Teachers (Catholic Early Childhood
Service Centres and Pre-Schools) (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 317 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Delete clause
11 Catholic Personal/Carer's Leave of the award published 30 August 2002 (335 I.G.
1351) and insert in lieu thereof the following:
11. Catholic
Personal/Carer's Leave
11.1 Use of Sick
Leave to Provide Care and Support for a Family Member
(a) A teacher
other than a casual teacher, with responsibilities in relation to a class of person
set out in subparagraph (ii) of paragraph (c) who needs the teacher's care and
support, shall be entitled to use, in any year, in accordance with this
subclause, 10 days of current and 30 days of accrued sick leave entitlement
provided for at Clause 10 of the award, 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 teacher
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 teacher.
In normal circumstances, a teacher must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the teacher
being responsible for the care of the person concerned; and
(ii) the family
member being a parent, step-parent, spouse, grandchild, sibling, grandparent,
child, stepchild, foster child, adopted child and foster parent of the teacher
or spouse.
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 teacher shall
discuss appropriate arrangements which, as far as practicable, take account of
the employer's and teacher's requirements.
Where the parties are unable to reach agreement the
disputes and grievances procedure at Clause 20 should be followed.
11.2 Use of Sick
Leave for a Pressing Domestic Necessity
(a) Subject to
paragraph (c), for the purposes of this clause "pressing domestic
necessity" means any reason at the discretion of the employer, provided
that such discretion is not unreasonably withheld and is exercised so as not to
contravene any applicable provisions of the Anti-Discrimination Act
1977.
(b) A teacher,
other than a casual teacher, with sick leave credits may apply to utilise such
credits up to five of any current or accrued sick leave entitlement days in any
one year of the teacher's service, for any pressing domestic necessity other
than to care for or support a person defined in subparagraph 11.1(c)(ii).
(c) Where a
teacher, other than a casual teacher, is not entitled to utilise sick leave
credits pursuant to paragraph 11.1(a) he or she may access 10 days current and
30 days accrued sick leave for any pressing domestic necessity where the
teacher is responsible for the care or support of a person not referred to in
subparagraph 11.1(c)(ii).
(d) The yearly
entitlement for the purpose of pressing domestic necessity in paragraph 11.2(b)
is non-cumulative.
(e) If required, a
teacher shall provide a written statement or other evidence supporting the
application for Personal/Carer's Leave for the purpose of pressing domestic
necessity.
11.3 Notification of
Intention to Take Leave
In relation to sub-clauses 11.1 and 11.2, wherever
practicable; a teacher shall give the employer notice prior to the absence of
the intention to take leave. The teacher shall also provide the name of the
person requiring care, that person's relationship to the teacher, the nature of
any pressing domestic necessity, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the teacher to give
prior notice of absence, the teacher shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
11.4 Unpaid Leave
for Family Purpose
A teacher may elect, with the consent of the employer to
take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph 11.1(c)(ii) or paragraph 11.2(c) who is ill or who
requires care due to an unexpected emergency.
11.5 Entitlement for
casual teachers
(a) Subject to the
requirements in paragraph 11.1(b) and subclause 11.3, casual teachers are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subparagraph 11.1 (c) (ii) or paragraph 11.2(c)
of this clause who is sick and requires care and support, or who requires care
due to an unexpected emergency, or the birth of a child.
(b) The employer
and the teacher shall agree on the period for which the teacher will be entitled
to not be available to attend work. In the absence of agreement; the teacher is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual teacher is not entitled to any payment for the period
of non-attendance.
(c) An employer
must not fail to re-engage a casual teacher because the teacher accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual teacher are otherwise not affected.
2. Insert the
following new paragraphs after subclause 12.1 Maternity Leave of clause 12,
Other Leave:
12.1.1 Casual Teachers
An employer must not fail to re-engage a regular casual
teacher (see section 53(2) of the Industrial Relations Act 1996 (NSW))
because:
(a) the teacher or
teacher's spouse is pregnant; or
(b) the teacher is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual teachers are not affected, other than in accordance
with this clause.
(b) The teacher
shall take reasonable steps to inform the employer about any significant matter
that will affect the teacher's decision regarding the duration of parental
leave to be taken, whether the teacher intends to return to work and whether
the teacher intends to request to return to work on a part-time basis.
(c) The teacher
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).
3. Insert after
paragraph (d) of subclause 12.4 - Bereavement Leave, of clause 12, the
following new paragraph:
(e) Casual
teachers are entitled to not be available to attend work, or to leave work upon
the death in Australia of a person prescribed in relation to whom the teacher
could have utilised Catholic Personal/Carer's Leave in 11.5, provided that for
the purpose of this bereavement entitlement, the casual teacher need not have
been responsible for the care of the person concerned. A casual teacher must
notify the employer as soon as practicable of the intention to take this
entitlement and may be required to provide the employer with satisfactory
evidence of such death.
(f) The employer and
the teacher shall agree on the period for which the teacher will be entitled to
not be available to attend work. In the
absence of agreement, the teacher is entitled to not be available to attend
work for up to 48 hours (i.e. two days) per occasion. The casual teacher is not
entitled to any payment for the period of non-attendance.
An employer must not fail to re-engage a casual teacher
because the teacher accessed the entitlements provided for in this clause. The rights of an employer to engage or not
engage a casual teacher are otherwise not affected.
4. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J
, President
____________________
Printed by
the authority of the Industrial Registrar.