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 Communities.

 

(No. IRC 1144 of 2011)

 

 

VARIATION

 

1.        Delete subclause (ii), Sick Leave of clause 18, Leave of the award published 8 February 2008 (364 I.G. 1137) and insert in lieu thereof the following:

 

(ii)       Sick Leave

 

(a)      Illness in this clause and in subclauses (g) and clause 19 of this award means physical or psychological illness or injury, medical treatment and the period of recovery or rehabilitation from an illness or injury.

 

(b)      Payment for sick leave is subject to the staff member:

 

1.        Informing their manager as soon as reasonably practicable that they are unable to perform duty because of illness. This must be done as close to the staff members starting time as possible; and

 

2.        Providing evidence of illness as soon as practicable if required by clause 18(g), Sick Leave Requirements for Evidence of Illness of this award.

 

(c)      If the Employer is satisfied that a staff member is unable to perform duty because of the staff member's illness or the illness of his/her family member, the Employer:

 

1.        Shall grant to the staff member sick leave on full pay; and

 

2.        May grant to the staff member, sick leave without pay if the absence of the staff member exceeds the entitlement of the staff member under this award to sick leave on full pay.

 

(d)      The Employer may direct a staff member to participate in a return to work program if the staff member has been absent on a long period of sick leave.

 

(e)      Entitlements.  Any staff member appointed from the date of this award variation will commence accruing sick leave in accordance with this clause immediately.  Staff members at the time of the award variation will accrue sick leave in accordance with this clause from 1 January 2012 onwards.

 

1.        At the commencement of employment with the Public Service, a full-time staff member is granted an accrual of 5 days sick leave.

 

2.        After the first four months of employment, the staff member shall accrue sick leave at the rate of 15 working days per year for the balance of the first year of service.

 

3.        After the first year of service, the staff member shall accrue sick leave day to day at the rate of 15 working days per year of service.

 

4.        All continuous service as a staff member in the NSW public service shall be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

5.        Notwithstanding the provisions of paragraph (4) of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.

 

6.        Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave.  In all other respects sick leave without pay shall be treated in the same manner as leave without pay.

 

7.        When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.

 

8.        Paid sick leave shall not be granted during a period of unpaid leave.

 

(f)       Payment during the initial 3 months of service - Paid sick leave which may be granted to a staff member, other than a seasonal or relief staff member, in the first 3 months of service shall be limited to 5 days paid sick leave, unless the Employer approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by satisfactory evidence of illness.

 

(g)      Requirements for evidence of illness shall be subject to the following:

 

1.        A staff member absent from duty for more than 2 consecutive working days because of illness must furnish evidence of illness to the Employer in respect of the absence.

 

2.        In addition to the requirements under subclause 18(ii)(b) of this subclause a staff member may absent themselves for a total of 5 working days due to illness without the provision of evidence of illness to the Employer.  Staff members who absent themselves in excess of 5 working days in a calendar year may be required to furnish evidence of illness to the Employer for each occasion absent for the balance of the calendar year.

 

3.        As a general practice backdated medical certificates will not be accepted. However if a staff member provides evidence of illness that only covers the latter part of the absence, they can be granted sick leave for the whole period if the Employer is satisfied that the reason for the absence is genuine.

 

4.        If a staff member is required to provide evidence of illness for an absence of 2 consecutive working days or less, the Employer will advise them in advance.

 

5.        If the Employer is concerned about the diagnosis described in the evidence of illness produced by the staff member, after discussion with the staff member, the evidence provided and the staff member's application for leave can be referred to Health Quest or successor for advice.

 

(a)      The type of leave granted to the staff member will be determined by the Employer based on Health Quest’s or successor’s advice.

 

(b)      If sick leave is not granted, the Employer will, as far as practicable, take into account the wishes of the staff member when determining the type of leave granted.

 

6.        The granting of paid sick leave shall be subject to the staff member providing evidence which indicates the nature of illness or injury and the estimated duration of the absence. If a staff member is concerned about disclosing the nature of the illness to their manager they may elect to have the application for sick leave dealt with confidentially by an alternate manager or the human resources section of the Department.

 

7.        The reference in this clause to evidence of illness shall apply, as appropriate:

 

(a)      up to one week may be provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Employer's discretion, another registered health services provider, or

 

(b)      where the absence exceeds one week, and unless the health provider listed in paragraph (a) of this subclause is also a registered medical practitioner, applications for any further sick leave must be supported by evidence of illness from a registered medical practitioner, or

 

(c)      at the Employer’s discretion, other forms of evidence that satisfy that a staff member had a genuine illness.

 

8.        If a staff member who is absent on recreation leave or extended leave, furnishes to the Employer satisfactory evidence of illness in respect of an illness which occurred during the leave, the Employer may, subject to the provisions of this clause, grant sick leave to the staff member as follows:

 

(a)      In respect of recreation leave, the period set out in the evidence of illness;

 

(b)      In respect of extended leave, the period set out in the evidence of illness if such period is 5 working days or more.

 

9.        Subclause (8) of this clause applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

2.        Delete subclause (iv), Family and Community Services Leave and insert in lieu thereof the following:

 

(iv)      Family and Community Services Leave

 

(a)      The Employer shall grant to a staff member some, or all of their accrued family and community service leave on full pay, for reasons relating to unplanned and emergency family responsibilities or other emergencies as described in subclause (b) of this clause. The Employer may also grant leave for the purposes in subclause (c) of this clause. Non-emergency appointments or duties shall be scheduled or performed outside of normal working hours or through approved use of flexible working arrangements or other appropriate leave.

 

(b)      Such unplanned and emergency situations may include, but not be limited to, the following:

 

1.        Compassionate grounds - such as the death or illness of a close member of the family or a member of the staff member's household;

 

2.        Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

3.        Emergency or weather conditions; such as when flood, fire, snow or disruption to utility services etc, threatens a staff members property and/or prevents a staff member from reporting for duty;

 

4.        Attending to unplanned or unforeseen family responsibilities, such as attending child's school for an emergency reason or emergency cancellations by child care providers;

 

5.        Attendance at court by a staff member to answer a charge for a criminal offence, only if the Employer considers the granting of family and community service leave to be appropriate in a particular case.

 

(c)      Family and community service leave may also be granted for:

 

1.        An absence during normal working hours to attend meetings, conferences or to perform other duties, for staff members holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the staff member does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council; and

 

2.        Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for staff members who are selected to represent Australia or the State.

 

(d)      The definition of "family" or "relative" in this clause is the same as that provided in paragraph 19 (i)(c) of clause 19, Personal/Carer’s Leave of this award.

 

(e)      Family and community service leave shall accrue as follows:

 

1.        two and a half days in the staff members first year of service;

 

2.        two and a half days in the staff members second year of service; and

 

3.        one day per year thereafter.

 

(f)       If available family and community service leave is exhausted as a result of natural disasters, the Employer shall consider applications for additional family and community service leave, if some other emergency arises.

 

(g)      In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with clause 19, Personal/Carer’s Leave of this award shall be granted when paid family and community service leave has been exhausted or is unavailable.

 

(h)      A Employer may also grant staff members other forms of leave such as accrued recreation leave, time off in lieu, and so on for family and community service leave purposes.

 

3.        This variation shall take on and from 4 August 2011.

 

 

 

 

R. P. BOLAND J , President

 

 

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Printed by the authority of the Industrial Registrar.