Crown
Employees (Parliament House Conditions of Employment 2004) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C4828 published 11 August 2006
(360 I.G. 605)
(No. IRC 366 of 2006)
CORRECTION
1. Delete
paragraph (a) of subclause (v) of clause 28A, Leave for Casual Employees, and
insert in lieu thereof the following:
(v) 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 (vi) 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).
2. Delete
paragraphs (a) to (c) of subclause (vi) of clause 28A and insert in lieu
thereof the following:
(vi) A family
member for the purposes of (v)(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
3. Delete
subclause (viii) of clause 36, Maternity Leave, and insert in lieu thereof the
following:
(viii) Right to
Request
(a) A staff member
who has been granted maternity leave in accordance with subclause (i) may make
a request to the Clerk(s) to:
(1) extend the
period of unpaid maternity leave for a further continuous period of leave not
exceeding 12 months;
(2) return from a
period of full time maternity 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 Clerk(s)
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 Clerk(s)’ business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
4. Delete
subparagraph (1) of paragraph (a) of subclause (i) of clause 37 Parental Leave,
and insert in lieu thereof the following:
(1) Applied for
parental leave within the time and in the manner determined; and
5. Delete
subclauses (vi) and (vii) of clause 37, and insert in lieu thereof the
following:
(vi) Right to
Request
(a) A staff member
who has been granted parental leave in accordance with subclause (i) may make a
request to the Clerk(s) to:
(1) extend the period
of unpaid parental leave for a further continuous period of leave not exceeding
12 months;
(2) return from a
period of full time 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 Clerk(s)
shall consider the request having regard to the staff member’s circumstances
and, provided the request is genuinely based on staff member’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Clerk(s)’ business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(vii) 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 Clerk(s) 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 Clerk(s) about any significant
matter that will affect the staff members 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 Clerk(s) of changes of address or other contact
details which might affect the Clerk(s)’ capacity to comply with paragraph (a).
6. Delete
subclauses (viii) and (ix) of clause 38 Adoption Leave, and insert in lieu
thereof the following:
(viii) Right to
Request
(a) A staff member
who has been granted adoption leave in accordance with subclause (i) may make a
request to the Clerk(s) to:
(1) extend the
period of unpaid adoption leave for a further continuous period of leave not
exceeding 12 months;
(2) return from a
period of full time adoption 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 Clerk(s)
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 Clerk(s)’ business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(ix) Communication
during Adoption Leave
(a) Where a staff
member is on adoption leave and a definite decision has been made to introduce
significant change at the workplace, the Clerk(s) 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 adoption 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 adoption leave.
(b) The staff
member shall take reasonable steps to inform the Clerk(s) about any significant
matter that will affect the staff member 's decision regarding the duration of
adoption 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 Clerk(s) of changes of address or other contact
details which might affect the Clerk(s)’ capacity to comply with paragraph (a).
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.