Crown Employees (Catering Officers
Department of Sport and Recreation) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 362 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert after
Appendix 2, in the Arrangement of the award published 23 April 2004 (344 I.G. 101)
the following new Appendix 3.
Appendix 3
2. Delete
subclause clause 3.1 of clause 3, Temporary Employees and insert in lieu
thereof the following:
3.1 A temporary
employee is an employee engaged as a Catering Officer or Senior Catering
Officer, consistent with Section 27 or Section 38 of the Public Sector
Employment and Management Act 2002."
3. Insert after
subclause 4.8 of clause 4, Salaries the following new paragraph:
4.8.1 Temporary employees
employed under 3.2 (a) shall also receive the following entitlements in
accordance with the Crown Employees (Public Service Conditions of Employment)
Award 2005:
(a) Unpaid
parental leave in accordance with Clause 12 (iv)(d);
(b) Personal Carers'
entitlement in accordance with Clause 12 (v); and
(c) Bereavement
entitlement in accordance with, clause 12 (vi).
This entitlement is also set out at Appendix 3 of this
Award.
4. Insert after
Appendix 2, Centre and Academy Locations, the following new Appendix 3:
Appendix 3
(i) Temporary
employees employed under 3.2 (a) 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 temporary employee employed under 3.2
(a) (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
reengagement of temporary employees employed under 3.2 (a) are not affected,
other than in accordance with this clause.
(ii) Personal
Carers entitlement for temporary employees employed under 3.2 (a)
(a) temporary
employees employed under 3.2 (a) are entitled to not be available to attend work,
or to leave work if they need to care for a family member described in (iii)
below who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child. This entitlement is subject to
the evidentiary requirements set out below in (d), and the notice requirements
set out in (e).
(b) The Department
Head and the temporary employee employed under 3.2 (a) 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 temporary
employee employed under 3.2 (a) is not entitled to any payment for the period
of non-attendance.
(c) A Department
Head must not fail to re-engage a temporary employee employed under 3.2 (a)
because the employee accessed the entitlements provided for in this clause. The
rights of an employer to engage or not to engage a casual employee are
otherwise not affected.
(d) The temporary
employee employed under 3.2 (a)shall, if required,
(A) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(B) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a temporary employee employed
under 3.2 (a) must not take carer's leave under this subclause where another
person had taken leave to care for the same person.
(e) The temporary
employee employed under 3.2 (a) must, as soon as reasonably practicable and during
the ordinary hours of the first day or shift of such absence, inform the
employer of their inability to attend for duty. If it is not reasonably
practicable to inform the employer during the ordinary hours of the first day
or shift of such absence, the employee will inform the employer within 24 hours
of the absence.
(iii) A family
member for the purposes of (ii) (a) above is:
(a) a spouse of
the staff member; or
(b) a de facto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
(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 and legal guardian),
grandparent, grandchild or sibling of the staff member or of spouse or of de facto
spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(iv) Bereavement
entitlements for temporary employees employed under 3.2 (a)
(a) Temporary
employees employed under 3.2 (a) are entitled to not be available to attend
work, or to leave work upon the death in Australia of a family member on
production of satisfactory evidence (if required by the employer).
(b) The Department
Head and the temporary employee employed under 3.2 (a) 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 temporary
employee employed under 3.2 (a) is not entitled to any payment for the period
of non-attendance.
(c) A Department
Head must not fail to re-engage a temporary employee employed under 3.2 (a)
because the employee accessed the entitlements provided for in this clause. The
rights of an employer to engage or not engage a temporary employee employed
under 3.2 (a) are otherwise not affected.
(d) The temporary
employee employed under 3.2 (a) must, as soon as reasonably practicable and
during the ordinary hours of the first day or shift of such absence, inform the
employer of their inability to attend for duty. If it is not reasonably
practicable to inform the employer during the ordinary hours of the first day
or shift of such absence, the employee will inform the employer within 24 hours
of the absence."
5. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J
, President
____________________
Printed by
the authority of the Industrial Registrar.