Crown Employees (Department of Juvenile Justice - Detention Centres 2005) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Correction to Serial C4827 published 25 August 2006

 

(360 I.G. 753)

 

(No. IRC 365 of 2006)

 

CORRECTION

 

1.          Delete subclause 5.8 of clause 5, Casual Employment and insert in lieu thereof the following:

 

5.8        Casuals shall also receive the following entitlements in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006:

 

(a)        Unpaid parental leave in accordance with paragraph 12 (iv)(d);

 

(b)        Personal Carer's entitlement in accordance with subclause 12(v); and

 

(c)        Bereavement entitlement in accordance with subclause 12 (vi).

 

This entitlement is also set out in Appendix C of this Award.

 

2.          Delete subclause (i) of Appendix C and insert in lieu thereof the following:

 

(i)         Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(a)        The Department Head must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) 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.

 

3.          Delete paragraph (c) of subclause (iii) of Appendix C and insert in lieu thereof the following:

 

(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

 

4.          Delete paragraphs (b) and (c) of subclause (iv) of Appendix C and insert in lieu thereof the following:

 

(b)        The Department Head 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)        The Department Head 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.

 

 

 

G. M. GRIMSON  Industrial Registrar.

 

 

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Printed by the authority of the Industrial Registrar.