Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Conditions of Employment) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Road Transport Association Inc, Industrial Organisation of Employers.

 

(No. IRC 316 of 2006)

 

 

VARIATION

 

1.          Insert after paragraph (e) of subclause (C) Family and Community Service Leave of clause 9 Leave, of the award published 20 May 2005 (351 I.G. 1) and insert in lieu thereof the following paragraph:

 

(f)         Bereavement entitlements for casual employees

 

(i)         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 3 of Clause 9I  - Carers Leave.

 

(ii)        The RTA 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 of agreement, the employee is entitled to not be available to attend work 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

 

(iii)       If required by the RTA, the casual employee must establish the need to take leave, by production of evidence, such as a death certificate or statutory declaration providing details of the circumstances of death.

 

(iv)      The RTA shall not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the RTA to engage or not engage a casual employee is otherwise not affected.

 

2.          Delete subclause (2) Paid Maternity Leave, of subheading D. Maternity Leave of clause 9, and insert in lieu thereof the following:

 

(2)        Paid Maternity Leave

 

Permanent and limited duration staff who have completed at least 40 weeks continuous service prior to the expected date of birth are entitled to paid maternity leave at their ordinary rate of pay for:

 

fourteen weeks, or

 

the period of maternity leave taken,

 

whichever is the lesser period.

 

Leave may be taken at full pay, half pay or as a lump sum.

 

3.          Insert after subclause (3) of subheading D. of clause 9 the following new paragraph:

 

(4)        The RTA shall not fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because:

 

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

 

(b)       the employee is or has been immediately absent on maternity leave.

 

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

 

4.          Delete paragraph (a) of subclause (1) General of subheading E. Adoption Leave of clause 9, and insert in lieu thereof the following:

 

(a)        Staff are entitled to adoption leave (including casual staff who have worked on a regular and systematic basis with the RTA for at least 12 months), when they are to be the primary care giver of an adopted child.

 

5.          Delete subclause (2) Paid Adoption Leave of subclause E. Adoption Leave of clause 9, and insert in lieu thereof the following:

 

(2)        Paid Adoption Leave

 

Permanent and limited duration staff who have completed at least 40 weeks continuous service prior to the commencement of adoption are entitled to paid at their ordinary rate of pay for:

 

(a)        fourteen weeks, or

 

(b)       the period the adoption leave is taken,

 

Whichever is the lesser period

 

Leave may be taken at full pay, half pay, or as a lump sum

 

6.          Insert after subclause (3) Unpaid Adoption Leave, of subheading E. the following new paragraph:

 

(4)        The RTA shall not fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because the employee is or has been immediately absent on adoption leave. The rights of the RTA in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

7.          Delete paragraph (a)of subclause (1) General of subheading F. Parental Leave of clause 9 and insert in lieu thereof the following:

 

(a)        Staff who are not entitled to maternity or adoption leave (including casual staff who have worked on a regular and systematic basis with the RTA for at least 12 months), may be entitled to parental leave for a period of up to 12 months, to enable parents to share in the responsibility of caring for their young children.

 

8.          Delete subclause (2) Taking of Parental Leave of subheading F. Parental Leave and insert in lieu thereof the following:

 

(2)        Paid Parental Leave

 

(a)        Permanent and limited duration staff who have completed at least 40 weeks continuous service prior to the commencement of parental leave are entitled to be paid at their ordinary rate of pay for:

 

(i)         One week on full pay, or

(ii)        Two weeks on half pay

 

(b)       The period of leave does not extend the current entitlement of up to 12 months leave, but is part of it.

9.          Insert after subclause (3) Taking Of Parental Leave of subheading F. Parental Leave of clause 9, the following new subclause:

 

(4)        The RTA shall not fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because the employee is or has been immediately absent on parental leave. The rights of the RTA in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

10.        Insert after subheading F. Parental Leave of clause 9, the following new subheadings:

 

FA.  Communication During Maternity, Adoption and Parental Leave

 

(1)        Where an employee is on maternity, adoption or parental leave and a definite decision has been made to introduce significant change at the workplace, the RTA shall take reasonable steps to:

 

(a)        make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing maternity, adoption or parental leave; and

 

(b)        provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing maternity, adoption or parental leave.

 

(2)        The employee shall take reasonable steps to inform the RTA about any significant matter that will affect the employee's decision regarding the duration of maternity, adoption or parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(3)        The employee shall also notify the RTA of changes of address or other contact details which might affect the RTA’s capacity to comply with paragraph (1).

 

FB.  Rights of Request During Maternity, Adoption Or Parental Leave

 

(1)        An employee entitled to maternity, adoption or parental leave may request that the RTA allow the employee:

 

(a)        to extend the period of unpaid maternity , adoption or parental leave for a further continuous period of leave not exceeding 12 months;

 

(b)        to return from a period of maternity, adoption or parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(2)        The RTA shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the RTA’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(3)        The employee’s request and the RTA decision to be in writing.

 

The employee’s request and the RTA’s decision made under paragraph (1) must be recorded in writing.

 

(4)        Request to return to work part-time

 

Where an employee wishes to make a request under 1(b), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from maternity, adoption or parental leave.

 

11.        Insert after subclause (3) Categories of People for which Carer's Leave can be obtained of subheading I. Carer's Leave of clause 9 Leave, and insert in lieu thereof the following new paragraphs:

 

(4)        Other forms of leave and carer’s responsibilities

 

(i)         A staff member may elect, with the RTA’s agreement, to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

(5)        Personal Carers Entitlement for casual employees

 

(i)         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 (3) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(ii)        The RTA 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 of agreement, the employee is entitled to not be available to attend work 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.

 

(iii)       If required by the RTA, the employee must establish, by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

(iv)       The RTA shall not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the RTA to engage or not to engage a casual employee are otherwise not affected.

 

12.        The 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.