Crown Employees (National Parks
and Wildlife Service) Field Officers and Skilled Trades 2000 Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 382 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
clause 2, Arrangement after clause 50, Area, Incidence and Duration of the
award published 1 October 2004 (Vol 346 I.G. 623) the following:
Appendix A - Salary Schedules
Annexure 1 - Casual Leave Entitlements
Annexure 2 - Salary Schedule for Field
2. Insert after
subclause (ii) of clause 15, Temporary Work Arrangements, the following new
subclause:
(iii) 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 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 in this Award at
Annexure 1 - Casual Leave Entitlements."
3. Insert after
Appendix A - Salary Schedules - Annexure 1 - Casual Leave Entitlements.
Annexure 1
Casual Leave
Entitlements
(a) 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).
The Department Head 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
reengagement of casual employees are not affected, other than in accordance
with this clause.
(b) Personal
Carers entitlement for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in Clause 29 B (iii) (b) 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 (iv), and the notice requirements set
out in (v).
(ii) 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.
(iii) A 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 to engage a casual employee are otherwise not affected.
(iv) The casual
employee 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 casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
(v) The casual
employee 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.
(c) Bereavement
entitlements for casual employees
(i) Casual
employees 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).
(ii) 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.
(iii) A 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.
(iv) The casual
employee 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.
4. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J
, President
____________________
Printed by
the authority of the Industrial Registrar.