Public
Hospitals (Medical Superintendents) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Administration Corporation.
(No. IRC 384 of 2006)
Before The Honourable
Justice Wright, President
|
13 February 2006
|
VARIATION
1. Delete
the words "16. Personal/Carer’s Leave Family and Community Services
Leave", appearing in the Arrangement, of the award published 3 March 2006
(357 I.G. 757), and insert in lieu thereof the following:
16. Family and
Community Services Leave and Personal/Carer’s Leave
2. Delete clause
7, Maternity, Adoption and Parental Leave, and insert in lieu thereof the
following:
7. Maternity,
Adoption and Parental Leave
A. Maternity
Leave
(i) Eligibility for Paid Maternity Leave
To be eligible for
paid maternity leave a full time or permanent part-time employee must have
completed at least 40 weeks continuous service prior to the expected date of
birth.
An employee who
has once met the conditions for paid maternity leave will not be required to
again work the 40 weeks continuous service in order to qualify for a further
period of paid maternity leave, unless-
(a) there has been a break in service where
the employee has been re-employed or re-appointed after a resignation, medical
retirement, or after her services have been otherwise dispensed with: or
(b) the employee has completed a period of
leave without pay of more than 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 the Workers' Compensation Act 1987.
(ii) Portability of Service 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 Sector Department and a
public hospital, previous continuous service will be counted towards the
service prerequisite 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:
(a) service was on a full-time or permanent
part-time basis:
(b) cessation of service with the former
employer was not by reason of dismissal on any ground, except retrenchment or
reduction of work;
(c) 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 two 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.)
(iii) Entitlement to Paid Maternity Leave
An eligible
employee is entitled to fourteen weeks at the ordinary rate of pay from the
date maternity leave commences. This
leave may commence up to fourteen weeks prior to the expected date of birth.
It is not
compulsory for an employee to take this period off work. However, if an
employee decides to work during the nine weeks prior to the date of birth it is
subject to the employee being able to satisfactorily perform the full range of
normal duties.
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 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.
(iv) Unpaid Maternity Leave
(a) Full time and permanent part time
employees who are entitled to paid maternity leave are entitled to a further
period of unpaid maternity leave of not more than 12 months after the actual
date of birth.
(b) Full time and permanent part time
employees who are not eligible for paid maternity leave are entitled to unpaid
maternity leave of not more than 12 months.
(v) Applications
An employee who
intends to proceed on maternity leave should formally notify her employer of
such intention as early as possible, so that arrangements associated with her
absence can be made.
Written notice of
not less than eight weeks prior to the commencement of the leave should
accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(vi) Variation after Commencement of Leave
After commencing
maternity leave, an employee may vary the period of her maternity leave once
only without the consent of her employer by giving the employer notice in
writing of the extended period at least fourteen days’ before the start of the
extended period. An employer may accept less notice if convenient.
An employee may
extend the period of maternity leave at any time with the agreement of the
employer.
The conditions
relating to variation of maternity leave are derived from Section 64 of the Industrial
Relations Act 1996.
(vii) 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.
(viii) Effect of Maternity Leave on Accrual of
Leave, Increments etc.
When the employee
has resumed duties, any period of full pay leave is counted in full for the
accrual of annual leave, sick leave and long service 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, sick leave and long
service leave.
Except in the case
of employees who have completed ten 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 years' service the period of maternity leave without pay shall
count as service provided such leave does not exceed six months.
Maternity leave
without pay does not count as service for incremental purposes. 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.
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.
(ix) Illness Associated with Pregnancy
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 sick leave without pay.
Where an employee
is entitled to paid maternity leave, but because of illness, is on sick,
annual, long service leave, or sick leave without pay prior to the birth, such
leave ceases nine weeks prior to the expected date of birth. The employee then commences maternity leave
with the normal provisions applying.
(x) Transfer to a More Suitable Position
Where, because of an
illness or risk associated with her pregnancy, an employee cannot carry out the
duties of her position, an employer is obliged, as far as practicable, to
provide employment in some other position that she is able to satisfactorily
perform. This obligation arises from
Section 70 of the Industrial Relations Act 1996. 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.
(xi) Miscarriages
In the event of a
miscarriage any absence from work is to be covered by the current sick leave
provisions
(xii) 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, subject to production of a medical
certificate, or maternity leave. She
may resume duty at any time provided she produces a doctor's certificate as to
her fitness.
(xiii) Effect of Premature Birth on Payment of
Maternity Leave
An employee who
gives birth prematurely and prior to proceeding on maternity leave shall be
treated as being on maternity leave from the date leave is commenced to have
the child. Should an employee return to
duty during the period of paid maternity leave, such paid leave ceases from the
date duties are resumed.
(xiv) Right to return to Previous Position
In accordance with
the obligations set out in Section 66 of the Industrial Relations Act
1996, an employee returning from maternity leave has the right to resume her
former position.
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 or qualified.
(xv) Further Pregnancy While on Maternity Leave
Where an employee
becomes pregnant whilst on maternity leave, a further period of maternity leave
may 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.
An employee who commences a
subsequent period of maternity leave while on unpaid maternity leave under
subclause (iv)(a) of Part A of this clause or subclause (i)(b) 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).
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 (i)(c) of Part D of this
clause is entitled to be paid at their substantive full time rate for the
subsequent period of maternity leave.
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 (i)(c) of the Part D of this clause,
will be entitled to paid maternity leave for the subsequent period of maternity
leave at their part time rate.
B. Adoption Leave
(i) Eligibility
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 eligible for unpaid adoption leave.
To be eligible for
paid adoption leave a full time or permanent part-time employee must also have
completed at least 40 weeks continuous service prior to the date of taking
custody of the child.
An employee who
has once met the conditions of paid adoption leave, will not be required to
again work the 40 weeks continuous service in order to qualify for further
periods of paid adoption leave, unless
(a) there has been a break in service where
the employee has been re-employed or re-appointed after a resignation, medical
retirement, or after their services have been otherwise dispensed with; or
(b) the employee has completed a period of
leave without pay of more than 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 the Worker's Compensation Act 1987.
(ii) Portability of Service for Paid Adoption
Leave
As per maternity
leave conditions.
(iii) Entitlement
(a) Paid Adoption Leave
Eligible employees
are entitled to paid adoption leave of fourteen weeks at the ordinary rate of
pay from and including 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 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.
(b) 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.
(iv) Applications
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. This will allow arrangements associated with the adoption leave
to be made.
(v) Variation after Commencement of Leave
After commencing
adoption leave, an employee may vary the period of leave, once without the
consent of the employer and otherwise with the consent of the employer. A
minimum of fourteen days’ notice must be given, although an employer may accept
less notice if convenient.
(vi) Staffing Provisions
As per maternity
leave conditions.
(vii) Effect of Adoption Leave on Accrual of
Leave, Increments, etc
As per maternity
leave conditions.
(viii) Right to return to Previous Position
As per maternity
leave conditions.
C. Parental Leave
(i) Eligibility
To be eligible for
parental leave a full time or permanent part-time employee must have completed
at least 40 weeks continuous service prior to the expected date of birth or to
the date of taking custody of the child.
An employee who
has once met the conditions for paid parental leave will not be required to
again work the 40 weeks continuous service in order to qualify for a further
period of paid parental leave, unless-
(a) there has been a break in service where
the employee has been re-employed or re-appointed after a resignation, medical
retirement, or after their services have been otherwise dispensed with: or
(b) the employee has completed a period of
leave without pay of more than 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 the Workers' Compensation Act 1987.
(ii) Portability of Service for Paid Parental
Leave
As per maternity
leave conditions.
(iii) 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:
(a) 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), and
(b) a further unbroken period in order to be
the primary caregiver of the child (extended parental leave).
(c) 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.
(d) 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 provided for in subclause (i)(a) of Part D Right to
Request of this clause.
Annual and/or long
service leave credits can be combined with periods of parental leave on half
pay to enable an employee to remain on full pay for that period.
(iv) Applications
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.
(a) In the case of extended parental leave,
the employee should give written notice of the intention to take the
leave.
(b) The employee must, at least four weeks
before proceeding on leave, give written notice of the dates on which they
propose to start and end the period of leave, although 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.
(c) 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.
(d) In the case of extended parental leave,
the employee must, before the start of leave, provide a statutory declaration
by the employee stating:
(1) if applicable, the period of any
maternity leave sought or taken by his spouse, and
(2) that they are seeking the period of
extended parental leave to become the primary care giver of the child.
(v) Variation after Commencement of Leave -
After commencing parental
leave, an employee may vary the period of her/his parental leave, once without
the consent of the employer and otherwise with the consent of the
employer. A minimum of fourteen days’
notice must be given, although an employer may accept less notice if
convenient.
(vi) Effect of Parental Leave on Accrual of
Leave, Increments etc.
As per maternity
leave conditions.
(vii) Right to return to Previous Position
As per maternity
leave conditions.
D. Right to Request
(i) An employee entitled to maternity,
adoption or parental leave may request the employer to allow the employee:
(a) to extend the period of simultaneous
maternity, adoption or parental leave use up to a maximum of eight weeks;
(b) to extend the period of unpaid maternity,
adoption or extended parental leave for a further continuous period of leave
not exceeding 12 months;
(c) 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.
(ii) 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.
(iii) The employee’s request and the employer’s
decision made under subclauses (i)(b) and (c) must be recorded in writing.
(iv) Where an employee wishes to make a
request under subclause (i)(c):
(a) the employee is to make an application
for leave without pay to reduce their full time weekly hours of work
(b) 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;
(c) salary and other conditions of
employment are to be adjusted on a basis proportionate to the employee’s full
time hours of work i.e. for long service leave the period of service is to be
converted to the full time equivalent and credited accordingly.
(d) employees who return from leave under
this arrangement remain full time employees.
Therefore the payment of any part time allowance to such employees does
not arise.
E. Communication During Leave
(i) 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:
(a) 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 the leave; and
(b) 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 the
leave.
(ii) 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 the 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.
(iii) 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 (i).
NOTE:
(a) The entitlement to Maternity, Adoption
and Parental leave for part-time employees who receive an adjusted hourly rate
(as defined in clause 6, Part 2, in this award), along with casual employees,
are in accordance with the provisions of Part 4, Parental Leave of the Industrial
Relations Act 1996 and/or Corporation Determination.
(b) Where a casual employee is entitled to
parental leave under the Industrial Relations Act 1996, the following
provisions shall also apply in addition to those set out in the Act.
An employer must not
fail to re-engage a casual employee because:
the employee or
employee’s spouse is pregnant; or
the employee is or
has been immediately absent on parental leave.
The rights of the
employer in relation to engagement and re-engagement of casual employees are
not affected, other than in accordance with this clause.
(c) Part time employees who receive an
adjusted hourly rate are also entitled to the provisions of Part D Right to
Request and Part E Communication During Leave of this clause.
(d) Liability for Superannuation
Contributions
During a period of
unpaid maternity, adoption or parental leave, the employee will not be required
to meet the employer's superannuation liability.
3. Delete clause 16, Personal/Carer’s Leave, Family and
Community Services Leave, and insert in lieu thereof the following
16. Family and Community Services Leave and
Personal/Carers’ Leave
(i) Family and Community Services (FACS)
Leave and Personal/Carer’s Leave are separate, stand alone entitlements.
(ii) The provisions outlined in Parts A and B
of this clause are available to all employees covered by this Award, other than
casual employees as defined in subclause (iii) below.
(iii) Casual employees as defined in the Health
Industry Status of Employment (State) Award are entitled to the provisions
outlined in Part C of this clause.
A. FACS Leave
(i) FACS Leave - General
(a) 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.
(b) The appropriate Chief Executive or
authorised delegate 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).
(ii) FACS leave replaces compassionate leave.
(iii) An employee is not to be granted FACS
leave for attendance at court to answer a criminal charge, unless the Chief
Executive 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.
(iv) FACS Leave - entitlement
(a) 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.
(b) For the purposes of calculating
entitlements under (vi)(a)(1) and (2) above, a working day for employees
working 38 hours per week shall be deemed to consist of 8 hours, and a working
day for employees working 35 hours per week shall be deemed to consist of 7
hours. 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 working 35 hours per week will
have an entitlement, in their first year of employment, to 21 hours of FACS
leave. If the employee takes FACS leave
for a full 7 hour shift, the employee would be debited 7 hours of FACS leave.
Example C: 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.
(c) 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.
(v) 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 (i) (a) of
Part A of this clause.
(vi) Use of other leave entitlements
The appropriate
Chief Executive or authorised delegate 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
(i) 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:
(a) a spouse of the employee; or
(b) 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
(c) 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
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) 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.
(ii) Use of sick leave to care for the person
concerned - entitlement
(a) 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 (i) of Part B of this clause.
(b) Other than a casual or any other 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.
(c) Sick leave accumulates from year to
year. In addition to the current year’s
grant of sick leave available under (b) 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.
(d) The Chief Executive or authorised
delegate 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 (c) above.
(e) 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.
(f) 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.
(g) The employee is not required to state the
exact nature of the relevant illness on either a medical certificate or
statutory declaration.
(h) 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.
(i) In normal circumstances, the employee
must not take leave under this part where another person has taken leave to
care for the same person.
(iii) Use of other leave entitlements
An employee may
elect, with the consent of the employer, to take:
(a) 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.
(b) long service leave; or
(c) leave without pay for the purpose of
providing care and support to the person concerned as defined in subclause (i)
of Part B of this clause.
(iv) 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.
C. Entitlements for Casual Employees
(i) Bereavement entitlements for casual
employees
(a) Casual employees are entitled to not be
available to attend work or to leave work upon the death in Australia of a
relative or member of a household as prescribed in subclause (i)(a) of Part A
of this clause.
(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 (ie 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 part. The rights of an employer to
engage or not engage a casual employee are otherwise not affected.
(ii) Personal carers entitlement for casual
employees
(a) Subject to the evidentiary and notice
requirements in subclauses (ii)(e) - (h) of Part B 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 subclause (i) of Part B 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.
(b) An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this part. The rights of an employer to
engage or not to engage a casual employee are otherwise not affected.
4. This variation shall take effect from the 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.