Crown Employees (NSW Police (Nurses')) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Commissioner of Police.

 

(No. IRC 357 of 2006)

 

 

VARIATION

 

1.          Insert after subclause 12.6 of clause 12 Casual employment of the award published 3 March 2006 (357 I.G. 698) and insert in lieu thereof the following new subclauses:

 

12.7      Casual officers are entitled to unpaid parental leave under Chapter 2, Part 4,Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

The Commissioner must not fail to re-engage a regular casual officer (see section 53(2) of the Act) because:

 

(a)        the officer or officer's spouse is pregnant; or

 

(b)        the officer is or has been immediately absent on parental leave.

 

The rights of the Commissioner in relation to engagement and re-engagement of casual officers are not affected, other than in accordance with this clause.

 

12.8      Personal Carers entitlement for casual officers

 

(a)        Casual officers are entitled to not be available to attend work, or to leave work if they need to care for a family member 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).

 

(b)        The Commissioner and the casual officer shall agree on the period for which the officer will be entitled to not be available to attend work. In the absence of agreement, the officer is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual officer is not entitled to any payment for the period of non-attendance.

 

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

 

(d)        The casual officer 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 Commissioner or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the officer.

 

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

12.9      Bereavement entitlements for casual officer

 

(a)        Casual officers 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.

 

(b)        The Commissioner and the casual officer shall agree on the period for which the officer will be entitled to not be available to attend work. In the absence of agreement, the officer is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual officer is not entitled to any payment for the period of non-attendance.

 

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

 

2.          This variation shall take effect from 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

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Printed by the authority of the Industrial Registrar.