full rate and those occurring during a period of half pay leave are paid at half rate.

 

(i)         Illness Associated with Pregnancy

 

(i)         If, because of an illness associated with her pregnancy, an employee is unable to continue to work, then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take any sick leave without pay.

 

(ii)        Where an employee is entitled to paid maternity leave but, because of illness or injury, is on workers’ compensation, sick, annual, long service leave, or sick leave without pay prior to the birth, such leave will cease nine (9) weeks prior to the expected date of birth. The employee will then commence on maternity leave with the normal provisions applying.

 

(j)         Effect of Premature Birth on Payment of Maternity Leave

 

An employee who gives birth prematurely prior to proceeding on maternity leave, shall be treated as being on maternity leave from the date she enters on leave to give birth to the child.

 

(k)        Stillbirth

 

In the case of a stillbirth, (as classified by the Registry of Births, Deaths and Marriages) an employee may elect to take sick leave or maternity leave, subject to production of a medical certificate. She may resume duty at any time provided she produces a doctor's certificate as to her fitness.

 

(l)         Miscarriage

 

In the event of a miscarriage, any absence from work is to be covered by the current sick leave provisions.

 

(m)       Fitness to Continue Working During Pregnancy and Alternative Work

 

(i)         Whilst an employee may commence maternity leave up to fourteen (14) weeks, prior to the expected date of birth, this is not compulsory. However, if an employee decides to continue working prior to taking maternity leave, she must be able to satisfactorily perform her normal duties.

 

(ii)        Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obligated, as far as practicable, to provide alternative employment in some other position that she is able to satisfactorily to perform, until maternity leave commences. A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.

 

(n)        Right to Return to Previous Position

 

(i)         An employee who returns to work after maternity leave has a right to return to her former position.

 

(ii)        Where this position no longer exists, the employee is entitled to be placed in a position nearest in status and salary to that of her former position and to which the employee is capable and/or qualified.

 

(o)        Portability of Service for Paid Maternity Leave

 

When determining an employee’s eligibility for paid maternity leave, continuous service with an organisation that is part of the public sector service as defined in the Public Sector Employment and Management Act 2002 will be recognised, provided that:

 

service was on a full time or permanent part time (as specified) basis;

 

cessation of service with the former employer was not by reason of dismissal on any ground, except retrenchment or reduction of work;

 

the employee commences duty with the new employer on the next working day after ceasing employment with the former employer. (There may be a break in service of up to 2 months before commencing duty with the new employer, provided that the new position was secured before ceasing duty with the former employer. However, such a break in service will not be counted as service for the purpose of calculating any prior service prerequisite for paid maternity leave.)

 

Portability of service for paid maternity leave involves the recognition of service in public sector organisations for the purpose of determining an employee’s eligibility to receive paid maternity leave. For example, where an employee moves between a Public Service Department and a public hospital, previous continuous service will be counted towards the service prerequisite for paid maternity leave.

 

B.         Adoption Leave

 

(a)        Eligibility for Adoption Leave

 

(i)         All full time and permanent part time employees who are adopting a child and are to be the primary care giver of the child are entitled to unpaid adoption leave .

 

(ii)        Employees who are adopting a child and are to be the primary care giver of the child are entitled to paid adoption leave as follows:

 

Full time employees

 

Employees who, prior to the date of taking custody of the child, have completed 40 weeks continuous service (of not less than 31.25 hours per week) are eligible for paid adoption leave.

 

Permanent part-time employees

 

Permanent part-time employees are employees engaged in a permanent part-time basis as defined by their Award. These employees are entitled to pro-rata paid adoption leave after forty (40) weeks continuous service.

 

(iii)       An employee who has once met conditions for paid adoption leave will not be required to again work the forty (40) weeks continuous service in order to qualify for a further period of paid adoption leave, unless:

 

(1)        there has been a break in service where the employee has been re-employed or re-appointed after resignation, medical retirement, or after her services have been otherwise dispensed with; or

 

(2)        the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)        Entitlements

 

(i)         Paid Adoption Leave

 

Eligible employees are entitled to fourteen (14) weeks at the ordinary rate of pay.  This leave may commence from the date of taking custody of the child.

 

Paid adoption leave may be paid:

 

on a normal fortnightly basis; or

 

in advance in a lump sum; or

 

at the rate of half pay over a period of twenty-eight (28) weeks on a regular fortnightly basis.

 

Annual and/or long service leave credits can be combined with periods of adoption leave at half pay to enable an employee to remain on full pay for that period.

 

(ii)        Unpaid Adoption Leave

 

Eligible employees are entitled to unpaid adoption leave as follows:

 

where the child is under the age of 12 months - a period of not more than 12 months from the date of taking custody;

 

where the child is over the age of 12 months and under 18 years old - a period of up to 12 months, such period to be agreed upon by both the employee and the employer.

 

(c)        Applications for Adoption Leave

 

(i)         Due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that, in the reasonably near future, they will take custody of a child, should formally notify the employer as early as practicable of the intention to take adoption leave, normally 8 weeks prior. This will allow arrangements associated with the adoption leave to be made.

 

(ii)        A statement must also be provided from the adoption agency or appropriate body/government authority confirming that the applicant/employee is to have custody and the expected date of placement of the child.

 

(d)        Applications for Further Adoption Leave

 

Same provisions as maternity leave.

 

(e)        Variations of Adoption Leave

 

Same provisions as maternity leave.

 

(f)         Staffing Provisions

 

Same provisions as maternity leave.

 

(g)        Effect of Adoption Leave on Accrual of Leave, Increments, etc

 

Same provisions as maternity leave.

 

(h)        Right to Return to Previous Position

 

Same provisions as maternity leave.

 

(i)         Portability of Service for Paid Adoption Leave

 

Same provisions as maternity leave.

 

C.         Parental Leave

 

(a)        Eligibility for Parental Leave

 

(i)         Full time employees

 

Employees who, prior to the expected date of birth or to the date of taking custody of the child, have completed 40 weeks continuous service (of not less than 31.25 hours per week) are eligible for parental leave.

 

(ii)        Permanent part-time employees

 

Permanent part-time employees are employees engaged in a permanent part-time basis as defined by their Award. These employees are entitled to pro-rata paid parental leave after forty (40) weeks continuous service.

 

(iii)       An employee who has once met conditions for parental leave will not be required to again work the forty (40) weeks continuous service in order to qualify for a further period of parental leave, unless:

 

(1)        there has been a break in service where the employee has been re-employed or re-appointed after resignation, medical retirement, or after her services have been otherwise dispensed with; or

 

(2)        the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)        Entitlements

 

Eligible employees whose spouse or partner (including a same sex partner) is pregnant or is taking custody of a child, are entitled to a period of leave not exceeding 52 weeks, which includes one week of paid leave, and may be taken as follows:

 

(i)         an unbroken period of up to one week at the time of the birth of the child, taking custody of the child or other termination of the pregnancy (short parental leave).

 

(ii)        the entitlement of one week’s paid leave may be taken at anytime within the 52 week period and shall be paid:

 

at the employees ordinary rate of pay for a period not exceeding one week on full pay, or

 

two weeks at half pay or the period of parental leave taken, whichever is the lesser period.

 

(iii)       a further unbroken period of unpaid parental leave not exceeding 52 weeks when added to short parental leave in order to be the primary caregiver of the child (extended parental leave).

 

(iv)       extended parental leave cannot be taken at the same time as the employee’s spouse or partner is on maternity or adoption leave, except as otherwise provided at subclause (a)(i) of Part D of this clause.

 

Annual and/or long service leave credits can be combined with periods of parental leave at half pay to enable an employee to remain on full pay for that period. 

 

(c)        Applications for Parental Leave

 

(i)         An employee who intends to proceed on parental leave should formally notify their employer of such intention as early as possible, so that arrangements associated with their absence can be made.

 

(ii)        The employee should give written notice of the intention to take the leave, at least four weeks before proceeding on leave, and should detail the dates on which they propose to start and end the period of leave.  It is recognised in situations of taking custody of a child, little or no notice may be provided to the employee. In such an instance, the employee should notify the employer as early as practicable.

 

(iii)       The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that their spouse or partner is pregnant and the expected date of birth, or in the case of an adoption, an official form or notification on taking custody of the child.

 

(iv)       In the case of extended parental leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating:

 

if applicable, the period of any maternity leave sought or taken by his spouse, and

 

that they are seeking the period of extended parental leave to become the primary caregiver of the child.

 

(d)        Variations of Parental Leave

 

Same provisions as maternity leave.

 

(e)        Staffing Provisions

 

Same provisions as maternity leave.

 

(f)         Effect of Parental Leave on Accrual of Leave, Increments, etc.

 

Same provisions as maternity leave.

 

(g)        Right to Return to Previous Position

 

Same provisions as maternity leave.

 

(h)        Portability of Service for Paid Parental Leave

 

Same provisions as maternity leave.

 

D.         Right to Request

 

(a)        An employee entitled to maternity, adoption or parental leave may request the employer to allow the employee:

 

(i)         to extend the period of simultaneous parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid maternity, adoption or extended parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to return from a period of maternity, adoption or 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)        The employee’s request and the employer’s decision made under subclauses (a)(ii) and (iii) of this Part must be recorded in writing.

 

(d)        Where an employee wishes to make a request under subclause (a)(iii) of this Part:

 

(i)         the employee is to make an application for leave without pay to reduce their full time weekly hours of work;

 

(ii)        such application must be made as early as possible to enable the employer to make suitable staffing arrangements.  At least four weeks notice must be given;

 

(iii)       salary and other conditions of employment are to be adjusted on a basis proportionate to the employee’s full time hours, that is for long service leave the period of service is to be converted to the full time equivalent and accredited accordingly.

 

E.         Communication During Leave

 

(a)        Where an employee is on maternity, adoption or 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 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 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 leave to be taken, 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 subclause (a) of this Part. 

 

7.          Delete Schedule A, Personal Carer's Leave, Family and Community Services Leave and insert in lieu thereof the following:

 

ATTACHMENT B

 

SCHEDULE A

 

Family and Community Services Leave And Personal/Carers’ Leave

 

Family and Community Services (FACS) Leave and Personal/Carer’s Leave are separate, stand alone entitlements.

 

A.         FACS Leave

 

(a)        FACS Leave - General

 

(i)         For the purpose of this clause relating to FACS leave:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

(ii)        A manager may grant FACS leave to an employee:

 

(1)        to provide care and/or support for sick members of the employee’s relatives or household; or

 

(2)        for reasons related to the family responsibilities of the employee (e.g. to arrange and or attend a funeral of a relative; to accompany a relative to a medical appointment where there is an element of emergency; parent/teacher meetings; education week activities; to meet elder-care requirements of a relative); or

 

(3)        for reasons related to the performance of community service by the employee (e.g. in matters relating to citizenship; to office holders in local government, other than as a mayor, for attendance at meetings, conferences or other associated duties; representing Australia or the State in major amateur sport other than in Olympic/Commonwealth Games); or

 

(4)        in a case of pressing necessity (e.g. where an employee is unable to attend work because of adverse weather conditions which either prevent attendance or threaten life or property; the illness of a relative; where a child carer is unable to look after their charge).

 

(iii)       FACS leave replaces compassionate leave.

 

(iv)       An employee is not to be granted FACS leave for attendance at court to answer a criminal charge, unless the Chief Executive Officer or authorised delegate approves the grant of leave in the particular case.

 

Applications for FACS leave to attend court, for reasons other than criminal charges, will be assessed on an individual basis.

 

(b)        FACS Leave - entitlement

 

(i)         The maximum amount of FACS leave on full pay that may be granted to an employee is:

 

(1)        3 working days during the first year of service, commencing on and from 1 January 1995, and thereafter 6 working days in any period of 2 years; or

 

(2)        1 working day, on a cumulative basis effective from 1 January 1995, for each year of service after 2 years’ continuous service, minus any period of FACS leave already taken by the employee since 1 January 1995,

 

whichever method provides the greater entitlement.

 

(ii)        For the purposes of calculating entitlements under (b)(i)(1) and (2) above, a working day for employees working 38 hours per week shall be deemed to consist of 8 hours. For shift workers the rate at which FACS leave is paid out and utilised shall be on actual hours absent from a rostered shift. 

 

Example A: An employee working 38 hours per week will have an entitlement, in their first year of employment, to 24 hours of FACS leave. If the employee take FACS leave for a full 10 hour shift, the employee would be debited 10 hours of FACS leave.

 

Example B: An employee, employed prior to 1 January 1995, applies for FACS leave on 20 February 1997. The employee is entitled to 6 days in any period of two years. Therefore, to calculate the employee’s available FACS leave as at 20 February 1997, add all FACS leave taken from 21 February 1995 to 20 February 1997 and deduct that amount from the 6 days entitlement. 

 

(iii)       FACS leave is available to part-time employees on a pro rata basis, based on the average number of hours worked per week. A working day shall consist of one-fifth of the employee’s average weekly hours during the preceding 12 months or during the employee’s period of employment, whichever is the lesser period. 

 

Example: An employee working an average of 30 hours per week will have an entitlement, in his/her first year of employment, of 18 hours of FACS leave. If the employee takes FACS leave for a full rostered shift eg of 4 hours, the employee would be debited 4 hours of FACS leave. Likewise, if the employee was rostered for 8 hours and was absent for the full 8 hours on FACS leave, he/she would be debited 8 hours of FACS leave.

 

(c)        Additional FACS leave for bereavement purposes

 

Where FACS leave has been exhausted, additional FACS leave of up to 2 days for bereavement may be granted on a discrete, "per occasion" basis to an employee on the death of a relative or member of a household as defined in subclause (a) (i) of Part A of this clause.

 

(d)        Use of other leave entitlements

 

A manager may grant an employee other leave entitlements for reasons related to family responsibilities or community service, by the employee. 

 

An employee may elect, with the consent of the employer, to take annual leave; long service leave; or leave without pay.

 

B.         Personal/Carer’s Leave

 

(a)        Use of sick leave to care for the person concerned - definitions

 

A person who needs the employee’s care and support is referred to as the "person concerned" and is:

 

(i)         a spouse of the employee; or

 

(ii)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(iii)       a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or 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 purpose of this clause relating to Personal/Carer’s Leave:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

(b)        Use of sick leave to care for the person concerned - entitlement

 

(i)         The entitlement to use sick leave in accordance with this subclause is subject to:

 

(1)        the employee being responsible for the care and support of the person concerned; and

 

(2)        the person concerned being as defined in subclause (a) of Part B of this clause.

 

(ii)        Other than an employee who receives a loading in lieu of sick leave, an employee with responsibilities in relation to a person who needs their care and support shall be entitled to use the untaken sick leave, from that year’s annual sick leave entitlement, to provide care and support for such persons when they are ill.

 

(iii)       Sick leave accumulates from year to year. In addition to the current year’s grant of sick leave available under (ii) above, sick leave untaken from the previous 3 years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

 

(iv)       A manager may, in special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave untaken prior to the period referred to in subclause (iii) above.

 

(v)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, that the illness of the person concerned is such as to require care by another person.

 

(vi)       The employee has the right to choose the method by which the ground for leave is established, that is, by production of either a medical certificate or statutory declaration.

 

(vii)      The employee is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration.

 

(viii)     The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(ix)       In normal circumstances, the employee must not take leave under this part where another person has taken leave to care for the same person.

 

(c)        Use of other leave entitlements

 

An employee may elect, with the consent of the employer, to take:

 

(i)         annual leave, including annual leave not exceeding 10 days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties. An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken. 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.

 

(ii)        long service leave; or

 

(iii)       leave without pay for the purpose of providing care and support to the person concerned as defined in subclause (a) of Part B of this clause. 

 

(d)        Use of make-up time

 

An employee may elect, with the consent of the employer, to work "make-up" time.  "Make-up time" is worked when the employee takes time off during ordinary hours for family or community service responsibilities, and works those hours at another time.

 

8.          This variation shall take effect from 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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