Crown Employees (Roads and Traffic Authority of NSW - School Crossing Supervisors) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Roads and Traffic Authority of New South Wales.

 

(No. IRC 314 of 2006)

 

 

VARIATION

 

1.          Insert after paragraph (d) of subclause 11.8 Maternity Leave of clause 11 Leave of the award published 9 September 2005 (353 I.G. 787) the following new paragraph:

 

(e)        The RTA shall not fail to re-engage a regular casual SCS (see section 53(2) of the Industrial Relations Act 1996) because:

 

the SCS or SCS's spouse is pregnant; or

 

the SCS is or has been immediately absent on maternity leave.

 

The rights of the RTA in relation to engagement and re-engagement of casual SCSs are not affected, other than in accordance with this subclause.

 

2.          Insert after paragraph (c) in subclause 11.9 - Adoption Leave, of clause 11, the following new paragraph:

 

(d)        The RTA shall not fail to re-engage a regular casual SCS (see section 53(2) of the Industrial Relations Act 1996) because the SCS is or has been immediately absent on adoption leave. The rights of the RTA in relation to engagement and re-engagement of casual SCSs are not affected, other than in accordance with this subclause.

 

3.          Insert after paragraph (d) of subclause 11.10 Parental Leave of clause 11, the following new paragraph:

 

(e)        The RTA shall not fail to re-engage a regular casual SCS (see section 53(2) of the Industrial Relations Act 1996) because the SCS is or has been immediately absent on parental leave. The rights of the RTA in relation to engagement and re-engagement of casual SCSs are not affected, other than in accordance with this subclause.

 

4.          Insert after subclause 11.10 Parental Leave of clause 11, the following new subclauses:

 

11.10A             Communication during Maternity, Adoption and Parental Leave

 

(a)        Where an SCS is on maternity, adoption or parental leave and a definite decision has been made to introduce significant change at the workplace, the RTA shall take reasonable steps to:

 

make information available in relation to any significant effect the change will have on the status or responsibility level of the position the SCS held before commencing maternity, adoption or parental leave; and

 

provide an opportunity for the SCS to discuss any significant effect the change will have on the status or responsibility level of the position the SCS held before commencing maternity, adoption or parental leave.

(b)        The SCS shall take reasonable steps to inform the RTA about any significant matter that will affect the SCS's decision regarding the duration of maternity, adoption or parental leave to be taken, whether the SCS intends to return to work and whether the SCS intends to request to return to work on a part-time basis.

 

(c)        The SCS shall also notify the RTA of changes of address or other contact details which might affect the RTA’s capacity to comply with paragraph (a).

 

11.10B Rights of request during maternity, adoption or parental leave

 

(a)        An SCS entitled to maternity, adoption or parental leave may request that the RTA allow the employee:

 

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

 

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 SCS in reconciling work and parental responsibilities.

 

(b)        The RTA shall consider the request having regard to the SCS’s circumstances and, provided the request is genuinely based on the SCS’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the RTA’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)        The SCS’s request and the RTA decision to be in writing.

 

The SCS’s request and the RTA’s decision made under paragraph (a) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an SCS wishes to make a request under paragraph (a), dot point 2, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the SCS is due to return to work from maternity, adoption or parental leave.

 

5.          Insert after paragraph (i) of subclause 11.11 Family and community service leave, of clause 11, the following new paragraphs:

 

(j)         Bereavement entitlements for casual employees

 

Casual SCS's are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in paragraph (e) of this subclause.

 

The RTA and the SCS 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 SCS is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The SCS is not entitled to any payment for the period of non-attendance.

 

If required by the RTA, the SCS must establish the need to take leave, by production of evidence, such as a death certificate or statutory declaration providing details of the circumstances of death.

 

The RTA shall not fail to re-engage a casual SCS because the employee accessed the entitlements provided for in this subclause. The rights of the RTA to engage or not engage a casual SCS is otherwise not affected.

 

 

 

(k)        Personal Carers Entitlement for casual employees

 

Casual SCSs are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in paragraph (e) of this subclause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

The RTA and the SCS shall agree on the period for which the SCS 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 SCS is not entitled to any payment for the period of non-attendance.

 

If required by the RTA, the SCS must establish, by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

The RTA shall not fail to re-engage a casual SCS because the employee accessed the entitlements provided for in this clause.  The rights of the RTA to engage or not to engage a casual SCS are otherwise not affected.

 

6.          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.