Greyhound
Racing Authority (NSW) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C4818 published 22 September 2006
(361 I.G. 73)
(No. IRC 352 of 2006)
CORRECTION
1. Delete paragraph
(a) of subclause (c) of clause 2 Salaries and insert in lieu thereof the
following:
(c) 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 Appendix A of this
Award.
2. Delete
Appendix A and insert in lieu thereof the following:
APPENDIX A
(1) 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 (2) 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 (1)(d), and the notice requirements set out in (1)(e).
(b) The Authority
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 Authority
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the Authority to engage
or not to engage a casual employee are otherwise not affected.
(d) The casual
employee shall, if required,
(i) 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
(ii) establish by
production of documentation acceptable to the Authority, 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 personal carer's leave under this subclause where another person has 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 Authority of their
inability to attend for duty. If it is not reasonably practicable to inform the
Authority during the ordinary hours of the first day or shift of such absence,
the employee will inform the Authority within 24 hours of the absence.
(2) A family
member for the purposes of (1)(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.
(3) 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 Authority).
(b) The Authority
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 Authority
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the Authority 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 Authority of their
inability to attend for duty. If it is not reasonably practicable to inform the
Authority during the ordinary hours of the first day or shift of such absence,
the employee will inform the Authority within 24 hours of the absence.
3. Delete
Appendix B and insert in lieu thereof the following:
APPENDIX B
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the
Industrial Relations Act 1996 (NSW).
(2) The Authority
must not fail to re-engage a regular casual employee (see section 53 (2) of the
Industrial Relations Act 1996 (NSW) 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 Authority in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the Authority to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave up to a maximum of eight weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age:
to assist the employee in reconciling work and parental
responsibilities.
(b) The Authority
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 Authority’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee’s
request and the Authority 's decision to be in writing
Employee’s request and the Authority’s decision made
under 3(a) and 3(b) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less then
seven weeks prior to the date upon which the employee is due to return to work from
parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Authority shall take
reasonable steps to:
(i) 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
(ii) 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.
(b) The employee
shall take reasonable steps to inform the Authority 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.
(c) The employee
shall also notify the Authority of changes of address or other contact details
which might affect the Authority’s capacity to comply with subclause 4(a)
above.
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.