Waste Recycling and Processing
Corporation (Salaries and Conditions of Employment 2005) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public Employment
Office.
(No. IRC 410 of 2006)
|
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
numerical order in clause 1, Arrangement of the award published 3 February 2006
(356 I.G.987), the following new clause number and subject matter:
104. Appendix A
2. Insert after
paragraph (g) of clause 56 Adoption Leave, the following new subclause:
(h) Employees
entitled to maternity leave shall also have an additional entitlement as set
out in Appendix A.
3. Insert after
subclause (h) of clause 60, Maternity Leave, the following new subclause:
(i) Employees
entitled to adoption leave shall also have an additional entitlement as set out
in Appendix A, Additional parental leave.
4. Insert after
subclause (e) of clause 63, Parental Leave, the following new subclause:
(f) Employees
entitled to parental leave shall also have an additional entitlement as set out
in Appendix A.
5. Insert after
clause 103 Secure Employment, the following new clause:
104. Appendix A
(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) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use 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 employer
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 employer’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 employer’s decision to be in writing
The employee’s request and the employer’s decision made
under 2(a)(ii) and 2(a)(iii) 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 than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(3) 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 employer 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 employer 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 employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
6. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J
, President
____________________
Printed by
the authority of the Industrial Registrar.