Insurance and Care NSW Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Insurance and Care NSW (icare).
(Case No. 260884 of 2023)
|
Before Commissioner Sloan
|
24 August 2023
|
VARIATION
1. Delete Section
6 - Leave of the arrangement, of the award published 20 January 2023 (393 I.G.
1184) insert in lieu thereof the following:
SECTION 6 - LEAVE
58. Leave -
General Provisions
59. Absence
from Work
60. Applying
for Leave
61. Extended
Leave
62. Family and
Community Service Leave
63. Leave
Without Pay
64. Military
Leave
65. Observance
of Essential Religious or Cultural Obligations
66. Parental
Leave
66A. Sector-wide
parental leave enhancements
67. Purchased
Leave
68. Recreation Leave
69. Annual
Leave Loading
70. Sick Leave
71. Sick Leave
- Requirements for Evidence of Illness
72. Sick Leave
to Care for a Family Member
73. Sick Leave
- Workers Compensation
74. Sick Leave
- Claims Other Than Workers Compensation
75. Special
Leave
76. Leave for
Matters Arising from Domestic Violence
76A. Leave for
employees providing support to people experiencing domestic and family violence
2. Delete
subclause 3.16 of clause 3, Definitions and insert in lieu thereof the
following:
3.16 Domestic violence
is any behaviour in an intimate, family or domestic
relationship, which is violent, threatening, coercive, controlling or causes a
person to live in fear for their own or someone else's safety. It may be a
pattern of ongoing controlling or coercive behaviour.
3.16.1 An intimate
relationship refers to people who are or have been in an intimate partnership, whether or not the relationship involves or has involved a
sexual relationship, for example, married, engaged to be married, separated,
divorced, de facto partners, couple promised to each other under cultural or
religious tradition, or who are dating.
3.16.2 A family
relationship has a broader definition and includes people who are related to
another through blood, marriage or de facto partnerships, adoption and
fostering relationships, sibling, and extended family relationships. It
includes the full range of kinship ties in Aboriginal and Torres Strait
Islander communities, and extended family relationships. People living in the
same house may also be in a domestic relationship if their relationships
exhibit dynamics which may foster coercive and abusive behaviours.
3.16.3 Examples of
behaviours that constitute domestic and family violence include but are not
limited to:
(a) Physical and
Sexual Violence;
(b) Verbal Abuse;
(c) Emotional Or
Psychological Abuse;
(d) Stalking and Intimidation;
(e) Technology
Facilitated Abuse;
(f) Social and Geographical
Isolation;
(g) Financial Abuse;
(h) Cruelty to Pets;
(i) Damage
to Property; Or
(j) threats to be
violent in the above ways.
3. Delete the
word "employee" where it appears in subclause 3.55 of clause 3,
Definitions.
4. Insert after
clause 66, Parental Leave, the following new clause
66A. Sector-Wide
Parental Leave Enhancements
66A.1 Additional
parental leave provisions were introduced from I July 2021 to provide gender
neutral parental leave, special leave for pre-term births and miscarriage
leave. Further enhancements introduced on 1 October 2022 provide for paid
parental leave for employees providing permanent out-of-home care, leave for
fertility treatment, and an additional two weeks' parental leave where each
parent in a couple has exhausted the paid parental leave provisions provided by
their employer.
66A.2 Employees are
entitled to these enhancements as set out in relevant Premier's Memoranda.
5. Delete
subclauses 76.1 to 76.6 of clause 76, Leave for Matters Arising from Domestic
Violence and insert in lieu thereof the following:
76.1 The definition of
domestic violence is found in clause 3.16 of this Award.
76.2 Employees,
including casual employees, are entitled to 20 days of paid domestic and family
violence leave in each calendar year. This leave is not cumulative.
76.3 Paid domestic and
family violence leave is not pro-rata for part-time or casual employees.
76.4 Employees can
take paid domestic and family violence leave in part-days, single days, or
consecutive days. There is not a minimum number of hours that an employee must
take in a day.
76.5 Employees
experiencing domestic and family violence may take domestic and family violence
leave including for the following purposes:
76.5.1 seeking safe
accommodation or establishing safety;
76.5.2 attending medical,
legal, police or counselling appointments relating to their experience of domestic
and family violence;
76.5.3 attending court
and other legal proceedings relating to their experience of domestic and family
violence;
76.5.4 organising
alternative care or education arrangements for their children or person(s) in
their care;
76.5.5 other activities
that will help them to establish safety and recover from their experience of
domestic and family violence; or
76.5.6 any other purpose
associated with the impact of experiencing domestic and family violence which
is impractical to do outside of their normal hours of work.
76.6 Domestic and
family violence leave does not need to be approved before it can be accessed.
However, employees should advise their employer of the need to take domestic
and family violence leave as soon as possible.
76.7 The leave
entitlement can be accessed without the need to exhaust other available leave
entitlements first.
76.8 The employer
should only require evidence of the occurrence of domestic and family violence
in exceptional circumstances and should use their discretion when assessing
whether evidence is needed, and if so, what type of evidence.
76.9 Evidence of the
occurrence of domestic and family violence may include:
76.9.1 a document issued
by the police, a court, a domestic violence support service or a member of the
legal profession;
76.9.2 a provisional,
interim or final Apprehended Violence Order (AVO), Apprehended Domestic Violence
Order (ADVO), certificate of conviction or family law injunction;
76.9.3 a medical certificate;
76.9.4 a statutory
declaration by the employee experiencing domestic and family violence; or
76.9.5 any other evidence
that would satisfy a reasonable person that domestic and family violence has
occurred.
76.10 Evidence provided
by an employee should be sighted and must be returned to the employee. The
evidence must not be retained by the employer or stored on the employee's
personnel file.
76.11 The intent of paid
domestic and family violence leave is to provide employees with the same
remuneration as they would have received, inclusive of penalties that would
have applied, if they did not take the leave.
76.11.1 Full-time
and part-time employees are entitled to be paid at their full rate of pay for
the hours they would have worked had they not taken the leave.
76.11.2 Casual
employees will be paid at their full rate of pay for the hours they were
rostered for and would have worked had they not taken the leave. For the
purposes of this clause, "Rostered" means the employer has offered
specific hours of work and the casual employee has accepted that offer.
76.12 Employers must
keep personal information about domestic and family violence (including information
about support provided by the Employer) confidential. This includes not
recording instances of or information about domestic and family violence leave
on:
76.12.1 payslips,
76.12.2 the
employee's personnel file, or
76.12.3 rosters.
76.13 Any information
regarding an employee's experience of domestic or family violence, including
any domestic and family violence leave or supports provided (under this clause
or otherwise), can only be accessed by senior HR personnel or, with the
employee's consent, a relevant senior manager.
76.14 Employers must not
take adverse action against an employee because they:
76.14.1 have
experienced, or are experiencing, domestic and family violence;
76.14.2 use the
paid domestic and family violence leave provisions; or
76.14.3 are a
casual employee who declines to take a shift they are not rostered for because
they are attending to a matter connected with domestic and family violence at
that time.
76.15 The employer will
provide support to an employee experiencing domestic and family violence,
including but not limited to the provision of flexible working arrangements,
including changing working times, work locations, telephone numbers and email
addresses.
6. Insert after
clause 76, Leave for Matters Arising from Domestic Violence, the following new
clause:
76A. Leave for
Employees Providing Support to people experiencing Domestic and Family Violence
76A.l Employees
providing care and support to a member of their family or household
experiencing domestic and family violence may, if the criteria is met, access existing leave entitlements including:
76A.l.1 Family
and Community Service Leave (Clause 62); or
76A.l.2 Sick
Leave to Care for a Family Member (Clause 72).
76A.2 The
"family" or "household" member that the employee is
providing care and support to must meet the definition of these terms, as
referred to at:
76A.2.l Clause
62. Family and Community Service Leave
76A.2.2 Clause
72. Sick Leave to Care for a Family Member
76A.3 If the employer needs
to establish the reasons for an employee accessing existing leave entitlements
under these provisions, the employee may be required to provide evidence
consistent with subclause 71, Sick Leave - Requirements for Evidence of Illness
of this award or any other form of evidence that is considered acceptable by
the employer such as a statutory declaration.
76A.4 Evidence provided
by an employee should be sighted and must be returned to the employee. The
evidence must not be retained by the employer or stored on the employee's
personnel file.
7. Delete Tables 1
and 2 of Part C, Monetary Rates and insert in lieu thereof the following:
Table 1
|
Grades
|
Common
Salary Points
|
Per
annum
$
From
ffpp on or after 1.7.2023
|
|
Grade 1
|
|
|
|
1st year of service
|
46
|
$70,694
|
|
Thereafter
|
49
|
$72,772
|
|
Grade 2
|
|
|
|
1st year of service
|
52
|
$74,803
|
|
Thereafter
|
55
|
$76,857
|
|
Grade 3
|
|
|
|
1st year of service
|
58
|
$79,032
|
|
Thereafter
|
61
|
$81,416
|
|
Grade 4
|
|
|
|
1st year of service
|
64
|
$83,957
|
|
Thereafter
|
67
|
$86,539
|
|
Grade 5
|
|
|
|
1st year of service
|
75
|
$93,295
|
|
Thereafter
|
78
|
$96,237
|
|
Grade 6
|
|
|
|
1st year of service
|
82
|
$100,011
|
|
Thereafter
|
85
|
$102,941
|
|
Grade 7
|
|
|
|
1st year of service
|
88
|
$106,025
|
|
Thereafter
|
91
|
$109,194
|
|
Grade 8
|
|
|
|
1st year of service
|
95
|
$113,746
|
|
Thereafter
|
98
|
$117,363
|
|
Grade 9
|
|
|
|
1st year of service
|
101
|
$120,859
|
|
Thereafter
|
104
|
$124,258
|
|
Grade 10
|
|
|
|
1st year of service
|
108
|
$129,331
|
|
Thereafter
|
111
|
$133,183
|
|
Grade 11
|
|
|
|
1st year of service
|
116
|
$139,787
|
|
Thereafter
|
120
|
$145,713
|
|
Grade 12
|
|
|
|
1st year of service
|
126
|
$154,840
|
|
Thereafter
|
130
|
$161,663
|
Table 2
|
Item
No.
|
Clause
No.
|
Description
|
Rate to apply from
1.7.2023
|
|
1
|
|
Meal
expenses on one day journeys
Capital
cities and high cost country centres
(see list in item 2)
|
|
|
|
29.1.1
|
Breakfast
|
$32.10
|
|
|
29.1.2
|
Dinner
|
$61.50
|
|
|
29.1.3
|
Lunch
|
$36.10
|
|
|
|
Tier
2 and other country centres (see list in item 2)
|
|
|
|
29.1.1
|
Breakfast
|
$28.75
|
|
|
29.1.2
|
Dinner
|
$56.60
|
|
|
29.1.3
|
Lunch
|
$32.80
|
|
2
|
|
Travelling
allowances
|
|
|
|
26.8.2
|
Capital
cities
|
Per day
|
|
|
|
Adelaide
|
$310.70
|
|
|
|
Brisbane
|
$333.70
|
|
|
|
Canberra
|
$330.70
|
|
|
|
Darwin
|
$372.70
|
|
|
|
Hobart
|
$328.70
|
|
|
|
Melbourne
|
$325.70
|
|
|
|
Perth
|
$332.70
|
|
|
|
Sydney
|
$350.7
|
|
|
26.8.2
|
Other
country centres
|
$282.15
|
|
|
26.8.2
|
Incidental
expenses when claiming actual expenses - all locations
|
$23
|
|
|
26.11
|
Daily
allowance payable after 35 days and up to 6 months in the same location - all
locations
|
50% of the
appropriate location rate
|
|
3
|
26.8.1
|
Incidental
expenses
|
$23
|
|
4
|
|
Use
of private motor vehicle
|
Cents per kilometre
|
|
|
34.3
|
Official
business
|
85
|
|
|
34.3
|
Casual
rate (40% of ott1cial business rate)
|
34
|
|
|
|
Motor cycle allowance (50% of official business rate)
|
42.50
|
|
|
34.7
|
Towing
trailer or horse float (13% of official business rate)
|
11.05
|
|
5
|
36
|
Insurance
cover
|
Up to $1,173
|
|
6
|
37.2
|
Exchanges
|
Actual cost
|
|
7
|
38.1
|
Room
at home used as office
|
$1,112 pa
|
|
8
|
39.1
|
Uniforms, protective clothing and laundry allowance.
|
$5.80 per week
|
|
9
|
86.1
|
Overtime
meal allowances
|
|
|
|
|
Breakfast
|
$35.65
|
|
|
|
Lunch
|
$35.65
|
|
|
|
Dinner
|
$35.65
|
|
|
|
Supper
|
$13.30
|
|
Item No.
|
Clause
No.
|
Description
|
From ffpp on or after 1.7.2023
|
|
10
|
42.1
|
Community
language allowance scheme
|
|
|
|
|
- Base
Level Rate
|
$1,580pa
|
|
|
|
-
Higher Level Rate
|
$2,376 pa
|
|
11
|
42.1
|
First
aid allowance
|
|
|
|
|
-
Holders of basic quahticat10ns
|
$1,018 pa
|
|
|
|
-
Holders of current occupational first aid certificate
|
$1,529 pa
|
|
12
|
84.1.1
|
On-call
(stand-by) and on-call allowance
|
$1.10 per hour
|
8. This variation
will take effect from the first full pay period on or after 1 July 2023.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.