Crown
Employees (Independent Transport Safety and Reliability Regulator) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, Industrial Organisation of Employees.
(No. IRC 220 of 2011)
Before The Honourable
Mr Justice Staff
|
17 March 2011
|
VARIATION
1. Insert in
numerical order in clause 1, Arrangement of the award, published 28 August 2009
(368 I.G. 1411), the following new clause number and subject matter:
17A. Leave for
Matters Arising from Domestic Violence
2. Insert after
subclause (v) of clause 2, Definitions, the following new subclause:
(vi) "Domestic
Violence" means domestic violence as defined in the Crimes (Domestic
and Personal Violence) Act 2007.
3. Insert after
the first paragraph of clause 17, Special Leave, the following new paragraph
Matters arising from domestic violence situations
When the leave entitlements referred to in clause 17A,
Leave for Matters Arising From Domestic Violence have been exhausted, the Chief
Executive shall grant up to five days per calendar year to be used for absences
from the workplace to attend to matters arising from domestic violence
situations.
4. Insert after
clause 17, Special Leave, the following new clause:
17A. Leave for
Matters Arising from Domestic Violence
(i) The definition
of domestic violence is found in subclause (v) of clause 2 Definitions, of this
award;
(ii) Leave
entitlements provided for in clause 12, Family and Community Service Leave,
clause 11 Sick leave may be used by staff members experiencing domestic
violence;
(iii) Where the
leave entitlements referred to in subclause 17A(ii) are exhausted, the Chief
Executive shall grant Special Leave as per the second paragraph of clause 17.
(iv) The Chief
Executive will need to be satisfied, on reasonable grounds, that domestic
violence has occurred and may require proof presented in the form of an agreed
document issued by the Police Force, a Court, a Doctor, a Domestic Violence
Support Service or Lawyer;
(v) Personal
information concerning domestic violence will be kept confidential by the
agency;
(vi) The Chief
Executive where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
5. This
variation shall take effect on and from 15 February 2011.
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.