Macquarie Generation Employees
(State) Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Macquarie
Generation.
(No. IRC 404 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
numerical order in the Arrangement of the award published 26 August 2005 (353
I.G. 362) the following new clause number and subject matter:
30. Parental
Leave
2. Delete
subclause 25.3 of Clause 25, Carer's Leave and insert in lieu thereof the
following:
25.3
(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.
3. Insert a new
paragraph (b) in subclause 25.3 of clause 25.
25.3
(b) 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.
4. Insert a new
subclause 25.8 in clause 25.
25.8 Carer's
Entitlement for Casual Employees
(a) Subject to the
evidentiary and notice requirements in paragraph (b) of sub clause 1 of this
clause 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 paragraph (b) of sub
clause 2 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.
5. Insert a new
subclause 26.6 in clause 26, Bereavement Leave.
26.6 Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in sub clause 2 of this clause 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 paragraph (b) of sub clause 2 of
Clause 25, Carer's Leave.
(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 engage a casual employee are otherwise not affected.
6. Insert after
clause 29, Leave Reserved the following new clause 30, Parental Leave.
30. Parental Leave
30.1 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)
30.2 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.
30.3 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 30.3(a)(ii) and 30.3(a)(iii) must be
recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
30.3(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.
30.4 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).
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.
7. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J
, President
____________________
Printed by the authority of
the Industrial Registrar.