TAFE
NSW Sydney Institute (Graphic Arts Section) Wages and Conditions Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Education and Communities.
(No. IRC 1124 of 2011)
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Before Commissioner
Macdonald
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4 July 2011
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VARIATION
1. Delete
subclause (c), Sick Leave of clause 7, Leave, of the award published 14 March
2008 (365 I.G. 407) and insert in lieu thereof the following:
(c) Sick Leave
(i) Illness in this
clause and in subclauses (ix) and clause 8 of this award means physical or
psychological illness or injury, medical treatment and the period of recovery
or rehabilitation from an illness or injury.
(ii) 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 subclause (ix).
(iii) If the
Director of Sydney Institute 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 Director of Sydney Institute:
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.
(iv) The Director of
Sydney Institute may direct a staff member to take sick leave if they are
satisfied that, due to the staff members illness, the staff member:
1. is unable to
carry out their duties without distress; or
2. risks further
impairment of their health by reporting for duty; or
3. is a risk to
the health, wellbeing or safety of other staff members, Departmental clients or
members of the public.
(v) The Director of
Sydney Institute 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.
(vi) 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 10 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.
(vii) 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 Director of
Sydney Institute approves otherwise. Paid sick leave in excess of 5 days
granted in the first 3 months of service shall be supported by a satisfactory
medical certificate.
(viii) Seasonal or
relief staff - No paid sick leave shall be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
(ix) 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 Director of Sydney Institute in respect
of the absence.
2. In addition to
the requirements under subclause (ii) 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 Director of Sydney Institute. 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 Director of Sydney Institute 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
Director of Sydney Institute 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 Director of Sydney Institute will advise
them in advance.
5. If the Director
of Sydney Institute 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 Director of Sydney
Institute based on Health Quest’s or successor’s advice.
(b) If sick leave is
not granted, the Director of Sydney Institute 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 Director of Sydney
Institute'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 Director
of Sydney Institute’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 Director
of Sydney Institute satisfactory evidence of illness in respect of an illness
which occurred during the leave, the Director of Sydney Institute 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 (e), Family and Community Services Leave, and insert in lieu thereof
the following:
(e) Family and
Community Services Leave
(i) The Director of
Sydney Institute 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 (ii) of this clause. The Director of Sydney Institute
may also grant leave for the purposes in subclause (iii) 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.
(ii) 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
Director of Sydney Institute considers the granting of family and community
service leave to be appropriate in a particular case.
(iii) 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.
(iv) The definition
of "family" or "relative" in this clause is the same as
that provided in paragraph 8 (a)(iii) of clause 8, Personal/Carer’s Leave of
this award.
(v) 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.
(vi) If available
family and community service leave is exhausted as a result of natural
disasters, the Director of Sydney Institute shall consider applications for
additional family and community service leave, if some other emergency arises.
(vii) 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 8, Personal/Carer’s
Leave of this award shall be granted when paid family and community service
leave has been exhausted or is unavailable.
(viii) A Director of
Sydney Institute 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 effect from 1 July 2011.
A.
MACDONALD, Commissioner
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Printed by
the authority of the Industrial Registrar.