Crown Employees (Lord Howe Island Board Salaries and Conditions 2004) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Correction to Serial C4821 published 25 August 2006

 

(360 I.G. 737)

 

(No. IRC 356 of 2006)

 

CORRECTION

 

1.          Delete subclause (H) of clause 22, Family and Community Service Leave, Personal/Carer’s Leave and Flexible Use of Other Leave Entitlements, and insert in lieu thereof the following:

 

H.         Use of Other Leave Entitlements

 

The Board may grant a staff member other leave entitlements for reasons related to family responsibilities, or community service by the staff member.  A staff member may elect, with the consent of the Board to take:

 

(i)         recreation leave:

 

(a)        not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)       at any time within a period of 24 months from the date at which it falls due;

 

(ii)        long service leave; or

 

(iii)       leave without pay.

 

2.          Delete subclause (ii) and (iii) of clause 27, Parental Leave and insert in lieu thereof the following:

 

(ii)        Right to request

 

(a)        A staff member entitled to parental leave may request the Board to allow the staff member:

 

(1)        to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(2)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(3)        to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the staff member in reconciling work and parental responsibilities.

 

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

 

(c)        The staff member s request and the Board's decision made under (ii)(a) and (ii)(b) are to be in writing.

 

(d)       Where a staff member wishes to make a request to return to work part-time, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the staff member is due to return to work from parental leave.

 

(iii)       Communication during parental leave

 

(a)        Where a staff member is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Board shall take reasonable steps to:

 

(1)        make information available in relation to any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing parental leave; and

 

(2)        provide an opportunity for the staff member to discuss any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing parental leave.

 

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

 

(c)        The staff member shall also notify the Board of changes of address or other contact details which might affect the Board's capacity to comply with the notification requirements of this clause.

 

3.          Delete subclauses (iii) to (vii) of clause 33, Casual Employment, and insert in lieu thereof the following:

 

(iii)       Casual staff are not entitled to any form of leave specified in this Award except as prescribed in subclauses (iv), (v), (vi) and (vii) of this clause.

 

(iv)       Bereavement entitlements for casual staff

 

(a)        Casual staff are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause A of clause 22 Family and Community Service Leave, Personal/Carers Leave and Flexible Use of Other Leave Entitlements, on production of satisfactory evidence (if required by the Board).

 

(b)       The Board and the casual staff member shall agree on the period for which the casual staff member will be entitled to not be available to attend work. In the absence of agreement, the casual staff member is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual staff member is not entitled to any payment for the period of non-attendance

 

(c)        The Board must not fail to re-engage a casual staff member because the casual staff member accessed the entitlements provided for in this clause. The rights of the Board to engage or not engage a casual staff member are otherwise not affected.

 

(d)       The casual staff member must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Board of their inability to attend for duty.  If it is not reasonably practicable to inform the Board during the ordinary hours of the first day or shift of such absence, the casual staff member will inform the Board within 24 hours of the absence.

 

(v)        Personal carers entitlement for casual staff members

 

(a)        Casual staff members are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause A of clause 22 Family and Community Service Leave, Personal/Carer's Leave and Flexible Use of Other Leave Entitlements who is sick and requires care and support, or who requires care due to an unexpected emergency, or birth of a child.

 

(b)       The casual staff member must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Board of their inability to attend for duty.  If it is not reasonably practicable to inform the Board during the ordinary hours of the first day or shift of such absence, the casual staff member will inform the Board within 24 hours of the absence.

 

(c)        The Board and the casual staff member shall agree on the period for which the casual staff member will be entitled to not be available to attend work. In the absence of agreement, the casual staff member is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual staff member is not entitled to any payment for the period of non-attendance.

 

(d)       The casual staff member shall, if required, establish by production of a medical certificate, a statutory declaration or other documentation acceptable to the Board, the illness of the person concerned and that the illness is such as to require care by another person, or the nature of the emergency and that such emergency resulted in the person concerned requiring care by the casual staff member.

 

(e)        The Board must not fail to re-engage a casual staff member because the casual staff member accessed the entitlements provided for in this clause. The rights of the Board to engage or not to engage a casual staff member are otherwise not affected.

 

(vi)       Parental leave entitlement for casual staff members

 

(a)        Casual staff members are entitled 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).

 

(b)       The Board must not fail to re-engage a regular casual staff member (see section 53(2) of the Industrial Relations Act 1996) because:

 

(A)       the casual staff member or the casual staff member’s spouse is pregnant; or

 

(B)       the casual staff member is or has been immediately absent on parental leave.

 

(c)        The rights of the Board in relation to engagement and re-engagement of casual staff members are not affected, other than in accordance with this clause.

 

(vii)     Casual staff members shall receive long service leave in accordance with the Long Service Leave Act 1955.

 

 

 

G. M. GRIMSON  Industrial Registrar.

 

 

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Printed by the authority of the Industrial Registrar.