Greyhound Racing Authority (NSW) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Correction to Serial C4818 published 22 September 2006

 

(361 I.G. 73)

 

(No. IRC 352 of 2006)

 

CORRECTION

 

1.          Delete paragraph (a) of subclause (c) of clause 2 Salaries and insert in lieu thereof the following:

 

(c)        Casuals shall also receive the following entitlements in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006:

 

(a)        Unpaid parental leave in accordance with paragraph 12(iv)(d);

 

(b)        Personal Carer's entitlement in accordance with subclause 12(v); and

 

(c)        Bereavement entitlement in accordance with subclause 12(vi).

 

This entitlement is also set out at Appendix A of this Award.

 

2.          Delete Appendix A and insert in lieu thereof the following:

 

APPENDIX A

 

(1)        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 (2) 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 (1)(d), and the notice requirements set out in (1)(e).

 

(b)        The Authority and the casual 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)        The Authority must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the Authority to engage or not to engage a casual employee are otherwise not affected.

 

(d)        The casual employee shall, if required,

 

(i)         establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(ii)        establish by production of documentation acceptable to the Authority, or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a casual employee must not take personal carer's leave under this subclause where another person has taken leave to care for the same person.

 

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

 

(2)        A family member for the purposes of (1)(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

 

(d)        a same sex partner who lives with the staff member as the de facto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household, where for the purposes of this definition:-

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

(3)        Bereavement entitlements for casual employees

 

(a)        Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the Authority).

 

(b)        The Authority and the casual 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)        The Authority must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the Authority to engage or not engage a casual employee are otherwise not affected.

 

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

 

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

 

APPENDIX B

 

(1)        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).

 

(2)        The Authority 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 Authority in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(3)        Right to request

 

(a)        An employee entitled to parental leave may request the Authority to allow the employee:

 

(i)         to extend the period of simultaneous unpaid parental leave 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 Authority 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 Authority’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 Authority 's decision to be in writing

 

Employee’s request and the Authority’s decision made under 3(a) and 3(b) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less then seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(4)        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 Authority 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 Authority  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 Authority of changes of address or other contact details which might affect the Authority’s capacity to comply with subclause 4(a) above.

 

 

 

G. M. GRIMSON  Industrial Registrar.

 

 

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Printed by the authority of the Industrial Registrar.