Crown
Employees (Lord Howe Island Board Salaries and Conditions 2004) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C4821 published 25 August 2006
(360 I.G. 737)
(No. IRC 356 of 2006)
CORRECTION
1. Delete
subclause (H) of clause 22, Family and Community Service Leave,
Personal/Carer’s Leave and Flexible Use of Other Leave Entitlements, and insert
in lieu thereof the following:
H. Use of Other
Leave Entitlements
The Board may grant a staff member other leave
entitlements for reasons related to family responsibilities, or community
service by the staff member. A staff
member may elect, with the consent of the Board to take:
(i) recreation
leave:
(a) not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) at any time
within a period of 24 months from the date at which it falls due;
(ii) long service
leave; or
(iii) leave without
pay.
2. Delete
subclause (ii) and (iii) of clause 27, Parental Leave and insert in lieu
thereof the following:
(ii) Right to
request
(a) A staff member
entitled to parental leave may request the Board to allow the staff member:
(1) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(3) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the staff member in reconciling work and
parental responsibilities.
(b) The Board shall
consider the request having regard to the staff member's circumstances and,
provided the request is genuinely based on the staff member 's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Board’s business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) The staff
member s request and the Board's decision made under (ii)(a) and (ii)(b) are to
be in writing.
(d) Where a staff
member wishes to make a request to return to work part-time, such a request
must be made as soon as possible but no less than seven weeks prior to the date
upon which the staff member is due to return to work from parental leave.
(iii) Communication
during parental leave
(a) Where a staff member
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the Board shall take reasonable steps to:
(1) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member
held before commencing parental leave; and
(2) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
(b) The staff
member shall take reasonable steps to inform the Board about any significant
matter that will affect the staff member 's decision regarding the duration of
parental leave to be taken, whether the staff member intends to return to work
and whether the staff member intends to request to return to work on a
part-time basis.
(c) The staff
member shall also notify the Board of changes of address or other contact
details which might affect the Board's capacity to comply with the notification
requirements of this clause.
3. Delete
subclauses (iii) to (vii) of clause 33, Casual Employment, and insert in lieu
thereof the following:
(iii) Casual staff
are not entitled to any form of leave specified in this Award except as
prescribed in subclauses (iv), (v), (vi) and (vii) of this clause.
(iv) Bereavement
entitlements for casual staff
(a) Casual staff
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a person prescribed in subclause A of clause 22 Family
and Community Service Leave, Personal/Carers Leave and Flexible Use of Other
Leave Entitlements, on production of satisfactory evidence (if required by the
Board).
(b) The Board and
the casual staff member shall agree on the period for which the casual staff
member will be entitled to not be available to attend work. In the absence of
agreement, the casual staff member is entitled to not be available to attend
work for up to 48 hours (i.e. two days) per occasion. The casual staff member
is not entitled to any payment for the period of non-attendance
(c) The Board must
not fail to re-engage a casual staff member because the casual staff member
accessed the entitlements provided for in this clause. The rights of the Board
to engage or not engage a casual staff member are otherwise not affected.
(d) The casual
staff member must, as soon as reasonably practicable and during the ordinary
hours of the first day or shift of such absence, inform the Board of their
inability to attend for duty. If it is
not reasonably practicable to inform the Board during the ordinary hours of the
first day or shift of such absence, the casual staff member will inform the Board
within 24 hours of the absence.
(v) Personal
carers entitlement for casual staff members
(a) Casual staff
members are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in subclause A of clause 22 Family
and Community Service Leave, Personal/Carer's Leave and Flexible Use of Other
Leave Entitlements who is sick and requires care and support, or who requires
care due to an unexpected emergency, or birth of a child.
(b) The casual
staff member must, as soon as reasonably practicable and during the ordinary
hours of the first day or shift of such absence, inform the Board of their
inability to attend for duty. If it is
not reasonably practicable to inform the Board during the ordinary hours of the
first day or shift of such absence, the casual staff member will inform the
Board within 24 hours of the absence.
(c) The Board and
the casual staff member shall agree on the period for which the casual staff
member will be entitled to not be available to attend work. In the absence of
agreement, the casual staff member is entitled to not be available to attend
work for up to 48 hours (i.e. two days) per occasion. The casual staff member is not entitled to any payment for the
period of non-attendance.
(d) The casual
staff member shall, if required, establish by production of a medical
certificate, a statutory declaration or other documentation acceptable to the
Board, the illness of the person concerned and that the illness is such as to
require care by another person, or the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the casual staff
member.
(e) The Board must
not fail to re-engage a casual staff member because the casual staff member
accessed the entitlements provided for in this clause. The rights of the Board
to engage or not to engage a casual staff member are otherwise not affected.
(vi) Parental leave
entitlement for casual staff members
(a) Casual staff
members are entitled 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).
(b) The Board must
not fail to re-engage a regular casual staff member (see section 53(2) of the Industrial
Relations Act 1996) because:
(A) the casual
staff member or the casual staff member’s spouse is pregnant; or
(B) the casual
staff member is or has been immediately absent on parental leave.
(c) The rights of
the Board in relation to engagement and re-engagement of casual staff members
are not affected, other than in accordance with this clause.
(vii) Casual staff
members shall receive long service leave in accordance with the Long Service
Leave Act 1955.
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.