Higher School Certificate and School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Office of Board of Studies.

 

(No. IRC 302 of 2006)

 

 

VARIATION

 

1.          Insert in the Arrangement in Section 4 - Rates of Pay and Allowances, of the award published 23 December 2005 (355 I.G. 539), the following new clause 14, Family Leave Provisions, and renumber existing clauses accordingly:

 

14.       Family Leave Provisions

 

2.          Insert after clause 13. Reporting of Performance, the following new clause:

 

14.  Family Leave Provisions

 

14.1      The General Manager must not fail to re-engage an Employee because:

 

14.1.1   The Employee or Employee's spouse is pregnant; or

 

14.1.2   The Employee is or has been immediately absent on parental leave

 

The rights of an employer in relation to engagement and re-engagement of Employees are not affected, other than in accordance with this clause.

 

14.2      Personal Carers entitlement for Employees

 

14.2.1   Employees are entitled to not be available to attend work, or to leave work if they need to care for a family member being:

 

a spouse or family member; or

 

a de facto spouse being a member of the opposite sex to the Employee who lives with the Employee as her husband or as his wife on a bona fide domestic basis although not legally married to that Employee; or

 

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 and legal guardian), a grandparent, grandchild or sibling of the Employee or of the spouse or of de facto spouse of the Employee; or

 

a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or a relative of the Employee 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

 

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 evidentiary requirements set out below in (14.3), and the notice requirements set out in (14.4).

 

14.2.2   The General Manager and the Employee shall agree on the period which the Employee will be entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The Employee is not entitled to any payment for the period of non-attendance.

 

14.2.3   The General Manager must not fail to re-engage an Employee because the Employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage an Employee are otherwise not affected.

 

14.3      The Employee, shall if required,

 

14.3.1   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

 

14.3.2   Establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such an emergency resulted in the person concerned requiring care by the Employee.

 

In normal circumstances, an Employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

14.4      The Employee must, as soon as reasonably practical and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the Employee will inform the employer within 24 hours of the absence (drawn from AIRC order [PR964989]).

 

14.5      Bereavement entitlements for Employees

 

14.5.1   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 employer).

 

14.5.2   The General Manager and the Employee shall agree on the period for which the Employee will be entitled to not be available to attend work. In the absence agreement, the Employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The Employee is not entitled to any payment for the period of non-attendance.

 

14.5.3   The General Manager must not fail to re-engage the Employee because the Employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage an Employee are otherwise not affected.

 

14.5.4   The Employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the Employee will inform the employer within 24 hours of the absence (Drawn from AIRC order [PR964989]).

 

3.          This variation shall take effect from 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

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Printed by the authority of the Industrial Registrar.