Crown
Employees (Skilled Trades) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 345 of 2006)
|
Before The Honourable
Justice Wright, President
|
3 February 2006
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VARIATION
1. Insert after
subclause 31.2 of clause 31, General Leave Conditions and Accident Pay of the
award published 13 August 2004 (345 I.G. 779) the following new subclause:
31.3 In addition to
the leave entitlements provided in 31.1 and 31.2, the following provisions
shall also apply.
(a) Right to
request
(i) An employee
entitled to parental leave may request the employer to allow the employee:
(A) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(B) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(C) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(ii) The employer
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 employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(iii) Employee’s
request and the employer’s decision to be in writing.
The employee’s request and the employer’s decision made
under paragraph 31.3 (b)(i) (B) and 31.3 (b)(i) (C) above, must be recorded in
writing.
(iv) Request to
return to work part-time
Where an employee wishes to make a request under 31.1
(b)(i) (C) above, 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 parental leave.
(b) Communication
during parental leave
(i) Where an employee
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer 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 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 parental leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of 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.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph 31.3 (i).
2. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.