Crown
Employees (Domestic Services Officers - Department of Agriculture) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C4829 published 25 August 2006
(360 I.G. 756)
(No. IRC 367 of 2006)
CORRECTION
1. Delete clause
10, Leave and insert in lieu thereof the following:
10. Leave
(i) General leave
conditions of employees under this Award shall be regulated in accordance with
the provisions contained within the Public Sector Employment and Management
Act 2002 and Regulation.
(ii) When Colleges
are in recess and it is necessary to stand down staff, employees employed in
such colleges shall be paid half ordinary pay for the period during which they
have been stood down, provided that they have been continuously employed for
the college term immediately preceding and for the college term immediately
following the period of recess.
(iii) During any
period of annual leave taken by an employee that employee shall be paid, in addition
to his/her ordinary rate of pay prescribed in clause 3 Salaries, any amount in
respect of shift penalties to which he/she would have become entitled had
he/she not proceeded on annual leave.
Such shift penalties to be calculated in accordance with his/her roster
or projected roster for the period of annual leave.
(iv) Employees who
are regularly rostered to perform rostered duty on Sundays and Public Holidays
shall be granted additional leave on the following basis:
Number of Ordinary
Shifts Worked on
|
|
Sunday and/or
Public Holidays
|
Additional Leave
|
|
|
4-10
|
1 additional days
leave
|
11-17
|
2 additional days
leave
|
18-24
|
3 additional days
leave
|
25-31
|
4 additional days
leave
|
32 or more
|
5 additional days
leave
|
(v) In addition to
the leave entitlements set out above, the following provisions shall also
apply.
(a) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996) because:
(i) the employee
or employee's spouse is pregnant; or
(ii) 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.
(b) Right to
Request
(i) An employee
entitled to parent leave may request the employer to allow the employee:
(A) extend the
period of simultaneous unpaid parent leave up to a maximum of eight weeks;
(B) to extend the period of unpaid parental leave
for a further continuous period of leave not exceeding 12 months;
(C) return from a
period of parent leave on a part time basis until the child reaches school age;
to assist the staff member in reconciling work and
parental responsibilities.
(ii) The employer
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.
(iii) Employee's
request and the employer's decision made under subparagraph 10(v)(b)(i) and 10(v)(b)(ii)
above, must be recorded in writing.
(iv) Request to
return to work part-time
Where an employee wished to make a request under
subparagraph 10(v)(b)(i)(C) above, such a request must be made as soon as
possible but no less that seven weeks prior to the date upon which the employee
is due to return to work from parental leave.
(c) Communication
during Parental Leave
(i) 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:
(A) 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
(B) 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.
(ii) 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.
(iii) 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 subparagraph
10(v)(c)(i).
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.