Crown Employees (National Art School, Academic Staff) Salaries and Conditions Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 333 of 2006)

 

 

VARIATION

 

1.          Insert after subclause 13.9 of clause 13, Casual Lecturers of the award published 27 January 2006 (356 I.G. 736) the following new subclause:

 

13.10    Personal Carers entitlement for Casual Lecturers

 

13.10.1             Casual lecturers are entitled to not be available to attend work, or to leave work if they need to care for a family member described in clause 15.7.1.3(b) of the Award 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 13.10.4, and the notice requirements set out in 13.10.5.

 

13.10.2             The Department and the casual lecturer shall agree on the period for which the staff member will be entitled to not be available to attend work. In the absence of agreement, the casual lecturer is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual staff member is not entitled to any payment for the period of non-attendance.

 

13.10.3             The Department must not fail to re-engage a casual lecturer because the casual lecturer accessed the entitlements provided for in this clause. The rights of the department to engage or not to engage a casual staff member are otherwise not affected.

 

13.10.4             The casual lecturer 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 Director General or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the staff member.

 

In normal circumstances, a casual lecturer must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

13.10.5             The casual lecturer must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Director General of their inability to attend for duty. If it is not reasonably practicable to inform the Director General during the ordinary hours of the first day or shift of such absence, the casual lecturer will inform the Director General within 24 hours of the absence (drawn from AIRC order [PR964989]).

 

13.11    Bereavement entitlements for Casual Lecturers

 

13.11.1             Casual lecturers 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 Director General).

 

13.11.2             The Director General and the casual lecturer shall agree on the period for which the casual lecturer will be entitled to not be available to attend work. In the absence of agreement, the casual lecturer is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual lecturer is not entitled to any payment for the period of non-attendance.

 

13.11.3             The Director General must not fail to re-engage a casual lecturer because the casual lecturer accessed the entitlements provided for in this clause. The rights of the Director-General to engage or not engage a casual lecturer are otherwise not affected.

 

13.11.4             The Casual Lecturer must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Director General of their inability to attend for duty. If it is not reasonably practicable to inform the Director General during the ordinary hours of the first day or shift of such absence, the casual lecturer will inform the Director General within 24 hours of the absence (Drawn from AIRC order [PR964989]).

 

13.12    Parental Leave for Casual Lecturers members

 

13.12.1             Casual Lecturers will be entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section 54 Entitlement to Unpaid Parental leave, Industrial Relations Act 1996, if they meet the definition of a regular casual employee (see section 53(2) of the Industrial Relations Act 1996). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

13.12.2             The Director General must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because:

 

(a)        the casual lecturer or casual lecturer spouse is pregnant; or

 

(b)       the casual lecturer is or has been immediately absent on parental leave.

 

The rights of the Director-General in relation to engagement and re-engagement of casual lecturers are not affected, other than in accordance with this clause.

 

2.          Delete the word "five" in subparagraph 15.7.3.1 of clause 15, Leave and insert in lieu thereof the following:

 

"Ten"

 

3.          Insert after subparagraph 15.7.3.3 of clause 15 the following new subparagraph 15.7.3.4.

 

15.7.3.4            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 after subclause 15.9 of clause 15 the following new subclause:

 

15.10    Maternity, Adoption and Parental Leave

 

15.10.1             Maternity, adoption and parental leave conditions of employees under this Award shall be regulated in accordance with the provisions contained within the Public Sector Employment and Management Act 2002 and Regulation and will be in addition to those set out in the Industrial Relations Act 1996 (NSW) and Regulation.

 

15.10.2             Right to Request

 

15.10.2.1          An employee entitled to maternity, adoption or 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.

 

15.10.3             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.

 

15.10.4             The employee’s request and the employer’s decision made under 15.10.2.1 (ii) and 15.10.2.1 (iii) must be recorded in writing.

 

15.10.5             Where an employee wishes to make a request under 13.3.1 (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.

 

15.10.6             Communication during Maternity, Adoption or Parental Leave

 

15.10.6.1          Where an employee is on maternity, adoption or parental leave and a definite decision has been made to introduce a 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.

 

15.10.6.2          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.

 

15.10.6.3          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 15.10.6.

 

5.          This variation shall take effect on and from 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

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Printed by the authority of the Industrial Registrar.