Crown
Employees (Harness Racing Authority) Conditions of Employment Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial C4819
published 25 August 2006
(360 I.G. 730)
(No. IRC 353 of 2006)
CORRECTION
1. Delete
subclause (d) of clause 25, Casual Employment and insert in lieu thereof the
following:
(d) Casuals shall also receive the following
entitlements:
(1) Personal Carer's and Bereavement
entitlement in accordance with Appendix A of this Award; and
(2) Unpaid parental leave in accordance with
Appendix B.
2. Delete subclause (f) of clause 16 Parental Leave, and
insert in lieu thereof the following:
(f) Staff members entitled to parental
leave shall also have an additional entitlement as set out in Appendix B.
3. Delete subclause (h) of clause 17 Adoption Leave, and
insert in lieu thereof the following:
(h) Staff members entitled to adoption leave
shall also have an additional entitlement as set out in Appendix B.
4. Delete Appendix A and insert in lieu thereof the following:
APPENDIX A
(i) 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 (ii) 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) HRA 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) HRA must not fail to re-engage a casual
employee because the employee accessed the entitlements provided for in this
clause. The rights of HRA to engage or not to engage a casual employee are
otherwise not affected.
(d) The casual employee shall, if required,
(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
(2) establish by production of documentation
acceptable to HRA 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 HRA of their inability to attend for duty. If it is not
reasonably practicable to inform HRA during the ordinary hours of the first day
or shift of such absence, the employee will inform HRA within 24 hours of the
absence.
(ii) A family member for the purposes of
(i)(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.
(iii) 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 HRA).
(b) HRA 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) HRA must not fail to re-engage a casual
employee because the employee accessed the entitlements provided for in this
clause. The rights of HRA 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 HRA of their inability to attend for duty. If it is not
reasonably practicable to inform HRA during the ordinary hours of the first day
or shift of such absence, the employee will inform HRA within 24 hours of the
absence.
5. Delete Appendix B and insert in lieu thereof the following:
APPENDIX B
(i) 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).
(ii) HRA 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 HRA
in relation to engagement and re-engagement of casual employees are not
affected, other than in accordance with this clause.
(iii) Right to request
(a) A staff member entitled to parental
leave may request HRA to allow the staff member:
(1) to extend the period of simultaneous
unpaid parental leave use up to a maximum of eight weeks;
(2) to extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
(3) to return from a period of parental
leave on a part-time basis until the child reaches school age.
to assist the
staff member in reconciling work and parental responsibilities.
(b) HRA shall consider the request having
regard to the staff member’s circumstances and, provided the request is
genuinely based on the staff member’s parental responsibilities, may only
refuse the request on reasonable grounds related to the effect on the workplace
or HRA’s business. Such grounds might include cost, lack of adequate
replacement staff, loss of efficiency and the impact on customer service.
(c) The staff member s request and the HRA's
decision to be in writing
The staff member’s
request and HRA’s decision made under (iii)(a) and (iii)(b) must be recorded in writing.
(d) Request to return to work part-time
Where a staff
member wishes to make a request under (iii)(a)(3), such a request must be made as
soon as possible but no less then seven weeks prior to the date upon which the
staff member is due to return to work from parental leave.
(iv) Communication during parental leave
(a) Where a staff member is on parental
leave and a definite decision has been made to introduce significant change at
the workplace, HRA shall take reasonable steps to:
(1) make information available in relation
to any significant effect the change will have on the status or responsibility
level of the position the staff member held before commencing parental leave;
and
(2) provide an opportunity for the staff
member to discuss any significant effect the change will have on the status or
responsibility level of the position the staff member held before commencing
parental leave.
(b) The staff member shall take reasonable
steps to inform HRA about any significant matter that will affect the staff
member’s decision regarding the duration of parental leave to be taken, whether
the staff member intends to return to work and whether the staff member intends
to request to return to work on a part time basis.
(c) The staff member shall also notify HRA
of changes of address or other contact details which might affect HRA’s
capacity to comply with paragraph (a).
G. M. GRIMSON Industrial
Registrar.
____________________
Printed by the authority of the Industrial
Registrar.