Crown Employees (Parliament House
Conditions of Employment 2004) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Presiding Officers Parliament of New South Wales.
(No. IRC 366 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
numerical order in clause 1, Arrangement of the award published 11 February
2005 (348 I.G. 445), the following new clause number and subject matter:
28A. Leave for
Casual Employees
2. Insert after
clause 28, Leave General, the following new clause:
28A. Leave for Casual
Employees
(i) Other than as
described under (iv), (v) and (vii) below, casual employees are not entitled to
any other paid or unpaid leave.
(ii) Casual
employees will be paid 1/12th in lieu of annual leave.
(iii) Casual
employees will be entitled to Long Service Leave in accordance with the
provisions of the Long Service Leave Act 1955.
(iv) Casual
employees are entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance
with the Industrial Relations Act 1996. The following provisions shall
also apply in addition to those set out in the Industrial Relations Act
1996 (NSW).
(a) The Clerks
must not fail to re-engage a regular casual employee because:
(A) the employee or
employee's spouse is pregnant; or
(B) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(v) Personal
Carers entitlement for casual employees
(a) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in (iii) below 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 (d), and the notice requirements set out in (e).
(b) The Clerks and
the casual employee 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
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) The Clerks
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
(d) The casual
employee 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
employer or a statutory declaration, the nature of the emergency and that
such emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
(e) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
(vi) A family
member for the purposes of (ii) (a) above is:
(a) a spouse of
the staff member; or
(b) a de facto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the staff member or of spouse or of de
facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:-
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(vii) Bereavement
entitlements for casual employees
(a) Casual
employees 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 employer).
(b) The Clerks and
the casual employee 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
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) The Clerks
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
(d) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their inability
to attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the
employee will inform the employer within 24 hours of the absence.
3. Insert after
subclause (vii), of clause 36, Maternity Leave, the following new subclauses:
(viii) Right to
Request
(1) A staff member
who has been granted maternity, adoption or other parent leave in accordance
with subclause (a), (b) or (c) may make a request to the Department Head to:
(i) extend the
period of unpaid maternity, adoption or other parent leave for a further
continuous period of leave not exceeding 12 months;
(ii) return from a
period of full time maternity, adoption or other parent leave on a part time
basis until the child reaches school age;
to assist the staff member in reconciling work and
parental responsibilities.
(2) The Department
Head 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.
4. Delete
subclause (i), of clause 37, Parental Leave, and insert in lieu thereof the
following:
(i) A staff
member is entitled to take parental leave in respect of each pregnancy of the
spouse or partner as follows:
(a) short parental
leave - an unbroken period of up to one week at the time of the birth of the
child or other termination of the spouse's or partner's pregnancy; or in the
case of adoption, from the date of taking custody of the child or children;
A staff member entitled to short other parent leave is
entitled to payment at the ordinary rate of pay for a period of up to 1 week,
provided the staff member:
(1) Applied for
parental leave within the time and in the manner determined set out in
subclause (j) of this clause; and
(2) Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(b) extended
parental leave - for a period not exceeding 12 months, less any short parental leave
already taken by the staff member as provided for in paragraph (a) of this
subclause in order to assume the primary care giving responsibilities.
5. Insert after
subclause (v), of clause 37, Parental Leave, the following new subclauses:
(vi) Right to
Request
(1) A staff member
who has been granted maternity, adoption or other parent leave in accordance
with subclause (a), (b) or (c) may make a request to the Department Head to:
(i) extend the
period of unpaid maternity, adoption or other parent leave for a further
continuous period of leave not exceeding 12 months;
(ii) return from a
period of full time maternity, adoption or other parent leave on a part time
basis until the child reaches school age;
to assist the staff member in reconciling work and
parental responsibilities.
(2) The Department
Head 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.
(vii) 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 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.
(b) 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.
(c) 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 paragraph (a).
6. Insert after
subclause (vii), of clause 38, Adoption Leave, the following new subclauses:
(vii) Right to
Request
(1) A staff member
who has been granted maternity, adoption or other parent leave in accordance
with subclause (a), (b) or (c) may make a request to the Department Head to:
(i) extend the
period of unpaid maternity, adoption or other parent leave for a further
continuous period of leave not exceeding 12 months;
(ii) return from a
period of full time maternity, adoption or other parent leave on a part time
basis until the child reaches school age;
to assist the staff member in reconciling work and
parental responsibilities.
(2) The Department
Head 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.
(ix) Communication
during Adoption Leave
(a) Where an
employee is on adoption 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 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.
(b) 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.
(c) 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 paragraph (a).
7. This
variation shall take effect from the 19 December 2005.
F.
L. WRIGHT J
, President
____________________
Printed by
the authority of the Industrial Registrar.