Technical
and Further Education Commission of New South Wales - Security Employees -
Wages and Conditions Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Education and Training.
(No. IRC 324 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert after
paragraph (i)(d), of clause 18, Personal/Carer’s Leave, of the award published
27 August 2004 (346 I.G. 119), the following new paragraphs:
(e) Subject to the
evidentiary and notice requirements in 18 (i) (b) and 18 (i) (c), 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 18 (c) (ii) of 18.
Personal/Carer’s Leave who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child.
(f) The employer
and the employee shall agree on the period for which the employee will not be
entitled to be available to attend work.
In the absence of agreement, the employee is entitled to not be
available 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.
(g) 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
subclause (iii), of the said clause 18, and insert in lieu thereof the
following:
(iii) Use of Annual
(Recreation) Leave
(a) An employee
may elect, with the consent of the employer and subject to the Technical and
Further Education Commission Act 1990, to take annual leave for
personal/carer’s leave purposes not exceeding ten days in single-day periods,
or part thereof, in any calendar year at a time or times agreed by the parties
to care for a person prescribed in subclause 18 (c) (ii) of 18.
Personal/Carer’s Leave who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child.
(b) An employee may
elect with the employer’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(c) Access to annual
leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of
any vacation period provided for elsewhere under this award.
3. Insert after
paragraph (vii)(e), of the said clause 18, the following new paragraphs:
(f) Subject to
the evidentiary and notice requirements in (b), 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 18 (i) (c) (ii) of 18.
Personal/Carer’s Leave.
(g) The employer
and employee shall agree on the period for which the employee will not be
entitled to be available to attend work.
In the absence of agreement, the employee is entitled to not be
available 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.
(g) 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.
4. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.