Crown Employees (Household Staff - Department of Education and Training) Wages and Conditions Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 325 of 2006)

 

 

VARIATION

 

1.          Delete the Arrangement of the award published 22 October 2004 (346 I.G. 961), and insert in lieu thereof the following:

 

Arrangement

 

PART A

 

Clause No.    Subject Matter

 

1.         Title

2.         Dictionary

3.         Wages

3A.      Deduction of Union Membership Fees

4.         Wage Sacrifice for Superannuation and Wage/Salary Packaging Arrangements

5.         Classification Structure

6.         Hours of Work

7.         Broken Shift Allowance

8.         Work Performed on Weekends

9.         Leave

10.       Family and Community Service Leave

11.       Bereavement Leave

12.       Personal/Carer’s Leave

13.       Parental Leave

14.       Higher Duties

15.       Dispute and Grievance Resolution Procedures

16.       Public Holidays

17.       Overtime

18.       Anti-discrimination

19.       Training and Development

20.       Multi-skilling

21.       Performance Management Scheme

22.       Flexible Work Organisation

23.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Allowances

 

 

2.          Renumber the clauses in the body of the award to reflect the new Arrangement.

 

3.          Insert after subclause 11.5, of clause 11, Bereavement Leave, of the award published the following new subclauses:

 

11.6      Subject to the evidentiary and notice requirements in 11.2, 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 subclause 12.1.3 of 12. Personal/Carer’s Leave.

 

11.7      The employer and employee shall agree on the period for which the employee will not be entitled to be available to attend work.  In the absence of agreement, the employee is entitled to not be available 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.

 

11.8      An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

4.          Insert after paragraph 12.1.4, of clause 12, Personal/Carer’s Leave, the following new paragraphs:

 

12.1.5   Subject to the evidentiary and notice requirements in 12.1.4, 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 subclause 12.1.3 of 12. Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

12.1.6   The employer and the employee shall agree on the period for which the employee will not be entitled to be available to attend work.  In the absence of agreement, the employee is entitled to not be available 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.

 

12.1.7   An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

5.          Delete subclause 12.3, of the said clause 12, and insert in lieu thereof the following:

 

12.3      Use of Annual Leave -

 

12.3.1  An employee may elect with the consent of the principal, subject to the Annual Holidays Act 1944 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 to care for a person prescribed in subclause 12.1.3 of 12. Personal/Carer’s Leave who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

12.3.2  An employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

12.3.3  Access to annual leave, as prescribed in subclause 12.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

12.3.4  An employee may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

 

 

 

 

 

 

6.          Insert after clause 12, Personal/Carer’s Leave, the following new clause:

 

13.  Parental Leave

 

13.1      Parental leave conditions of employees under this Award shall be regulated in accordance with the provisions contained within the Act and Regulation and will be in addition to those set out in the Industrial Relations Act 1996 (NSW) and the Regulation.

 

13.2      An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) 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 an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

13.3      Right to Request

 

13.3.1   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.

 

13.3.2   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.

 

13.3.3   The employee’s request and the employer’s decision made under 13.3.1 (ii) and 13.3.1 (iii) must be recorded in writing.

 

13.3.4   Where an employee wishes to make a request under 13.3.1 (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 parental leave.

 

13.4      Communication During Parental Leave

 

13.4.1   Where an employee is on parental leave and a definite decision has been made to introduce a 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.

 

13.4.2   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.

 

13.4.3   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 13.4.1.

 

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.