Crown
Employees (Roads and Traffic Authority of New South Wales - Traffic Signals
Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Roads and
Traffic Authority of New South Wales.
(No. IRC 312 of 2006)
|
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in the
Arrangement after subclause 6.7 Parental Leave, of clause 6 Leave, of the award
published 9 September 2005 (353 I.G. 803), the following new subclauses:
6.7A. Communication
during Maternity, Adoption and Parental Leave
6.7 B. Rights of
request during maternity, adoption and parental leave
2. Insert after
subclause clause 6.7 Parental Leave, the following new subclauses:
6.7A. Communication
during Maternity, Adoption and Parental Leave
(a) 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:
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
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.
(b) 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.
(c) 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 (a).
6.7B Rights of
request during maternity, adoption or parental leave
(a) An employee
entitled to maternity, adoption or parental leave may request that the RTA
allow the employee:
to extend the period of unpaid maternity , adoption or
parental leave for a further continuous period of leave not exceeding 12
months;
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.
(b) 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.
(c) The employee’s
request and the RTA decision to be in writing.
The employee’s request and the RTA’s decision made
under paragraph (a) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
paragraph (a), dot point 2, 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.
3. Insert after
paragraph (g) of subclause 6.12, Family and Community Service Leave, the
following new subparagraph (a):
(a) 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.
4. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.