Crown Employees (Roads and Traffic Authority of New South Wales - Wages Staff) Award 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Roads and Traffic Authority of New South Wales.

 

(No. IRC 313 of 2006)

 

 

VARIATION

 

1.          Insert in the Arrangement after subclause 6.8 Parental leave, of clause 6 Leave, of the award published 3 March 2006 (357 I.G. 641) the following new subclauses:

 

6.8A    Communication during Maternity, Adoption and Parental Leave

6.8B     Rights of request during maternity, adoption or parental leave

 

2.          Delete paragraph (a) of subclause 6.6 Maternity Leave, of clause 6, and insert in lieu thereof the following:

 

(a)        If you are a female staff member (including casual staff members who have worked for the RTA on a regular and systematic basis for at least 12 months), you are entitled to unpaid maternity leave to enable you to retain your position and return to work within a reasonable time after the birth of your child.

 

3.          Insert after paragraph (h) of subclause 6.6 Maternity Leave, of clause 6, the following new paragraph:

 

(i)         The RTA shall not fail to re-engage you if are a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because:

 

you or your spouse is pregnant; or

you have been immediately absent on maternity leave.

 

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

 

4.          Delete paragraph (c) of subclause 6.7, Adoption Leave, of clause 6, and insert in lieu thereof the following:

 

(c)        All staff (including casual staff members who have worked for the RTA on a regular and systematic basis for at least 12 months) are entitled to unpaid adoption leave and this may be taken as:

 

short adoption leave, being three weeks leave without pay;

extended adoption leave:

 

up to 12 months on leave without pay

including any short or paid adoption leave.

 

 

 

 

5.          Insert after paragraph (i) of subclause 6.7, of clause 6, the following new paragraph:

 

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

 

6.          Delete paragraph (a) of subclause 6.8, Parental Leave of clause 6, and insert in lieu thereof the following:

 

(a)        If you are not entitled to adoption or maternity leave, you may be entitled to unpaid parental leave to enable you, as a parent, to share in the responsibility of caring for your child or children, including if you are a casual employee who has worked for the RTA on a regular and systematic basis for at least 12 months.

 

7.          Insert after paragraph (e) of subclause 6.8, of clause 6, the following new paragraph:

 

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

 

8.          Insert after subclause 6.8, the following new subclauses:

 

6.8A    Communication during Maternity, Adoption and Parental Leave

 

(a)        If you are 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 you held before commencing maternity, adoption or parental leave; and

 

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

 

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

 

(c)        You 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).

 

6.8B     Rights of request during maternity, adoption or parental leave

 

(a)        If you are entitled to maternity, adoption or parental leave, you may request that the RTA allow you:

 

to extend your 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 your child reaches school age;

 

to assist you in reconciling your work and parental responsibilities.

 

(b)        The RTA shall consider the request having regard to your circumstances and, provided the request is genuinely based on the your 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)        Your request and the RTA decision to be in writing.

 

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

 

(d)        Request to return to work part-time

 

Where you wish 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 you are due to return to work from maternity, adoption or parental leave.

 

9.          Insert after paragraph (i) of subclause 6.9 Family and Community Service Leave, of clause 6, the following new paragraphs:

 

(j)         Bereavement entitlements for casual employees

 

If you are a casual employee, you 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.

 

If you need to be unavailable to attend work for bereavement reasons, you and the RTA shall agree on the period for which you will be entitled to not be available to attend work. In the absence of agreement, you are entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. You are not entitled to any payment for the period you do not attend.

 

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

 

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

 

(k)        Personal Carers Entitlement for casual employees

 

If you are a casual employee, you are entitled to not be available to attend work, or to leave work if you need to care for a person prescribed in paragraph (e) of this subclause who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

The RTA and you shall agree on the period for which you will be entitled to not be available to attend work. In the absence of agreement, you are entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. You are not entitled to any payment for the period you do not attend.

 

If required by the RTA, you 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 you because you accessed the entitlements provided for in this subclause. The rights of the RTA  to engage or not to engage you are otherwise not affected.

 

10.        Insert after paragraphs (g) of subclause 6.9, of clause 6, the following new subparagraphs:

 

(a)        You  may elect, with the RTA’s agreement, to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

(b)        You may elect, with the consent of the RTA, to take annual leave not exceeding ten single days in single-day periods, or part thereof, in any calendar year at a time or times agreed between yourself and the RTA.

 

11.        This variation shall take effect on and from 19 December 2005.

 

 

 

F. L. WRIGHT  J, President.

 

 

 

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Printed by the authority of the Industrial Registrar.