Crown Employees (Jenolan Caves Reserve Trust) Salaries Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Correction to Serial C4820 published 25 August 2006

 

(360 I.G. 734)

 

(No. IRC 354 of 2006)

 

CORRECTION

 

1.          Delete subclause 14.11 of clause 14, Casual Employment and insert in lieu thereof the following:

 

14.11    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 Schedule G of this Award.

 

2.          Delete Schedule G and insert in lieu thereof the following:

 

SCHEDULE G

 

OTHER CASUAL ENTITLEMENTS

 

(i)         Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement 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).

 

(a)        The Trust 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 the Trust in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(ii)        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 (iii) 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).

 

(b)        The Trust 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 Trust must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the Trust to engage or not to engage a casual employee are otherwise not affected.

 

(d)        The casual employee shall, if required,

 

(A)      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

 

(B)       establish by production of documentation acceptable to the Trust 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 carer's leave under this subclause where another person had 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 Trust of their inability to attend for duty. If it is not reasonably practicable to inform the Trust during the ordinary hours of the first day or shift of such absence, the employee will inform the Trust within 24 hours of the absence.

 

(iii)       A family member for the purposes of (ii) (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.

 

(iv)       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 Trust).

 

(b)        The Trust 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 Trust must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the Trust 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 Trust of their inability to attend for duty. If it is not reasonably practicable to inform the Trust during the ordinary hours of the first day or shift of such absence, the employee will inform the Trust within 24 hours of the absence.

 

 

 

G. M. GRIMSON  Industrial Registrar.

 

 

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Printed by the authority of the Industrial Registrar.