Crown Employees (Teachers in TAFE Children's Centres) Salaries and Conditions Award 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 327 of 2006)

 

 

VARIATION

 

1.          Insert after paragraph 3.6.4 of subclause 3.6 Casual Teachers of clause 3 Salaries and Allowances of the award published 2 June 2006 (359 I.G. 458) the following new paragraphs.

 

3.6.5     Bereavement Leave

 

(i)         Subject to the evidentiary and notice requirements in subclause 8.5.1.2 and 8.5.1.4 casual teachers are entitled to not be available to attend work, or to leave work on the death in Australia of a person prescribed in subclause 8.5.1.3.2 of clause 8.5 Personal/Carer’s Leave.

 

(ii)        The employer and the casual teacher 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 casual teacher is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual teacher is not entitled to any payment for the period of non attendance.

 

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

 

3.6.6     Personal/Carer’s leave

 

(i)         Subject to the evidentiary and notice requirements in subclause 8.5.1.2 and 8.5.1.4 casual teachers are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 8.5.1.3.2 of clause 8.5 Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

2.          Delete subparagraph 8.5.3.1 of paragraph 8.5.3 of clause 8, Leave and insert in lieu thereof the following:

 

8.5.3.1 A teacher may elect, with the consent of the employer and subject to the Annual Holidays Act 1944, to take annual leave not exceeding ten days in single-day periods or part thereof in any calendar year at a time or times agreed by the parties.

 

3.          Insert after subparagraph 8.5.3.3 of clause 8, the following new subparagraph.

 

8.5.3.4  A teacher may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

4.          The 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.