Crown Employees (Rural Fire Service Salaries and Conditions of Employment 2003) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Correction to Serial C4817 published 25 August 2006

 

(360 I.G. 726)

 

(No. IRC 349 of 2006)

 

CORRECTION

 

1.          Delete subclause (h) of clause 45, Leave: Adoption Leave, and insert in lieu thereof the following:

 

(h)        Staff members entitled to adoption leave shall also have an additional entitlement as set out in Appendix B.

 

2.          Delete subclause (i) of clause 50, Leave: Maternity Leave, and insert in lieu thereof the following:

 

(i)         Staff members entitled to maternity leave shall also have an additional entitlement as set out in Appendix B.

 

3.          Delete subclause (f) of clause 53. Leave: Parental Leave, and insert in lieu thereof the following:

 

(f)         Staff members entitled to parental leave shall also have an additional entitlement as set out in Appendix B.

 

4.          Delete paragraph (a) of subclause (i) of  Appendix A, and insert in lieu thereof the following:

 

(i)         Personal Carers entitlement for casual employees

 

(a)        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 (ii) 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).

 

5.          Delete paragraphs (a) to (c) of subclause (ii) of Appendix A, and insert in lieu thereof the following:

 

(ii)        A family member for the purposes of (i)(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 or legal guardian), grandparent, grandchild or sibling of the staff member or of the spouse or de facto spouse of the staff member; or

 

6.          Delete Appendix B and insert in lieu thereof the following:

 

APPENDIX B

 

(i)         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).

 

(ii)        An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996 (NSW)) 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 the Commissioner in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(iii)       Right to request

 

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

 

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

 

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

 

(C)       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 Commissioner 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 Commissioner’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)        Staff member’s request and the Commissioner’s decision to be in writing

 

The staff member’s request made under (iii)(a) and the Commissioner’s decision made under (iii)(b) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where a staff member wishes to make a request under (iii)(a)(C), 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.

 

(iv)       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 Commissioner shall take reasonable steps to:

 

(A)      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

 

(B)       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 Commissioner 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 Commissioner of changes of address or other contact details which might affect the Commissioner’s capacity to comply with paragraph (iv)(a).

 

 

 

G. M. GRIMSON  Industrial Registrar.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.