Crown
Employees (NSW Police Special Constables (Security)) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Commissioner
of Police.
(No. IRC 355 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert after
subclause 18.3 of clause 18 Casual employees of the award published 15 April
2005 (350 I.G. 37), and insert in lieu thereof the following new subclauses:
18.4 Casual officers
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial
Relations Act 1996. The following
provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
The Commissioner must not fail to re-engage a regular
casual officer (see section 53(2) of the Act) because:
(a) the officer or
officer’s spouse is pregnant; or
(b) the officer is
or has been immediately absent on parental leave.
The rights of the Commissioner in relation to
engagement and re-engagement of casual officers are not affected, other than in
accordance with this clause.
18.5 Personal Carers
entitlement for casual officers
(a) Casual
officers are entitled to not be available to attend work, or to leave work if
they need to care for a family member 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 the evidentiary requirements set out
below in (d), and the notice requirements set out in (e).
(b) The
Commissioner and the casual officer shall agree on the period for which the
officer will be entitled to not be available to attend work. In the absence of
agreement, the officer is entitled to not be available to attend work for up to
48 hours (i.e. two days) per occasion. The casual officer is not entitled to
any payment for the period of non-attendance.
(c) The
Commissioner of Police must not fail to re-engage a casual officer because the
officer accessed the entitlements provided for in this clause. The rights of
the Commissioner to engage or not to engage a casual officer are otherwise not
affected.
(d) The casual
officer shall, if required,
(i) 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
(ii) establish by
production of documentation acceptable to the Commissioner or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the officer.
In normal circumstances, a casual officer must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
18.6 Bereavement
entitlements for casual officers
(a) Casual
officers 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.
(b) The
Commissioner and the casual officer shall agree on the period for which the
officer will be entitled to not be available to attend work. In the absence of
agreement, the officer is entitled to not be available to attend work for up to
48 hours (i.e. two days) per occasion. The casual officer is not entitled to
any payment for the period of non-attendance.
(c) The
Commissioner must not fail to re-engage a casual officer because the officer
accessed the entitlements provided for in this clause. The rights of the
Commissioner to engage or not engage a casual officer are otherwise not
affected.
2. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.