Crown
Employees (Kingsford Smith Airport Travel Centre) Award 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 363 of 2006)
Before The Honourable Justice
Wright, President
|
3 February 2006
|
VARIATION
1. Insert after
Annexure B - Formula for Determining All Incidence Allowance in clause 1,
Arrangement of the award published 23 April 2004 (344 I.G. 124), the following:
Appendix A
2. Insert after paragraph
6.2.2, of clause 6, Salary, the following new paragraph:
6.2.3 Casuals shall
also receive the following entitlements in accordance with the Crown Employees
(public Service Conditions of Employment) Reviewed Award 2006:
(a) Unpaid
parental leave in accordance with Clause 12 (iv(d);
(b) Personal
Carer's entitlement in accordance with Clause 12(v); and
(c) Bereavement
entitlement in accordance with Clause 12 (vi).
This entitlement is also set out in Appendix A of this
Award.
3. Insert after Annexure
B - Formula for Determining All Incidence Allowance, the following new
Appendix:
Appendix A
(i) Casual employees are entitled to unpaid
parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to
Unpaid Parental Leave, in accordance with the Industrial Relations Act
1996. The following provisions shall also apply in addition to those set out in
the Industrial Relations Act 1996 (NSW).
(a) The Department Head 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.
(ii) Personal Carers entitlement for casual
employees
(a) Casual employees are entitled to not be
available to attend work, or to leave work if they need to care for a family
member described in (iii) below who is sick and requires care and support, or
who requires care due to an unexpected emergency, or the birth of a child. This
entitlement is subject to the evidentiary requirements set out below in (d),
and the notice requirements set out in (e).
(b) The Department Head and the casual
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) A Department Head 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.
(d) The casual employee shall, if required,
(A) 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
(B) 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 employee.
In normal
circumstances, a casual employee must not take carer's leave under this
subclause where another person had taken leave to care for the same person.
(e) The casual employee must, as soon as
reasonably practicable and during the ordinary hours of the first day or shift
of such absence, inform the employer of their inability to attend for duty. If
it is not reasonably practicable to inform the employer during the ordinary
hours of the first day or shift of such absence, the employee will inform the
employer within 24 hours of the absence.
(iii) A family member for the purposes of
paragraph (ii) (a) above is:
(a) a spouse of the staff member; or
(b) a de facto spouse being a person of the
opposite sex to the staff member who lives with the staff member as her husband
or his wife on a bona fide domestic basis although not legally married to that
staff member; 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 staff member or of spouse or of de facto spouse of the staff
member; or
(d) a same sex partner who lives with the
staff member as the de facto partner of that staff member on a bona fide
domestic basis; or a relative of the staff member who is a member of the same
household, where for the purposes of this definition:-
"relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
"affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
"household"
means a family group living in the same domestic dwelling.
(iv) 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
family member on production of satisfactory evidence (if required by the
employer).
(b) The Department Head and
the casual 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) A Department Head 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.
(d) The casual employee must, as soon as
reasonably practicable and during the ordinary hours of the first day or shift
of such absence, inform the employer of their inability to attend for duty. If
it is not reasonably practicable to inform the employer during the ordinary
hours of the first day or shift of such absence, the employee will inform the
employer within 24 hours of the absence.
4. This variation shall take effect from the 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.