Crown Employees (Parliament House Conditions of Employment 2004) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Correction to Serial C4828 published 11 August 2006

 

(360 I.G. 605)

 

(No. IRC 366 of 2006)

 

CORRECTION

 

1.          Delete paragraph (a) of subclause (v) of clause 28A, Leave for Casual Employees, and insert in lieu thereof the following:

 

(v)        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 (vi) 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).

 

2.          Delete paragraphs (a) to (c) of subclause (vi) of clause 28A and insert in lieu thereof the following:

 

(vi)       A family member for the purposes of (v)(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

 

3.          Delete subclause (viii) of clause 36, Maternity Leave, and insert in lieu thereof the following:

 

(viii)     Right to Request

 

(a)        A staff member who has been granted maternity leave in accordance with subclause (i) may make a request to the Clerk(s) to:

 

(1)        extend the period of unpaid maternity leave for a further continuous period of leave not exceeding 12 months;

 

(2)        return from a period of full time maternity 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 Clerk(s) 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 Clerk(s)’ business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

4.          Delete subparagraph (1) of paragraph (a) of subclause (i) of clause 37 Parental Leave, and insert in lieu thereof the following:

 

(1)        Applied for parental leave within the time and in the manner determined; and

 

5.          Delete subclauses (vi) and (vii) of clause 37, and insert in lieu thereof the following:

 

(vi)       Right to Request

 

(a)        A staff member who has been granted parental leave in accordance with subclause (i) may make a request to the Clerk(s) to:

 

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

 

(2)        return from a period of full time 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 Clerk(s) shall consider the request having regard to the staff member’s circumstances and, provided the request is genuinely based on staff member’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Clerk(s)’ business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(vii)      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 Clerk(s) 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 Clerk(s) about any significant matter that will affect the staff members 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 Clerk(s) of changes of address or other contact details which might affect the Clerk(s)’ capacity to comply with paragraph (a).

 

6.          Delete subclauses (viii) and (ix) of clause 38 Adoption Leave, and insert in lieu thereof the following:

 

(viii)     Right to Request

 

(a)        A staff member who has been granted adoption leave in accordance with subclause (i) may make a request to the Clerk(s) to:

 

(1)        extend the period of unpaid adoption leave for a further continuous period of leave not exceeding 12 months;

 

(2)        return from a period of full time adoption 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 Clerk(s) 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 Clerk(s)’ business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(ix)       Communication during Adoption Leave

 

(a)        Where a staff member is on adoption leave and a definite decision has been made to introduce significant change at the workplace, the Clerk(s) 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 adoption 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 adoption leave.

 

(b)        The staff member shall take reasonable steps to inform the Clerk(s) about any significant matter that will affect the staff member 's decision regarding the duration of adoption 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 Clerk(s) of changes of address or other contact details which might affect the Clerk(s)’ capacity to comply with paragraph (a).

 

 

 

G. M. GRIMSON  Industrial Registrar.

 

 

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Printed by the authority of the Industrial Registrar.