Electrical, Electronic and Communications Contracting Industry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Electrical Trades Union of Australia, New South Wales Branch, Industrial Organisation of Employees.

 

(No. IRC 533 of 2006)

 

 

VARIATION

 

1.          Insert after paragraph 8.2.4, of clause 8, Contract of Employment, of the award published 17 March 2006 (358 I.G. 1), the following new paragraphs:

 

8.2.5     Bereavement entitlements for casual employees

 

8.2.5.1              Subject to evidentiary and notice requirements in subclause 24.3.2 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 24.4.1.3.2 of clause 24.4 Personal/Carers Leave.

 

8.2.5.2              The employer 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.

 

8.2.5.3              An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

8.2.6     Personal Carers entitlement for casual employees

 

8.2.6.1              Subject to evidentiary and notice requirement in 24.4.1.2 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 24.4.1.3.2 who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

8.2.6.2              The employer and 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.

 

8.2.6.3              An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

2.          Delete clause 24, Other Leave, and insert in lieu thereof the following:

 

24.  Other Leave

 

24.1      Long Service Leave: For long service leave provisions see Long Service Leave Act 1955.

 

24.2      Building and Construction Industry Long Service Payments: For employees performing building and construction work as defined by the Building and Construction Industry Long Service Payments Act 1986, see the Building and Construction Industry Long Service Payments Act 1986.

 

24.3      Bereavement Leave

 

24.3.1   An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph 24.3.3 of this subclause.

 

24.3.2   The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

24.3.3   Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subclause 24.4.1.3.2 provided that, for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

24.3.4   An employee shall not be entitled to bereavement leave under this Clause during any other period in respect of which the employee has been granted other leave.

 

24.3.5   Bereavement leave may be taken in conjunction with other leave available under subclauses 24.4.2, 24.4.3, 24.4.4, 24.4.5 and 24.4.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

24.4      Personal/Carer's Leave

 

24.4.1   Use Of Sick Leave

 

24.4.1.1            An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 24.4.1.3.2, who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 22, Sick Leave, for absences to provide care and support for such persons when they are ill or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

24.4.1.2            The employee shall, if required, 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 establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

24.4.1.3            The entitlement to use sick leave in accordance with this subclause is subject to:

 

24.4.1.3.1         The employee being responsible for the care of the person concerned; and

 

24.4.1.3.2         The person concerned being:

 

24.4.1.3.2.1      A spouse of the employee; or

 

24.4.1.3.2.2      A de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

24.4.1.3.2.3      A child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

24.4.1.3.2.4      A same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

24.4.1.3.2.5      A relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

24.4.1.3.2.5.1   "relative" means a person related by blood, marriage or affinity;

 

24.4.1.3.2.5.2   "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

24.4.1.3.2.5.3   "household" means a family group living in the same domestic dwelling.

 

24.4.1.3.2.6      An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take into account of the employer’s and employee’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at Clause 31 should be followed.

 

24.4.2   Unpaid Leave For Family Purpose

 

24.4.2.1            An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to member of a class of person set out in subclause 24.4.1.3.2 above who is ill or who requires care due to an unexpected emergency.

 

24.4.3   Annual Leave

 

24.4.3.1            An employee may elect with the consent of the employer, to take annual leave not exceeding 10 days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

24.4.3.2            Access to annual leave, as prescribed in subclause 24.4.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

24.4.3.3            An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

24.4.3.4            An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

24.4.4   Time Off In Lieu Of Payment Of Overtime

 

24.4.4.1            An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

24.4.4.2            Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

24.4.4.3            If having elected to take time as leave in accordance with paragraph 24.4.4.1 of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

24.4.4.4            Where no election is made in accordance with said paragraph 24.4.4.1, the employee shall be paid overtime rates in accordance with the award.

 

24.4.5   Make-Up Time

 

24.4.5.1            An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

24.4.5.2            An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

24.4.6   Rostered Days Off

 

24.4.6.1            An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

24.4.6.2            An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

24.4.6.3            An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

24.4.6.4            This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

24.5      Parental Leave

 

24.5.1   Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

24.5.2   An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

24.5.2.1            The employee or employee’s spouse is pregnant;

 

or

 

24.5.2.2            The employee is or has been immediately absent on parental leave.

 

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

 

24.5.3   Right to request

 

24.5.3.1            An employee entitled to parental leave may request the employer to allow the employee:

 

24.5.3.1.1         To extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

24.5.3.1.2         To extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months; to assist the employee in reconciling work and parental responsibilities.

 

24.5.3.1.3         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.

 

24.5.3.1.4         Employee’s request and the employer’s decision to be in writing

 

The employee’s request and the employer’s decision made under 24.5.3.1.2 must be recorded in writing.

 

24.5.3.2            Communication during parental leave

 

24.5.3.2.1         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:

 

24.5.3.2.1.1      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;

 

24.5.3.2.1.2      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.

 

24.5.3.2.2         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 employer intends to return to work on a part-time basis.

 

24.5.3.2.3         The employer shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph 24.5.3.2.1.

 

3.          This variation shall take effect from the 19 December 2005.

 

 

 

F. L. WRIGHT  J, President.

C. G. Staff  J.

P. J. SAMS  D.P.

D. W. RITCHIE, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.