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SERIAL C4734

 

Waterways Authority of New South Wales Award 1999

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Public Employment Office.

 

(No. IRC 340 of 2006)

 

 

VARIATION

 

1.          Delete paragraphs 8.1.3 and 8.10 of clause 8, Contract of Employment, of the award published 22 March 2002 (332 I.G. 551), and renumber existing clauses accordingly:

 

2.          Insert after subclause 8.2 Conditions Applicable to Boating Service Officers (BSO's), of clause 8, and insert in lieu thereof the following new subclauses:

 

8.3        Conditions Applicable to Casual Staff

 

8.3.1     Casual employment shall be for the current period of hiring which may be set at a week, a day or an hour. The period of hire and the method for payment shall be clearly stated at the time of engaging casual staff.

 

8.3.2     Casual employment - a casual employee working ordinary time shall be paid the hourly rate for the position plus 20% to cover Sick Leave, Annual Leave, and Public Holidays.

 

8.3.3     Bereavement entitlement for casual employees:

 

8.3.3.1              Subject to the evidentiary and notice requirements set out in the Authority's Personal Carer's Leave policy, casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in sub-clause 20.2.3 of Clause 20.2 Personal/Carer's Leave.

 

8.3.3.2              The Authority 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.

 

8.3.4     Personal Carer's entitlement for casual employees:

 

8.3.4.1              Subject to the evidentiary and notice requirements set out in the Authority's Personal Carer's Leave policy, casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in sub-clause 20.2.3 of Clause 20.2 Personal/Carer's Leave who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

8.3.4.2              The Authority 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 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.

 

8.3.5     The Authority must not fail to re-engage a regular casual employee (see section 53 (2) of the Industrial Relations Act 1996 (NSW) because:

 

8.3.5.1              The employee or the employee's spouse is pregnant; or

 

8.3.5.2              The employee is or has been immediately absent on parental leave.

 

8.3.6     The Authority must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this sub-clause, that is 8.3. The rights of the Authority to engage or not engage a casual employee are otherwise not affected.

 

3.          Delete paragraphs 19.1.2, 19.1.3 and 19.1.4 of clause 19, Leave and insert in lieu thereof the following:

 

19.1.2   Annual Leave

 

19.1.2.1            Staff are entitled to Annual Leave as follows:

 

(i)         Day Workers - four weeks paid leave for each completed year of service.

 

(ii)        Boating Service Officers (working weekends & public holidays) - five weeks paid leave for each completed year of service.

 

(iii)       Team Leaders in Environmental Services and Environmental Service Officers - 190 hours per annum

 

(iv)       Harbour Master/Marine Pilots at Eden and Yamba are entitled to five weeks paid leave for each completed year of service.

 

19.1.2.2            The taking of Annual Leave entitlements will be at a time mutually agreed between management, the employee and, where appropriate, the work team, having regard to leave rostering arrangements and workload requirements.

 

19.1.2.3            Individual requests to accrue in excess of 30 days Annual Leave will be considered on a case by case basis.

 

19.1.2.4            For purposes of taking leave, for employees on a 35 hour week, one day is equivalent to 7 hours, and for employees on a 38 hour week, one day is equivalent to 7.6 hours. For employees working a rostered 12 hour day, 3 days on and 3 days off, one day is equivalent to 10.86 hours.

 

19.1.2.5            Staff on Day Work will be debited for each working day absent exclusive of Public Holidays.

 

19.1.2.6            Annual Leave Accruals

 

The Parties agree that the maximum entitled annual leave balance shall be no more than 30 days (or pro-rata equivalent for part-timers) by end of the NSW school holidays in July each year. Where an employee does not voluntarily schedule leave to meet the required target the parties agree that:

 

(i)         such employees will be directed to take leave and

 

(ii)        will be deemed to be on leave even if they attend work on the scheduled days for the leave.

 

19.1.2.7            An employee may elect, with the consent of the Authority to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties in order to meet their personal carer's responsibilities.

 

19.1.2.8            An employee may elect with the Authority's agreement to take annual leave at any time within a period of 24 months from the date at which it falls due in order to meet their personal carer's responsibilities.

 

19.1.2.9            The conditions for the taking of Annual Leave are set out in the relevant Parts of this Award.

 

4.          Delete existing subclause 20.2 Aged and Dependant Care Leave of clause 20, Staff and Family Assistance and insert in lieu thereof the following:

 

20.2      Personal Carer's Leave

 

20.2.1   Paid Leave may be provided for staff to arrange or provide short term care for sick, injured or aged dependants or family members.

 

20.2.2   Paid Leave may also be provided for staff in the case of the death of a dependant or family member. In the case of bereavement, if Personal Carer's Leave has been exhausted, then Special Leave can be requested (See 20.3 below)

 

20.2.3   A "dependant" in both 20.2.1 and 20.2.2 is defined as any person who has a family relationship (including de-facto partners of the opposite or same gender) with the staff member or for whom the staff member is responsible in terms of care and support. See Personal Carer's Policy for complete definition of "dependant".

 

20.2.4   Each individual case will be determined on a case by case basis.

 

20.2.5   Leave for such purposes of up to 5 days per calendar year may be granted by the relevant delegated manager.

 

20.2.6   If Personal Carer's Leave has been exhausted, then untaken Sick Leave of up to 5 days a year may be accessed for the current year and the three previous years for the purposes of caring for a dependant.

 

20.2.7   An employee may elect, with the consent of the Authority to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties in order to meet their personal carer's responsibilities.

 

20.2.8   An employee may elect with the Authority's agreement to take annual leave at any time within a period of 24 months from the date at which it falls due in order to meet their personal carer's responsibilities.

 

5.          Delete subclauses 20.4 Maternity Leave and 20.5 Paternity Leave of clause 20, and insert in lieu thereof the following

 

20.4      Maternity, Adoption and Parental Leave

 

20.4.1   Permanent and temporary staff who have completed at least forty weeks continuous service either with The Authority or with an organisation listed in the Schedule to the Transferred Officers Extended Leave Act 1961, prior to commencement of Maternity Leave shall be granted paid Maternity Leave on full pay for 14 weeks from the date Maternity Leave commences. Maternity Leave may commence up to 14 weeks prior to the expected date of birth as indicated on the medical certificate furnished with the application for Maternity Leave.

 

20.4.2   Payment for Maternity Leave may be on a normal fortnightly basis; or in advance in a lump sum; or at a rate of half pay over a period of 28 weeks on a regular fortnightly basis.

 

20.4.3   Staff may elect to take available Annual Leave on half pay in conjunction with any period of Maternity Leave on half pay.

 

20.4.4   Staff who have been granted Annual and/or Long Service Leave in respect of any period subsequently allowed as paid Maternity Leave shall be re-accredited with such Annual and/or Long Service Leave.

 

20.4.5   An employee who will be the primary care giver from the date of taking custody of an adopted child is entitled to payment at the ordinary rate of pay for a period of 14 weeks adoption leave, or the period of adoption leave taken, whichever is the lesser, provided that the employee:

 

(i)         applied for adoption leave within the time and manner determined by the designated manager;

 

(ii)        prior to the commencement of adoption leave, had completed not less than 40 weeks' continuous service.

 

20.4.6   Employees of The Authority, who become parents and are not eligible for maternity or adoption leave, may apply for unpaid Paternal Leave in terms of the Industrial Relations Act 1996. Employees will be able to apply for parental leave:

 

(i)         provided that reasonable notice has been given to their manager to allow necessary arrangements to be made;

 

(ii)        prior to the expected date of birth or taking custody (in the case of adoption) have completed not less than 40 weeks' continuous service.

 

20.4.7               Up to one week on full pay or two weeks on half pay is available to employees who meet the above criteria, in 20.4.6. The period of parental leave does not extend the current entitlement of up to 12 months leave, but is part of it.

 

20.4.8               Parental leave is available to male or female staff. Parental leave may begin at any time up to two years from the date of birth or taking custody of the child.

 

20.4.9               Employees who are eligible for paid maternity, parental or adoption leave are entitled to up to 12 months of unpaid leave. The paid component of the leave is included in this 12 months and does not extend the total period of leave.

 

20.4.10             Casual employees are entitled to unpaid maternity, parental and adoption leave under Chapter 2, Part 4, Division, section 54, Entitlement to Unpaid Parental Leave, in accordance with 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).

 

20.4.11             An employee must not fail to re-engage a regular casual employee (see section 53 (2) of the Act) because:

 

(i)         the employee or employee's spouse is pregnant; or

 

(ii)        the employee is or has been immediately absent on maternity , adoption or parental leave.

 

the rights of the Authority in relation to engagement and reengagement of casual employees are not affected, other than in accordance with this sub-clause.

 

20.4.12             Right to Request

 

20.4.12.1          An employee entitled to maternity, adoption or parental leave may request the Authority to allow the employee:

 

(i)         to extend the period of simultaneous unpaid maternity, adoption or parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid maternity, adoption or parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to return from a period of maternity, adoption or parental leave on a part-time basis until the child reaches school age to assist the employee in reconciling work and parental responsibilities.

 

20.4.12.2          The Authority 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 Authority's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

20.4.12.3          The employee's request and the Authority's decision made under 20.4.11.1 (ii) and 20.4.11.1 (iii) must be recorded in writing.

 

20.4.12.4          Where an employee wishes to make a request under the sub-clause 20.4.11.1 (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 maternity, adoption or parental leave.

 

20.4.13             Communication during maternity, adoption and parental leave

 

20.4.13.1          Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, The Authority 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 held before commencing parental leave.

 

20.4.13.2          The employee shall take reasonable steps to inform the Authority about any significant matter that will affect the employee's decision regarding the duration of maternity, adoption or 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.

 

20.4.13.3          The employee shall also notify The Authority of changes of address or other contact details which might affect The Authority's capability to comply with paragraph 20.4.13.1.

 

6.          Renumber subclause 20.6 Child Care to read as subclause 20.5.

 

7.          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.