Australian
Music Examinations Board (New South Wales) Examiners, Assessors and Advisers
Employed by the Office of the Board of Studies Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Office of
Board of Studies.
(No. IRC 303 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
clause 1, Arrangement of the award published 20 May 2005 (351 I.G. 160) the following
new clause 9 Family Provisions, and renumber existing clauses accordingly:
9. Family
Leave Provisions
2. Insert after
clause 8, Travel and Living Allowance, the following new clause:
9. Family Leave
Provisions
9.1 The General
Manager must not fail to re-engage an Employee because:
9.1.1 The Employee or
Employee's spouse is pregnant; or
9.1.2 The Employee is
or has been immediately absent on parental leave
The rights of an employer in relation to engagement and
re-engagement of Employees are not affected, other than in accordance with this
clause.
9.2 Personal
Carers entitlement for Employees
9.2.1 Employees are
entitled to not be available to attend work, or to leave work if they need to
care for a family member being:
a spouse or family member; or
a de facto spouse being a member of the opposite sex to
the Employee who lives with the Employee as her husband or as his wife on a
bona fide domestic basis although not
legally married to that Employee; or
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 and legal guardian), a grandparent,
grandchild or sibling of the Employee or of the spouse
or of de facto spouse of the Employee; or
a same sex partner who lives with the Employee as the
de facto partner of that Employee on a bona fide domestic basis; or a relative
of the Employee 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
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 evidentiary
requirements set out below in (9.3), and the notice requirements set out in
(9.4).
9.2.2 The General
Manager and the Employee shall agree on the period which the Employee will be
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The Employee is not
entitled to any payment for the period of non-attendance.
9.2.3 The General
Manager must not fail to re-engage an Employee because the Employee accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not to engage an Employee are otherwise not affected.
9.3 The Employee,
shall if required,
9.3.1 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
9.3.2 Establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such an emergency resulted in
the person concerned requiring care by the Employee.
In normal circumstances, an Employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
9.4 The Employee
must, as soon as reasonably practical and during the ordinary hours of the
first day or shift of such absence, inform the employer of their inability to
attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the
Employee will inform the employer within 24 hours of the absence (drawn from
AIRC order (PR964989)).
9.5 Bereavement
entitlements for Employees
9.5.1 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 employer).
9.5.2 The General
Manager and the Employee shall agree on the period for which the Employee will
be entitled to not be available to attend work. In the absence agreement, the
Employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The Employee is not entitled to any payment for
the period of non-attendance.
9.5.3 The General
Manager must not fail to re-engage the Employee because the Employee accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not engage an Employee are otherwise not affected.
9.5.4 The Employee
must, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the employer of their inability to
attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the
Employee will inform the employer within 24 hours of the absence (Drawn from
AIRC order [PR964989])."
3. This variation
shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.