Technical and Further Education Commission of New South Wales - Security Employees - Wages and Conditions Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 324 of 2006)

 

 

VARIATION

 

1.          Insert after paragraph (i)(d), of clause 18, Personal/Carer’s Leave, of the award published 27 August 2004 (346 I.G. 119), the following new paragraphs:

 

(e)        Subject to the evidentiary and notice requirements in 18 (i) (b) and 18 (i) (c), 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 18 (c) (ii) of 18. Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

(f)         The employer and the employee shall agree on the period for which the employee will not be entitled to be available to attend work.  In the absence of agreement, the employee is entitled to not be available 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.

 

(g)        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.

 

2.          Delete subclause (iii), of the said clause 18, and insert in lieu thereof the following:

 

(iii)       Use of Annual (Recreation) Leave

 

(a)        An employee may elect, with the consent of the employer and subject to the Technical and Further Education Commission Act 1990, to take annual leave for personal/carer’s leave purposes not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties to care for a person prescribed in subclause 18 (c) (ii) of 18. Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

(b)       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.

 

(c)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any vacation period provided for elsewhere under this award.

 

3.          Insert after paragraph (vii)(e), of the said clause 18, the following new paragraphs:

 

(f)         Subject to the evidentiary and notice requirements in (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 18 (i) (c) (ii) of 18. Personal/Carer’s Leave.

 

(g)        The employer and employee shall agree on the period for which the employee will not be entitled to be available to attend work.  In the absence of agreement, the employee is entitled to not be available 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.

 

(g)        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.

 

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

 

 

 

F. L. WRIGHT J , President

 

 

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Printed by the authority of the Industrial Registrar.