Crown Employees (Police Officers - 2005) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Police Service.

 

(No. IRC 358 of 2006)

 

 

VARIATION

 

1.          Insert in numerical order in clause 1, Arrangement, of the award published 7 October 2005 (354 I.G. 175), the following new clause numbers and subject matter:

 

24A.    Right to Request Additional Maternity, Parental or Adoption Leave

24B.     Communication During Maternity, Parental or Adoption Leave

 

2.          Insert after the words "to provide such care and support when a family member is ill" in subclause (i) of clause 21, Sick Leave to Care for a Family Member, the following:

 

 , or who require care due to an unexpected emergency.  Such leave may be taken for part of a single shift.

 

3.          Delete paragraph (i) (b), of the said clause 21, and insert in lieu thereof the following:

 

(b)        The officer shall, if required,

 

(1)        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

 

(2)        establish by production of documentation acceptable to the Commissioner or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the officer.

 

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

 

4.          Insert at the end of paragraph (i) (a), of clause 23, Parental Leave the following:

 

See also paragraph (a) of  subclause (i) of clause 24a  Right to Request Additional Maternity, Parental or Adoption Leave.

 

5.          Insert at the end of  paragraph (i) (b), of said clause 23, the following:

 

Further Parental Leave may be granted in terms outlined under paragraph (b) of subsclause (i) of clause 24A Right to Request Additional Maternity, Parental or Adoption Leave.

 

6.          Insert after paragraph (iii) (c), of the said clause 23, the following new paragraph:

 

(d)        Extended Parental Leave may then continue under the terms outlined in paragraph (c) of subclause (i) of clause 24A Right to Request Additional Maternity, Parental or Adoption Leave.

 

7.          Insert after paragraph (ii) (c), of clause 24, Adoption Leave, the following new paragraph:

 

(d)        Adoption Leave may then continue under the terms outlined in paragraphs (b) and (c) of subclause (i) of clause 24a Right to Request Additional Maternity, Parental or Adoption Leave.

 

8.          Insert after clause 24 Adoption Leave, the following new clauses:

 

24A.  Right to Request Additional Maternity, Parental Or Adoption Leave

 

(i)         An officer who has been granted maternity, parental, or adoption leave in accordance with clauses 22, 23 and 24 of this Award may make a request to the Commissioner to:

 

(a)        extend a period of short term parental leave as provided for in subclause (i) of clause 23 of this Award to an unbroken period of 8 weeks;

 

(b)        extend the period of unpaid maternity, parental, or adoption leave for a further continuous period of leave not exceeding 12 months;

 

(c)        return from a period of full time maternity, parental or adoption leave on a part time basis until the child reaches school age;

 

to assist the officer in reconciling work and parental responsibilities.

 

(ii)        The Commissioner shall consider the request having regard to the officer’s circumstances and, provided the request is genuinely based on the officer’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or operational requirements.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

24B.  Communication During Maternity, Parental Or Adoption Leave

 

(i)         Where an officer is on maternity, parental or adoption leave and a definite decision has been made to introduce significant change at the workplace, the Commissioner shall take reasonable steps to:

 

(a)        make information available in relation to any significant effect the change will have on the status or responsibility level of the position the officer held before commencing maternity, parental or adoption leave; and

 

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

 

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

 

(iii)       The officer shall also notify the Commissioner of changes of address or other contact details which might affect the Commissioner’s capacity to comply with subclause (i).

 

8.          This 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.