Fire Brigade (Maintenance,
Construction and Miscellaneous Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 371 of 2006)
Before The Honourable Justice
Wright, President
|
3 February 2006
|
VARIATION
1. Insert after
subclause (ii) of Clause 22, Bereavement Leave of the award published 9
February 2001 (Vol 322 I.G. 47) the following new subclause:
(iii) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in Clause 22 casual employees are entitled
to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 1.1.3 (ii) of Clause (31)
Personal Carers Leave.
(b) The employer
and the 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.
(c) An employer
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.
2. Delete
paragraph 1.3.1 of clause 31 - Personal Carers Leave and insert in lieu thereof
the following:
1.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.3. Insert
new subclause 1.3.4 of Clause 31 - Personal/Carers Leave, as follows:
3. Insert after
paragraph 1.3.3 of subclause 1.3 Annual Leave of clause 31, a new paragraph
1.3.4
1.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
4. Insert after
subclause 1.6 Rostered Days Off of Clause 31 Personal/ Carers Leave, the
following new subclause:
1.7 Personal
Carers Entitlement for casual employees
1.7.1 Subject to the
evidentiary and notice requirements in 1.1.2 and 1.1.4 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 1.1.3(ii) of this clause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
1.7.2 The employer
and the 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.
1.7.3 An employer
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.
5. Insert after
subclause (e) of clause 33, Parental Leave the following new subclauses:
(f) Refer to the Industrial
Relations Act 1996 (NSW). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
(g) An employer
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
re-engagement of casual employees are not affected, other than in accordance with
this clause.
(h) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under h(a)(ii) and h(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
h(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(i) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held before
commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
6. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J
, President
____________________
Printed by
the authority of the Industrial Registrar.