Crown
Employees (Jenolan Caves Reserve Trust) Salaries Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C4820 published 25 August 2006
(360 I.G. 734)
(No. IRC 354 of 2006)
CORRECTION
1. Delete
subclause 14.11 of clause 14, Casual Employment and insert in lieu thereof the
following:
14.11 Casuals shall
also receive the following entitlements in accordance with the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006:
(a) Unpaid
parental leave in accordance with paragraph 12(iv)(d);
(b) Personal
Carer's entitlement in accordance with subclause 12(v); and
(c) Bereavement
entitlement in accordance with subclause 12(vi).
This entitlement is also set out at Schedule G of this
Award.
2. Delete
Schedule G and insert in lieu thereof the following:
SCHEDULE G
OTHER CASUAL
ENTITLEMENTS
(i) 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 Trust must
not fail to re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996) 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 the Trust in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(ii) 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 Trust 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 Trust must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the Trust 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 Trust 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 Trust of their inability
to attend for duty. If it is not reasonably practicable to inform the Trust
during the ordinary hours of the first day or shift of such absence, the
employee will inform the Trust within 24 hours of the absence.
(iii) 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 or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or 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.
(iv) 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 Trust).
(b) The Trust 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 Trust must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the Trust 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 Trust of their inability
to attend for duty. If it is not reasonably practicable to inform the Trust
during the ordinary hours of the first day or shift of such absence, the
employee will inform the Trust within 24 hours of the absence.
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.