Local Government (State) Award 2017

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Local Government and Shires Association of New South Wales, Industrial Organisation of Employers.

 

(Case No. 47339 of 2020)

 

 

VARIATION

 

1.         Insert after subclause L of clause 21, Leave Provisions, of the award published 17 April 2020 (387 I.G. 591), the following new subclause:

 

M.       FAMILY AND DOMESTIC VIOLENCE LEAVE

 

(i)        Definitions

 

(a)       In this clause:

 

"family and domestic violence" means violent, threatening or other abusive behaviour, by a family member of an employee or another person living in the same household as the employee, that seeks to coerce or control the employee and that causes them harm or to be fearful.

 

"family member" means:

 

(1)       a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or

 

(2)       a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or

 

(3)       a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

 

(b)       A reference to a spouse or de facto partner in the definition of family member in subclause (i)(a) of this clause includes a former spouse or de facto partner.

 

(ii)       Entitlement to paid leave

 

(a)       Subject to subclause (iii) of this clause, an employee, other than a casual employee, is entitled to up to 10 days’ paid leave to deal with the impact of family and domestic violence, as follows:

 

(1)       the leave is available in full at the start of each 12 month period of the employee’s employment; and

 

(2)       the leave does not accumulate from year to year.

 

(b)       Casuals, whilst not eligible for paid leave under this clause, may make themselves unavailable for work without consequence to deal with the impact of family and domestic violence.

 

(iii)     Taking paid leave

 

An employee may take paid leave to deal with family and domestic violence if the employee:

 

(a)       is experiencing family and domestic violence; and

 

(b)       requires flexibility to deal with the impact of the family and domestic violence.

 

Note:  The reason(s) for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services.

 

(iv)      Service and continuity

 

The time an employee is on paid leave to deal with family and domestic violence counts as service and does not break the employee’s continuity of service.

 

(v)       Notice and evidence requirements

 

(a)       Notice

 

An employee must give their employer notice of the taking of leave by the employee under this clause. The notice:

 

(1)       must be given to the employer as soon as practicable (which may be a time after the leave has started); and

 

(2)       must advise the employer of the period, or expected period, of the leave.

 

(b)       Evidence

 

An employee who has given their employer notice of the taking of leave under this clause must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in subclause (iii) of this clause.

 

Note:  Depending on the circumstances such evidence may include a document issued by police, a court or a family violence support service, or a statutory declaration.

 

3.         This Award shall take effect on and from 24 February 2020 and shall remain in force for a period identical to the Local Government (State) Award 2017.

 

 

 

J.V. MURPHY, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.