Crown
Employees (Home Care Service of New South Wales - Administrative Staff) Award
2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C4832 published 25 August 2006
(360 I.G. 761)
(No. IRC 376 of 2006)
CORRECTION
1. Delete
subclause (7) of clause 31, Personal/Carer's Leave and insert in lieu thereof the
following:
(7) Personal
Carers Entitlement for Casual employees
(i) Subject to
the evidentiary requirements set out in paragraph (1)(ii) and the notice
requirements set out in paragraph (1)(iv), casual employees are entitled to not
be available to attend work, or to leave work if they need to care for a person
prescribed in subparagraph (1)(iii)(b) of this clause who are sick and require
care and support, or who require care due to an unexpected emergency, or the
birth of a child.
(ii) The employer and
the 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.
(iii) An employer
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.
2. Delete paragraph (i) of subclause (8) of clause 31,
Personal/Carer's Leave and insert in lieu thereof the following:
(8) Bereavement
entitlements for Casual employees
(i) Subject to
the evidentiary requirements set out in paragraph (1)(ii) and the notice
requirements set out in (1)(iv), casual employees are entitled to not be
available to attend work, or to leave work upon the death in Australia of a
person prescribed in subparagraph (1)(iii)(b) of this clause.
3. Delete
subclauses (3), (4), (5) and (6) of clause 32, Parental Leave and insert in
lieu thereof the following:
(3) Other Parent
Leave
An employee, other than a casual employee, who has
completed 12 months' continuous service with the employer prior to the
commencement of 'other parent' leave, shall be entitled to unpaid ‘other
parent' leave under the following conditions:
(i) Up to a
maximum of eight weeks’ simultaneous unpaid leave;
(ii) A further continuous
period of unpaid leave to become the primary care giver for a period not
exceeding 12 months less any leave already taken by the employee as provided
for in paragraph (i) of this subclause.
(iii) Provided that
an employee shall:
(a) give 10 weeks'
notice of his or her intention to take 'other parent' leave;
(b) make a
statutory declaration:
that he or she is applying for leave to become the
primary caregiver;
detailing maternity or adoption leave sought or taken
by his or her spouse;
that he or she will not take another job or in any
other way contravene his or her contract of employment while on 'other parent'
leave,
(4) Right to
request
(i) An employee
entitled to either maternity, adoption or 'other parent' leave, other than a
casual employee, may request the employer to allow the employee:
(a) to extend the
period of unpaid maternity, adoption or 'other parent' leave for a further
continuous period of leave not exceeding 12 months;
(b) to return from
a period of maternity, adoption or 'other parent' leave on a part-time basis
until the child reaches school age to assist the employee 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 to be in writing.
The employee’s request under paragraph 4(i) and the employer’s
decision made under paragraph 4(ii) above, must be recorded in writing.
(iv) Request to
return to work part-time
Where an employee wishes to make a request under
4(i)(b) above, such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(5) Communication
during maternity, adoption or 'other parent' leave
(i) Where an
employee is on maternity, adoption or 'other parent' 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 maternity, adoption or ‘other parent’ 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 maternity, adoption or 'other parent' 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 maternity,
adoption or 'other parent' 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 change of address or other contact details
which might affect the employer’s capacity to comply with paragraph (i) of this
subclause.
(6) Casual
Employees
(i) An employer
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 an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.