Crown Employees (School Administrative and Support Staff) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 1002 of 2010)

 

 

VARIATION

 

1.        Delete paragraph 16.1.6 of subclause 16.1 Adoption, Maternity and Parental Leave, of clause 16 Leave, of the award published 31 October 2008 (366 I.G. 887), and insert in lieu thereof the following:

 

16.1.6 An employee who commences a subsequent period of maternity or adoption leave for another child within 24 months of commencing an initial period of maternity or adoption leave will be paid:

 

(i)       at the rate (full time or part time) they were paid before commencing the initial leave if they have not returned to work; or

 

(ii)       at a rate based on the hours worked before the initial leave was taken, where the staff member has returned to work and reduced their hours during the 24 month period; or

 

(iii)      at a rate based on the hours worked prior to the subsequent period of leave where the staff member has not reduced their hours.

 

2.        Insert after paragraph 16.5.8 of subclause 16.5 Leave Without Pay, of clause 16, the following new paragraphs:

 

16.5.9            A permanent appointment may be made to the employee’s position if:

 

(i)       the leave without pay has continued or is likely to continue beyond the original period of approval and is for a total period of more than 12 months; and

 

(ii)       the employee is advised of the Director-General’s proposal to permanently backfill their position; and

 

(iii)      the employee is given a reasonable opportunity to end the leave without pay and return to their position; and

 

(iv)      the Director-General advised the employee at the time of the subsequent approval that the position will be filled on a permanent basis during the period of leave without pay.

 

16.5.10          The position cannot be filled permanently unless the above criteria are satisfied.

 

16.5.11          The employee does not cease to be employed by the Director-General if their position is permanently backfilled.

 

16.5.12          Paragraph 16.5.9 of this subclause does not apply to full time unpaid parental leave granted in accordance with subclause 16.1 Adoption, Maternity and Parental Leave or to military leave.

 

3.        Delete paragraph 16.6.2 of subclause 16.6 Military Leave, of clause 16, and insert in lieu thereof the following:

 

16.6.2 Up to 24 working days' military leave per financial year may be granted by the Director-General to members of the Naval and Military Reserves and up to 28 working days per financial year to members of the Air Force Reserve for the activities specified in paragraph 16.7.1 of this subclause.

 

4.        Delete subclause 16.7, Personal Carers Leave, of clause 16, and insert in lieu thereof the following:

 

16.7    Personal Carers Leave

 

Use of Sick Leave to Care for a Family Member

 

Where family and community service leave provided for in subclause 16.4 of this clause is exhausted or unavailable, a permanent or long-term temporary employee with responsibilities in relation to a category of person set out in paragraph 16.7.3 of this subclause who needs the employee's care and support, may elect to use available paid sick leave, subject to the conditions specified in this subclause, to provide such care and support when a family member is ill.

 

16.7.1 The sick leave shall initially be taken from the sick leave accumulated over the previous three years. In special circumstances, the Director-General may grant additional sick leave from the sick leave accumulated during the employee’s eligible service.

 

16.7.2 If required by the Director-General to establish the illness of the person concerned, the employee must provide evidence consistent with paragraph 16.10.1 of this clause.

 

5.        Delete paragraphs 16.9.2, 16.9.3, and 16.9.4 of subclause 16.9, Sick Leave, of clause 16, and insert in lieu thereof the following:

 

16.9.2 Payment for sick leave is subject to the employee:

 

(i)       informing their principal as soon as reasonably practicable that they are unable to perform duty because of illness. This must be done as close to the employee’s starting time as possible; and

 

(ii)       providing evidence of illness as soon as practicable if required by subclause 16.10 of this clause.

 

16.9.3 The Director-General may direct an employee to participate in a return to work program if the employee has been absent on a long period of sick leave.

 

16.9.4 Entitlements.  An employee appointed from the date of the commencement of this award variation will immediately commence accruing sick leave in accordance with this clause. Employees at the time of this award variation will accrue sick leave in accordance with this clause from the beginning of the 2011 school year.

 

(i)       At the commencement of employment with the Department, a full time employee is granted an accrual of five days sick leave.

 

(ii)       After the first four months of employment, the employee shall accrue sick leave at the rate of ten working days per year for the balance of the first year of service.

 

(iii)      After the first year of service, the employee shall accrue sick leave day to day at the rate of 15 working days per year of service.

 

(iv)      All continuous service as a permanent or long-term temporary employee shall be taken into account for the purpose of calculating sick leave due.  Where the service is not continuous, previous periods of service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

(v)      Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave.

 

(vi)      When determining the amount of sick leave accrued, sick leave granted on less than full pay shall be converted to its full pay equivalent.

 

16.9.5 Paid sick leave which may be granted to a permanent and long-term temporary employee in the first three months of service shall be limited to five days' paid sick leave, unless the Director-General approves otherwise.  Paid sick leave in excess of five days granted in the first three months of service shall be supported by a satisfactory medical certificate.

 

16.9.6 No paid sick leave shall be granted to short-term temporary employees.

 

6.        Delete subclause 16.10, Sick Leave - Requirements for Medical Certificate, and insert in lieu thereof the following:

 

16.10   Sick Leave - Requirements for Medical Certificate

 

16.10.1          A permanent or long-term temporary employee absent from duty for more than two consecutive working days because of illness must furnish evidence of illness to the Director-General in respect of the absence.

 

16.10.2          In addition to the requirements under sub-clause 16.9.2, an employee may absent themselves for a total of five working days due to illness without the provision of evidence of illness to the Director-General. Employees who absent themselves in excess of five working days in a calendar year may be required to furnish evidence of illness to the Director-General for each occasion absent for the balance of the calendar year.

 

16.10.3          As a general practice, backdated medical certificates will not be accepted. However, if an employee provides evidence of illness that only covers the latter part of the absence, they can be granted sick leave for the whole period if the Director-General is satisfied that the reason for the absence is genuine.

 

16.10.4          If an employee is required to provide evidence of illness for an absence of two consecutive working days or less, the Director-General will advise them in advance.

 

16.10.5          If the Director-General is concerned about the diagnosis described in the evidence of illness produced by the employee, after discussion with the employee, the evidence provided and the employee’s application for leave can be referred to HealthQuest or its successor for advice.

 

(i)       The type of leave granted to the employee will be determined by the Director-General based on the advice of HealthQuest’ or its successor. 

 

(ii)       If sick leave is not granted, the Director-General will, as far as practicable, take into account the wishes of the employee when determining the type of leave granted.

 

16.10.6          The granting of paid sick leave shall be subject to the employee providing evidence which indicates the nature of the illness or injury and the estimated duration of the absence. If an employee is concerned about disclosing the nature of the illness to their principal they may elect to have the application for sick leave dealt with confidentially by an alternate supervisor or the human resources section of the Department.

 

16.10.7          The reference in this subclause to evidence of illness shall apply, as appropriate:

 

(i)       up to one week may provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Director-General's discretion, another registered health services provider; or

 

(ii)       where the absence exceeds one week and, unless the health provider listed in (i) above is also a registered medical practitioner, applications for any further sick leave must be supported by a medical certificate from a registered medical practitioner; or

 

(iii)      at the Director-General’s discretion, other forms of evidence that satisfy that an employee had a genuine illness.

 

16.10.8          If a permanent or long-term temporary employee who is absent on recreation or extended leave furnishes to the Director-General a satisfactory medical certificate in respect of an illness which occurred during the leave, the Director-General may grant sick leave to the employee if the period set out in the medical certificate is five working days or more.

 

16.10.9          Paragraph 16.10.7 of this subclause applies to all permanent or long-term temporary employees other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

7.        Insert a new paragraph 16.11.4 in subclause 16.11 Sick Leave - Workers Compensation, of clause 16, and renumber existing paragraphs 16.11.4 to 16.11.7 to read as 16.11.5 to 16.11.8

 

16.11.4          Before approving the use of sick leave in this subclause, the Department must be satisfied that the staff member is complying with the obligations imposed by the Workplace Injury Management and Workers Compensation Act 1998 which requires that the staff member must:

 

(i)       participate and cooperate in the establishment of the required injury management plan for the staff member;

 

(ii)       comply with obligations imposed on the staff member by or under the injury management plan established for the staff member;

 

(iii)      when requested to do so, nominate as their treating doctor for the purposes of the injury management plan a medical practitioner who is prepared to participate in the development of, and in the arrangements under, the plan;

 

(iv)      authorise the nominated treating doctor to provide relevant information to the insurer or the Department for the purposes of the injury management plan; and

 

(v)      make all reasonable efforts to return to work as soon as possible, having regard to the nature of the injury.

 

8.        This variation shall take effect from the beginning of the first full pay period to commence on or after 24 September 2010.

 

 

 

P. J. CONNOR, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.