Principals (Country and Regional Dioceses) (State) Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Independent Education Union, Industrial Organisation of Employees.

 

(No. IRC 33 of 2006)

 

 

VARIATION

 

1.          Delete clause 8 Catholic Personal/Carer’s Leave of the award published 18 March 2005 (349 I.G. 395) and insert in lieu thereof the following:

 

8.  Catholic Personal/Carer’s Leave

 

8.1        Use of Sick Leave to Provide Care and Support for a Family Member

 

(a)        A principal other than a casual principal, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) who needs the principal’s care and support, shall be entitled to use, in any year, in accordance with this subclause, 10 days of current and 30 days of accrued sick leave entitlement provided for at Clause 11 of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

(b)        The principal shall, if required,

 

(i)         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

 

(ii)        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 principal.

 

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

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the principal being responsible for the care of the person concerned; and

 

(ii)        the family member being a parent, step-parent, spouse, grandchild, sibling,  grandparent, child, step-child, foster child, adopted child and foster parent of the principal or spouse.

 

Note:  In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and principal shall discuss appropriate arrangements which, as far as practicable, take account of the employer's and principals requirements.

 

Where the parties are unable to reach agreement

 

8.2        Use of Sick Leave for a Pressing Domestic Necessity

 

(a)        Subject to paragraph (c), for the purposes of this clause "pressing domestic necessity" means any reason at the discretion of the employer, provided that such discretion is not unreasonably withheld and is exercised so as not to contravene any applicable provisions of the Anti-Discrimination Act 1997.

 

(b)        A principal, other than a casual principal, with sick leave credits may apply to utilise such credits up to five of any current or accrued sick leave entitlement days in any one year of the principal’s service, for any pressing domestic necessity other than to care for or support a person defined in subparagraph 8.1(c)(ii).

 

(c)        Where a principal, other than a casual principal, is not entitled to utilise sick leave credits pursuant to paragraph 8.1(a) he or she may access 10 days current and 30 days accrued sick leave for any pressing domestic necessity where the principal is responsible for the care or support of a person not referred to in subparagraph 8.1(c)(ii).

 

(d)        The yearly entitlement for the purpose of pressing domestic necessity in paragraph 8.2(b) is non-cumulative.

 

(e)        If required, a principal shall provide a written statement or other evidence supporting the application for Personal/Carer’s Leave for the purpose of pressing domestic necessity.

 

8.3        Notification of Intention to Take Leave

 

In relation to sub-clauses 8.1 and 8.2, wherever practicable, a principal shall give the employer notice prior to the absence of the intention to take leave.  The principal shall also provide the name of the person requiring care, that person’s relationship to the principal, the nature of any pressing domestic necessity, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the principal to give prior notice of absence, the principal shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

8.4        Unpaid Leave for Family Purpose

 

A principal may elect, with the consent of the employer to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph 8.1(c)(ii) or paragraph 8.2(c) who is ill or who requires care due to an unexpected emergency.

 

8.5        Entitlement for casual principals

 

(a)        Subject to the requirements in paragraph 8.3, casual principals are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 8.1 (c) (ii) of this clause who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

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

 

(c)        An employer must not fail to re-engage a casual principal because the principal accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual principal are otherwise not affected.

 

2.          Insert after subclause 9.4 of clause 9, Parental Leave the following new subclauses 9.5, 9.6 and 9.7:

 

9.5        Casual Principals

 

An employer must not fail to re-engage a regular casual principal (see section 53(2) of the Industrial Relations Act 1996 (NSW)) because:

 

(a)        the principal or principal's spouse is pregnant; or

 

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

 

The rights of an employer in relation to engagement and re-engagement of casual principals are not affected, other than in accordance with this clause.

 

9.6        Right to request

 

(a)        A principal entitled to parental leave may request the employer to allow the principal:

 

(i)         to extend the period of simultaneous unpaid parental leave 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 principal in reconciling work and parental responsibilities.

 

(b)        The employer shall consider the request having regard to the principal’s circumstances and, provided the request is genuinely based on the principal’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.

 

(c)        Principal’s request and the employer’s decision to be in writing

 

The principal’s request and the employer’s decision made under subparagraphs (a) (ii) and (iii) of this paragraph must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where a principal wishes to make a request under subparagraph (a) (iii), such a request must be made as soon as possible before the date upon which the employee is due to return to work from parental leave.

 

9.7        Communication during parental leave

 

(a)        Where an employee is on parental leave and a definite decision has been made to introduce 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 principal held before commencing parental leave; and

 

(ii)        provide an opportunity for the principal to discuss any significant effect the change will have on the status or responsibility level of the position the principal held before commencing parental leave.

 

(b)        The principal shall take reasonable steps to inform the employer about any significant matter that will affect the principal’s decision regarding the duration of parental leave to be taken, whether the principal intends to return to work and whether the principal intends to request to return to work on a part-time basis.

 

(c)        The principal shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

 

3.          Insert after paragraph (f) subclause 11.1 Bereavement Leave, of clause 11, Other Leave the following new paragraph (g).

 

(g)        Bereavement entitlement for Casual Principals

 

(i)         Casual principals are entitled to not be available to attend work, or to leave work upon the death in Australia of a person in relation to whom the principal could have utilised Catholic Personal/Carer's Leave in subclause 8.5, provided for that for the purpose of bereavement entitlement, the casual principal need not have been responsible for the care of the person concerned.  A casual principal must notify the employer as soon as practicable of the intention to access this entitlement and may be required to provide the employer with satisfactory evidence of such death.

 

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

 

(iii)       An employer must not fail to re-engage a casual principal because the principal accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual principal 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.