Crown Employees (NSW TAFE Commission - Administrative and Support Staff Conditions of Employment) Award 2009

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 864 of 2010)

 

 

VARIATION

 

1.        Insert a new paragraph (1) in subclause (g) of clause 78, Sick Leave - Workers Compensation of the award published 31 July 2009 (368 I.G. 793) the following new paragraph:

 

(1)

 

(a)      The Managing Director shall advise each staff member of the rights under the Workers Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

 

(b)      A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers Compensation Act 1987, shall be required to lodge a claim for any such compensation.

 

(c)      Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the Managing Director shall assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.

 

(d)      The Managing Director will ensure that, once received by the NSW TAFE Commission, a staff member's workers compensation claim is lodged by the NSW TAFE Commission with the workers' compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.

 

(e)      Pending the determination of that claim and on production of an acceptable medical certificate, the Managing Director shall grant sick leave on full pay for which the staff member is eligible followed, if necessary, by sick leave without pay or, at the staff member's election by accrued recreation leave or extended leave.

 

(f)       If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim shall be restored to the credit of the staff member.

 

(g)      A staff member who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the staff member's ordinary rate of pay.  Sick leave utilised in this way shall be debited against the staff member.

 

(1)      Before approving the use of sick leave in this subclause, the Managing Director must be satisfied that the staff member is complying with the obligations imposed by the Workplace Injury Management and Workers Compensation Act 1998 which requires that the staff member must:

 

(i)       participate and cooperate in the establishment of the required injury management plan for the staff member;

 

(ii)       comply with obligations imposed on the staff member by or under the injury management plan established for the staff member;

 

(iii)      when requested to do so, nominate as their treating doctor for the purposes of the injury management plan a medical practitioner who is prepared to participate in the development of, and in the arrangements under, the plan;

 

(iv)      authorise the nominated treating doctor to provide relevant information to the insurer or the NSW TAFE Commission for the purposes of the injury management plan; and

 

(v)      make all reasonable efforts to return to work as soon as possible, having regard to the nature of the injury.

 

(h)      If a staff member notifies the appropriate Managing Director that he or she does not intend to make a claim for any such compensation, the Managing Director shall consider the reasons for the staff member's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

(i)       A staff member may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act.  If a staff member refuses to submit to a medical examination without an acceptable reason, the staff member shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the staff member is not fit to resume employment.

 

(j)       If the Managing Director provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the staff member fails, to resume or perform such duties, the staff member shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

(k)      No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

 

(l)       Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:

 

(1)      the staff member's claim for workers compensation;

 

(2)      the conduct of a medical examination by a Government or other Medical Officer;

 

(3)      a medical certificate issued by the examining Government or other Medical Officer; or

 

(4)      action taken by the Managing Director either under the Workers Compensation Act 1987 or any other relevant legislation to a claim for workers' compensation, medical examination or medical certificate.

 

2.        This variation shall take effect on and from 31 August 2010.

 

 

 

M. J. WALTON J , Vice-President

 

 

____________________

 

Printed by the authority of the Industrial Registrar.