Farm Assistants (Department of Education) Wages and
Conditions Award 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 344394 of 2024)
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Before The Honourable Justice Chin, Vice President
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19 September 2025
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AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Hours of
Work
4. Overtime
5. Wage Sacrifice
for Superannuation and Wage/Salary Packaging Arrangements
6. Wages and
Allowances
7. Payment of
Wages
8. Deduction
of Union Membership Fees
9. Public
Holidays and Picnic Day
10. Leave
11. Tea Breaks
12. Accommodation
13. Settlement
of Disputes
14. Terms of
engagement
15. Fares
16. Anti-Discrimination
17. No Extra
Claims
18. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Allowances
2. Definitions
2.1 "Act"
means the Government Sector Employment
Act 2013.
2.2 "Casual
Employee" means a person engaged on an hourly basis to carry out:
(i) work that is
irregular or intermittent, or
(ii) work on a
short-term basis in an area of the Department with a flexible workload, or
(iii) the work of a
position for a short period pending completion of the selection process for the
position, or
(iv) urgent work to
deal with an emergency.
Consistent with the casual employment provisions of the
Government Sector Employment Act
2013and any rules or guidelines issued pursuant to that Act, no single period
of casual employment is to exceed three months, and the parties further agree
that ideally no single period of engagement as a casual employee should exceed
one month and in most instances any period of casual engagement should be less
than two weeks in duration.
2.3 "Department"
means the NSW Department of Education.
2.4 "Employee"
means and includes all persons employed on an ongoing, temporary or casual
basis under the provisions of the Government
Sector Employment Act 2013, who, on 20 October 1982 were occupying a
position covered by this award and included in the schedule attached hereto, or
who after that date, are employed under the terms of this award but does not
include any person who resigned or whose services were terminated (not
including retirement) prior to the making of this award.
2.5 "Farm
Assistant" means any employee, including a casual, engaged as a Farm
Assistant Class I or Farm Assistant Class II.
2.6 "Flower
Gardener" means any employee engaged as such.
2.7 "Horsepower"
means the brake horsepower as stated by the manufacturer.
2.8 "Part Time
Employee" means a person engaged on an ongoing basis for part hours or
part years where the employee’s contract hours are less than full time hours.
2.9 "Regulation"
means the Government Sector Employment Regulation 2014.
2.10 "Temporary
Employee" means a person engaged on a temporary basis, either full time or
part time, for a fixed period greater than one month, consistent with the
temporary employment provisions of the Government
Sector Employment Act 2013 and any guidelines issued pursuant to that Act.
3. Hours of Work
3.1 Day Work - The
ordinary working hours for a fulltime employee will be thirty‑eight per
week and will be worked in accord with the following provisions for a four-week
work cycle:
3.1.1 Except in the
case of employees engaged in attending livestock, the ordinary working hours
will be worked as a twenty day four-week cycle Monday to Friday, inclusive,
with nineteen working days of eight hours each between the hours of 7.00 a.m.
and 5.30 p.m., with 0.4 of one hour on each day worked accruing as an
entitlement to take one rostered day off in each work cycle as a day off paid
for as though worked.
3.1.2 The ordinary
working hours of employees engaged in attending livestock will be worked as a
twenty day, four-week cycle of five days per week during the period Monday to
Saturday, inclusive, within nineteen working days of eight hours each between
the hours of 6.00 a.m. and 5.30 p.m., with 0.4 of one hour on each day worked
accruing as an entitlement to take one rostered day off in each work cycle as a
day off paid for as though worked.
3.1.3 The rostered day
off will be a Monday or Friday within the working cycle provided that by
agreement of the employer and the employee, the rostered day off may be accrued
as an entitlement for a day off to be taken in a subsequent work cycle.
Provided further that no employee will be entitled to accrue more than six
rostered days off under the terms of this subsection. All rostered days off will be taken by the
employee as leisure days off, and except as provided for in this subsection, no
work will be performed by an employee on her/his rostered day off; or rostered
days off.
3.1.4 A roster of days
off (provided for under this subsection) for each employee will be notified to
employees prior to the commencement of each working cycle. Employees will be provided with seven (7)
working days' notice of a change in roster, provided that, in the case of an
emergency situation, forty-eight (48) hours' notice of a change in roster may
be given by the employer.
3.1.5 Where such
rostered day off prescribed by this subclause falls on a public holiday as
prescribed in clause 9, Public Holidays, the next working day will be taken in
lieu of the rostered day off unless an alternative day in that four-week cycle
(or the next four-week cycle) is agreed in writing between the employer and the
employee.
3.1.6 Each day of paid
leave taken on any public holidays occurring during any cycle of four weeks
will be regarded as a day worked for accrual purposes.
3.1.7 An employee who
has not worked or is not regarded by reason of subclause (3.1.6) as having
worked a complete four-week cycle, will receive pro rata accrued entitlements
for each day worked (or each fraction of a day worked) or regarded as having
been worked in such cycle, payable for the rostered day off or, in the case of
termination of employment, on termination.
3.1.8 A majority of the
employees concerned and their employers may mutually agree upon a change in
starting and ceasing times so that the spread of hours in the award may be
between 6.00 a.m. and 6.00 p.m.
3.1.9 Employees will
commence and cease work at the headquarters or the barn.
3.1.10 Employees will be
entitled to an unpaid meal break each day of not less than thirty minutes
duration and not more than one hour in duration provided that the said meal
break will be taken between 11.30 a.m. and 1.30 p.m.
3.2 Subject to subclause
3.3 the school principal or their delegate may require an employee to work
reasonable overtime at overtime rates.
3.3 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
3.4 For the purposes
of subclause 3.3 what is unreasonable or otherwise will be determined having
regard to:
3.4.1 any risk to
employee health and safety;
3.4.2 the employee's
personal circumstances including any family and carer responsibilities;
3.4.3 the needs of the
workplace or enterprise;
3.4.4 the notice (if
any) given by the school principal or their delegate of the overtime and by the
employee of his or her intention to refuse it; and
3.4.5 any other
relevant matter.
4. Overtime
4.1 Except as
hereinafter provided overtime at the rate of time and a half for the first two
(2) hours and double time thereafter will be paid for all time worked: -
4.1.1 in excess of the
daily number of rostered hours on any one day; or
4.1.2 outside the
limits of subclause 3.1.1 in the case of employees other than those engaged on
nursery work during the months of October to March inclusive; or
4.1.3 outside the
limits of subclause 3.1.2 in the case of employees other than those engaged on
nursery work during the months of October to March inclusive.
4.2 All work
performed on Sundays and Public Holidays will be paid for at the rate of double
time and double time and a half respectively. An employee required to work on a
Sunday or Public Holiday will receive a minimum payment of 4 hours pay at the
rate of double time or double time and a half respectively.
4.3 All ordinary time
worked on Saturdays will be paid for at the rate of time and a half.
4.4 An employee
recalled to work overtime after 5.30 p.m. on any day other than a Sunday or
Public Holiday will receive a minimum payment of four hours pay at the
appropriate overtime rate. On each recall the employee may be required to work
4 hours.
4.5 An employee who
works so much overtime-
4.5.1 between the
termination of their ordinary work day and the commencement of ordinary work in the next day that they have
not had at least ten consecutive hours off duty between these times;
4.5.2 or on Saturdays,
Sundays and Holidays, not being ordinary working days without having had ten
consecutive hours off duty in the twenty-four hours preceding the ordinary
commencing time on their next ordinary day will, subject to this sub-clause be
released after completion of such overtime until they have had ten hours off
duty without loss of pay for ordinary working time occurring during such
absences.
Provided that, if on the instructions of the employer,
such an employee resumes or continues, to work without having had such ten
consecutive hours off duty they will be paid at double rates until they are
released from duty for such period and
will then be entitled to be absent until they have had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
4.6 An employee who
is required to work overtime for two hours or more after the normal ceasing
time will be allowed, at the expiration of the said two hours, 30 minutes for a
meal or crib and thereafter a similar time allowance after every four hours of
overtime worked. Time for meals or crib through overtime periods will be
allowed without loss of pay, provided that overtime work continues after such
break.
4.7 Where overtime
is worked on a Saturday, if work continues after 12 noon, a break for a meal of
30 minutes will be allowed between 12 noon and 1 p.m. which meal break will be
taken without loss of pay.
5. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
An employee may elect, subject to the agreement of the
Department to enter into a Salary Packaging Arrangement in accordance with the
provisions of clause 6, Salary Packaging Arrangements, including Salary
Sacrifice to Superannuation of the Crown Employees Wages Staff (Rates of Pay)
Award 2024 or any variation to or successor instruments will apply
6. Wages and
Allowances
6.1 The rates of
wages and allowances to be paid to employees appointed to the positions
specified are set out in Table 1 Wages and Table 2 - Allowances of Part B,
Monetary Rates.
6.2 The wage rates
as set out in Table 1 - Wages, and Table 2 - Allowances of Part B, Monetary
Rates, will be adjusted in line with the Crown Employees Wages Staff (Rates of
Pay) Award 2024 or any variations to or successor instruments.
6.3 Promotion from
Farm Assistant, Class I to Farm Assistant Class II will be subject to
completion of 12 month’s satisfactory service and the recommendation of the
Department Head, that the skill and versatility of the employee in all respects
of the work of a Farm Assistant, including proficiency in the operation of farm
equipment and vehicles warrants such promotion.
For the purposes of this sub-clause, service will mean service in an
established position and will include prior service as a junior.
6.4 Casual employees
will be paid at the rate of one thirty eighth of the weekly rates prescribed in
respect of the classification for which the employee is casually employed.
6.5 Casual employees
will be paid in addition to the prescribed rate for the classification
concerned 15 per cent loading.
6.6 Special rates
A Farm Assistant, Class I or II, employed on any of the
following operations
6.6.1 operating and
servicing a tractor provided that for the purpose of this provision a tractor
will be deemed to include a wheel tractor and a crawler tractor and provided
that such tractors will be not less than 10 horsepower;
6.6.2 driving on farm
or college property a truck which, if driven on the highway, would require
possession of at least a Class 3 driver’s licence:
6.6.3 operating
headers, harvesters, including maize harvesters, and mechanical pick-up hay
balers; will be paid an additional allowance as prescribed in Table 2 -
Allowances of Part B, Monetary Rates per day while actually so employed,
provided that no allowance will be paid for periods of such employment of less
than one hour per day nor will an employee receive more than one such allowance
in respect of any one day.
6.6.4 an employee
required to drive a truck on the highway will be paid the rates prescribed by
the Crown Employees (Transport Drivers, etc.) Award provided that, where such
employment is for less than half a day, payment will be as for a half a day and
where such employment is for a half day or more payment will be as for a full
day and provided however that no additional payment will be made in respect of
periods of one hour or less.
6.7 Broken shift
allowance
Employees who are required to work a broken shift will
be the allowance prescribed in Table 2 -Allowances of Part B, Monetary Rates,
per day extra as a broken shift allowance.
6.8 Mixed functions
An employee engaged for more than two hours during one
day on duties carrying a higher rate than of their ordinary classification will
be paid the higher rate for such day. If engaged for two hours or less during
one day an employee will be paid the higher rate for the time so worked.
6.9 Protective
clothing
Employees required to work in the rain or in mud,
slurry, water or wet places will be paid an allowance prescribed in Table 2 -
Allowances of Part B, Monetary Rates.
This allowance will not be payable to an employee who
is provided by the employer with adequate protective clothing.
6.10 First Aid
A standard first aid outfit will be provided and maintained
by the employer.
An employee appointed by the employer to perform first
aid duty will be paid in the first aid allowance prescribed in Table 2 -
Allowances of Part B, Monetary Rates in addition to their ordinary rates of
pay.
6.11 Meal Allowance
An employee required to work more than one and one half
hours after the ordinary ceasing time will be provided with a meal or will be
paid the amount prescribed in Table 2 - Allowances of Part B, Monetary Rates,
for such a meal and after the completion of each four hours of continuous
overtime will be paid the amount prescribed in Table 2 - Allowances of Part B,
Monetary Rates, for each subsequent meal in addition to their overtime payment.
6.12 Distant places
The provisions of the Act and the Regulations apply.
7. Payment of Wages
7.1 Wages will be
paid fortnightly into a bank or other account, provided that where employees
work in isolated areas or where employees experience hardship or other
exceptional circumstances then payment will be made to the employee fortnightly
by cheque.
7.2 One day of each
pay period will be recognised as pay day for each job: it will be the same day
in each pay period.
8. Deduction of Union
Membership Fees
8.1 The union will
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
8.2 The union will
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable will be provided to the employer at least one month in
advance of the variation taking effect.
8.3 Subject to (8.1)
and (8.2) above, the employer will deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
8.4 Monies so deducted
from employees' pay will be forwarded regularly to the union together with all
necessary information to enable the union to reconcile and credit subscriptions
to employees' union membership accounts.
8.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees will be deducted on a fortnightly basis.
8.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause will be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
9. Public Holidays
9.1 The following
days will be observed as Public Holidays: -
New Year’s Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, King’s Birthday, Labour Day, Christmas Day,
Boxing Day and any other proclaimed or gazetted holiday for the state of New
South Wales.
9.2 Where local Show
Day is a proclaimed local holiday it will be observed as a Public Holiday for
employees covered by this award. In the event that an employee cannot be spared
without inconvenience to the Department, an alternative day with pay will be given
within twenty working days of the proclaimed local holiday; provided that no
employee will be entitled to payment at overtime rates for work on such
proclaimed local holiday and provided further that an employee will not be
entitled to the benefit of more than one holiday upon such occasion.
9.3 Where an
employee is absent from his or her employment on the working day before or the
working day after a public holiday without reasonable excuse or without the
consent of the employer the employee will not be entitled to payment of such
holiday.
9.4 Public Service
Holiday
9.4.1 Unless directed
to attend for duty by the Department Head a staff member is entitled to be
absent from duty on a day between Boxing Day and New Year’s Day determined by
the Department Head as a public service holiday.
9.4.2 Any employee
required to work on such day will be paid at the rate of double time and a half
for not less than four hours’ work. Provided that an employee who is required
to work on the nominated public service holiday and who fails to comply with
such requirement will not be entitled to payment for the day. An employee who
is absent on the public service holiday on approved leave is not entitled to
the public holiday overtime rate of pay.
10. Leave
10.1 General leave
conditions of employees under this Award will be regulated in accordance with
the provisions contained within the Act and Regulation.
10.2 In addition to
provisions for sick leave existing under the terms of regulations made pursuant
to the Act, and applicable to the employees covered under the terms of this
award, the following provisions for sick leave will apply:
Where an employee is ill or incapacitated (within the
meaning of regulations relating to sick leave under the Act) on her/his rostered
day off they will not be entitled to payment for sick leave on that day nor
will her/his sick leave entitlements be reduced as a result of such illness or
incapacity.
10.3 In addition to
provisions for annual (recreation) leave, long service (extended) leave,
accident pay and short leave existing under the terms of regulations made
pursuant to the Act, employees covered under the terms of this award will have
the following provisions apply -
10.3.1 All paid leave
taken in service with the exception of long service (extended) leave and
accident pay will be paid as follows:
An employee who is absent from work on paid leave will
accrue an entitlement of 0.4 of one hour for each such day as if they had
worked on that day. The time accrued
will be paid on the scheduled day off.
10.3.2 Annual
(recreation) leave on termination of service and long service (extended) leave
and accident pay taken in service or paid on termination will be paid as
follows:
10.3.2.1 All
accrued time against a paid day off will be paid to the employee prior to
proceeding, on leave or at the time of termination of the employee's service;
10.3.2.2 All
leave accrued or time due will be paid to the employee on the basis of one week
of accrued leave etc., being equal to 38 hours or one day being equal to 7.6
hours.
Provided that where a full year's annual (recreation)
leave of 20 days or more is accrued when the employee will be paid a further
7.6 hours for the first 20 days and on the same basis for the remainder of
accrued leave.
10.3.3 Where the employee
is absent on long service (extended) leave and accident pay during the 20-day
cycle and returns to work prior to or on the rostered day off the time involved
during the current cycle will be regarded as accruing 0.4 of one hour for each
day of paid absence.
10.4 Personal/Carer’s
leave
Use of Sick Leave
10.4.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in section (ii) of subparagraph 10.4.3.2 will be entitled to use, in
accordance with this subparagraph, any sick leave for absences to provide care and
support for such persons when they are ill. Such leave may be taken for part of
a single day.
10.4.2 The employee will,
if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned.
10.4.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
10.4.3.1 the employee
being responsible for the care of the person concerned; and
10.4.3.2 the
person concerned being:
(i) a spouse of the
employee; or
(ii) a de facto
spouse, who, in relation to the employee, is a person of the opposite sex to
the employee who lives with the employee as the husband or wife of the employee
on a bona fide domestic basis although not legally married to that person; or
(iii) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse because of marriage has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
10.4.4 An employee will,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person’s 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 will notify the employer by
telephone of such absence at the first opportunity on the day of the absence.
10.4.5 Subject to the
evidentiary and notice requirements in 10.4.2 and 10.4.4, 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 paragraph 10.4.3 of subclause 10.4,
Personal/Carer’s Leave, who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child.
10.4.6 The employer and
employee will agree on the period for which the employee will not be entitled
to be available to attend work. In the absence of agreement, the employee is
entitled to not be available 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.
10.4.7 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.
Use of Annual (Recreation) Leave
10.4.8 An employee may elect
with the employer’s agreement to take annual leave not exceeding ten days in
single day periods, or part thereof, in any calendar year at a time or times
agreed by the parties to care for a person prescribed in paragraph 10.4.3 of
subclause 10.4, Personal/Carer’s Leave, who is sick and requires care and
support, or who requires care due to an unexpected emergency, or the birth of a
child.
10.4.9 An employee may
elect with the employer’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
10.5 Bereavement Leave
10.5.1 An employee other
than a casual employee will be entitled to up to two days Bereavement Leave
without deduction of pay on each occasion of the death of a member of a class
of person set out in section (ii) of subparagraph 10.4.3.2 of this clause.
10.5.2 The employee must
notify the employer as soon as practicable of the intention to take Bereavement
Leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
10.5.3 Bereavement Leave
will be available to the employee in respect of the death of a person in
relation to whom the employee could have utilised Carer’s Leave as prescribed
by this clause. The employee need not
have been responsible for the care of the person concerned to be eligible for
Bereavement Leave as prescribed in this subclause.
10.5.4 An employee will
not be entitled to Bereavement Leave under this clause during any period in
respect of which the employee has been granted other leave.
10.5.5 Bereavement leave
may be taken in conjunction with any other leave available to employees. Where
such other available leave is to be taken in conjunction with Bereavement
Leave, consideration will be given to the circumstances of the employee and the
reasonable operational requirements of the employer.
10.5.6 Subject to the
evidentiary and notice requirements in 10.5.2, 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 paragraph 10.4.3 of subclause 10.4, Personal/Carer’s
Leave.
10.5.7 The employer and
employee will agree on the period for which the employee will not be entitled
to be available to attend work. In the absence of agreement, the employee is
entitled to not be available 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.
10.5.8 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.
10.6 Parental Leave
The following table summarises the entitlements in this
section. This table must be read with the relevant clauses. If there are
inconsistencies, the provisions in the relevant clause will prevail.
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Summary of
parental leave provisions
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Leave
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Paid leave
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Unpaid leave
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Total leave
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Parental Leave
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14 weeks for a parent
with caring responsibility associated with the birth, adoption, altruistic
surrogacy or ongoing placement arrangement of a child
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38 weeks
|
52 weeks
|
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Bonus Paid Parental
Leave
|
2 weeks for single
parents or when both parents have taken any Paid Parental Leave offered by
their employers
|
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2 weeks
|
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Special Pre-Term Birth
Leave
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From birth to the end of
36 weeks’ gestation for the parent with the caring responsibility of a child
born before 37 weeks, then revert to full-term parental leave provisions
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From birth to the end of
36 weeks
|
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Leave for a Stillbirth
(the birth of a baby without signs of life, at 20 or more completed weeks or
where a child dies shortly after birth)
|
14 weeks for the
employee who gave birth
2 weeks for an employee
whose partner gave birth
|
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14 weeks for the
employee who gave birth 2 weeks for an employee whose partner gave birth
|
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Requests to extend leave
or return part time
|
|
52 weeks
|
52 weeks
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10.6.1 Definitions
For the purpose of this clause:
(a) “Altruistic
Surrogacy” means a surrogacy arrangement as defined in the Surrogacy Act
2010 (NSW) and must not be a commercial surrogacy arrangement.
(b) “De facto
partner” means a person who is the employee’s partner and lives with them on a
genuine domestic basis but is not legally married to the employee.
(c) “Caring
responsibility” means a person who meets the child’s physical needs, including
feeding, dressing, bathing and otherwise supervising the child.
(d) “Child” means:
(i) For
birth-related leave, a child (or children from a multiple birth) of the
employee, employee’s partner or employee’s legal surrogate.
(ii) For
adoption-related leave, a child (or children) who the employee or the
employee’s partner will adopt and is not the employee or employee’s partner’s
child. The child (or children) is or will be under 18 years of age.
(iii) For ongoing
placement arrangement-related leave, a child (or children) under 18 years,
placed in the permanent care of the employee or the employee’s partner.
(e) “Confirmation of
placement letter” means a letter from the Department of Communities and Justice
(DCJ) or their accredited designated agency that:
(i) confirms the
employee is an authorised foster carer or relative/kinship carer who is or will
be providing continuous care on an ongoing basis for a child or young person
who is subject to a legal order allocating parental responsibility to the
Minister; or
(ii) confirms the
employee is an authorised relative/kinship carer, authorised foster carer or
other suitable person who is or will be providing continuous care on an ongoing
basis for a child or young person for whom they hold parental responsibility
under a legal order, including a guardianship order; and
(iii) confirms the
start date of the placement.
(f) “Fertility
treatment” means any of the following assisted reproductive technology
treatments as defined in the Assisted Reproductive Technology Act 2007
(NSW) including but not limited to:
(i) intrauterine
insemination (IUI)
(ii) in-vitro
fertilisation (IVF)
(iii) intracytoplasmic
sperm injection (ICSI)
(iv) Ovulation
induction (OI).
(g) “Full-term
birth” means the birth of a live child from 37 weeks.
(h) “Legal order”
means an order made by the Children’s Court of NSW under the Children and
Young Persons (Care and Protection) Act 1998 (NSW) including:
(i) Parental
Responsibility to the Minister (PRM), Relative/Kin (PRR) or Non-Relative (PNR)
Interim Orders;
(ii) Short Term
Court Order (STCO) allocating parental responsibility to the Minister,
Relative/Kin or Non-Relative for a period of at least 12 months;
(iii) Parental
Responsibility to the Minister (PRM), Relative/Kin (PRR) or Non-Relative (PNR)
Long Term Care to 18 years Final Order; or
(iv) Guardianship
Order.
For the purposes of this definition, a legal order made
by the Federal Circuit and Family Court of Australia under the Family Law
Act 1975 (Cth) includes a final order allocating parental responsibility to
relative/kin or suitable person to 18 years provided that the Department of
Communities and Justice intervened as a party to the proceedings and the
employee is an authorised carer eligible for the out-of-home care carer
allowance.
(i) “Legal
surrogate” means the birth mother in a surrogacy arrangement as defined in the Surrogacy
Act 2010 (NSW).
(j) “Miscarriage”
means a pregnancy that ceases before 20 weeks or where the number of weeks is
unknown, or the baby weighed less than 400g.
(k) “Ongoing
placement arrangement” means the placement of a child or young person who is
subject to a legal order of the Children’s Court of NSW or Federal Circuit and
Family Court of Australia with an authorised foster carer, authorised
relative/kinship carer or suitable person on an ongoing basis. Ongoing
placements do not include informal arrangements or emergency, respite care or
short-term care with a specified end date.
(l) “Partner” means
a spouse, de facto partner, former spouse or former de facto partner.
(m) “Pre-term birth”
means the birth of a live child before 37 weeks.
(n) “Stillbirth”
means the birth of a baby without signs of life, at 20 or more completed weeks
or where a child dies shortly after birth.
10.6.2 Paid Parental
Leave
(a) Employees are
entitled to up to 14 weeks Paid Parental Leave if:
(i) they have or
will have completed at least 40 weeks continuous service at the expected date
of birth, adoption, altruistic surrogacy or ongoing placement, and
(ii) they have or
will have caring responsibility for the child (or children), or
(iii) the employee is
a legal surrogate and has or will have completed at least 40 weeks continuous
service at the expected date of birth.
(b) Paid Parental
Leave must be taken within 24 months of the date of birth, adoption or
altruistic surrogacy or ongoing placement.
(c) Pregnant
employees may start Paid Parental Leave up to 9 weeks before their expected
date of birth.
(d) Employees who are
eligible for paid parental leave in accordance with subclause 10.6.2 (a) are
entitled to an additional two weeks of Bonus Paid Parental Leave where both
parents have exhausted any paid parental leave offered by their employer.
(e) Employees who
are single parents or whose partners do not have access to employer paid
parental leave will be eligible for the full two weeks of bonus paid parental
leave.
(f) An employee is
entitled to Bonus Paid Parental Leave, where it can be demonstrated that their
partner:
(i) has or will
have exhausted the paid parental leave provided by their employer, or
(ii) has no access
to employer paid parental leave.
(g) A maximum of
two employees (if both are working in the NSW Government Sector) can access
Paid Parental Leave under this clause per birth, adoption, altruistic surrogacy
or ongoing placement arrangement except in the event of an altruistic surrogacy
where three employees (two intended parents and one surrogate are all employed
in the NSW Government Sector) will be entitled to access Paid Parental Leave.
(h) Where an
employee takes paid parental leave in respect of an ongoing placement
arrangement and later adopts, becomes the legal guardian or cares for the child
(or children) or young person/s under a different legal order, the employee is
not entitled to access a further period of paid parental leave in connection
with the adoption, guardianship order or other legal order of the same child
(or children).
(i) In the event
that an ongoing placement arrangement ceases, and the employee no longer has
responsibility for the care of the child/children, the employee must notify the
employer as soon as practicable. At the cessation of an ongoing placement, the
remaining period of paid parental leave ceases. The employer and employee
should discuss alternative leave arrangements and/or a return-to-work date.
10.6.3 Unpaid Parental
Leave
(a) In addition, an
employee is entitled to unpaid parental leave where:
(i) the employee,
their partner or their legal surrogate gives birth; or the employee or their
partner adopts; or the employee or their partner have a child placed in the
care of the employee or their partner as part of an ongoing placement
arrangement, and
(ii) the employee
has or will have responsibility for the care of the child that is born, adopted
or placed in an ongoing placement arrangement, or
(ii) the employee is
a legal surrogate who gives birth.
(b) Subject to this
clause the employee shall be entitled to be granted unpaid parental leave as
follows:
(i) For a pregnant
employee, a period up to 9 weeks prior to the expected date of birth; and
(ii) For all
eligible employees, a further period of up to 12 months after the actual date
of birth.
(c) An employee on
parental leave does not have to return to work to access a further period of
parental leave.
(d) Where an
employee combines paid and unpaid parental leave, the total period of parental
leave taken cannot exceed 12 months except where an employee has applied to
extend their period of unpaid parental leave under subclause 10.6.6.
10.6.4 Calculation of
Paid Parental Leave
(a) Paid Parental
Leave including bonus parental leave is calculated at the employee’s ordinary
rate of pay at the time they take leave.
(b) Paid Parental
Leave may be paid:
(i) in advance as a
lump sum;
(ii) fortnightly as
normal;
(iii) fortnightly at
half pay; or
(iv) as a combination
of full and half pay.
(c) A full-time
employee who is on part-time leave without pay when they start parental leave
is paid:
(i) at the
full-time rate if they began part-time leave 40 weeks or less before starting
parental leave; or
(ii) at the part-time
rate if they began part-time leave more than 40 weeks before starting parental
leave and have not changed their part-time work arrangements during the 40
weeks; or
(iii) at the rate
based on the average number of weekly hours worked during the 40-week period if
they have been on part-time leave for more than 40 weeks but have changed their
part-time work arrangements during that period.
(d) An employee who
commences a subsequent period of parental leave for another child within 24
months of commencing an initial period of parental leave will be paid:
(i) at the
full-time or part-time rate, they received before starting the initial leave if
they have not returned to work; or
(ii) at a rate based
on the hours worked before they took the initial leave if they have returned to
work and reduced their hours during the 24-month period; or
(iii) at a rate based
on the hours worked before the subsequent period of leave if they have returned
to work and not reduced their hours.
10.6.5 Concurrency of
Paid Parental Leave
Employees can take all Paid Parental Leave concurrently
except in circumstances where both parents are employed at the same workplace
and operational requirements may prevent concurrent leave. In these instances,
employees may take up to four weeks Paid Parental Leave concurrently with their
partner. Employees may request to take more than four weeks Paid Parental Leave
concurrently with their partner in accordance with subclause 10.6.6.
10.6.6 Flexibility for
taking Paid Parental Leave
(a) An employee may
request to use their Paid Parental Leave entitlement in ways other than a
single continuous period. The Department Head will consider this request based
on operational requirements and the employee’s personal and family
circumstances.
(b) Employees in
the same NSW Government Sector workplace may also request to take more than
four weeks of parental leave concurrently.
(c) The Department
Head may refuse a request on reasonable grounds based on the effect on the
Department’s workplace including but not limited to:
(i) that the new
working arrangements requested would be too costly for the Department;
(ii) that there is no
capacity to change the working arrangements of other employees to accommodate
the new working arrangements requested;
(iii) that it would
be impractical to change the working arrangements of other employees, or
recruit new employees, to accommodate the new working arrangements requested;
(iv) that the new
working arrangements requested would be likely to result in a significant loss
in efficiency or productivity; or
(v) that the new
working arrangements requested would be likely to have a significant negative
impact on customer service.
(d) The Department
Head will consider and respond to the request in writing within 21 days.
(e) If the
Department Head agrees to the employee’s request to use their Paid Parental
Leave entitlement in ways other than a single continuous period, the leave
period must not extend beyond 24 months of the date of birth, adoption,
altruistic surrogacy or ongoing placement of the child. Any public holidays that fall during the
leave will not extend the period of leave.
10.6.7 Other accrued
leave in conjunction with parental leave
(a)
An employee may take available recreation leave or
extended leave during the parental leave period as long as it does not extend
the total period of parental leave.
(b)
An employee may take available recreation leave at half
pay with parental leave provided that:
(i)
recreation leave at half pay is taken within the period
of parental leave;
(ii) the total period of parental leave is
not extended beyond 24 months by the taking of recreation leave at half pay;
(iii) the half-pay leave is converted to the
full-time equivalent and treated as such for the purpose of accruing further
recreation, extended and other leave at the full-time rate.
10.6.8 Pregnancy related illness
and alternative duties
(a) A pregnant
employee who is sick during their pregnancy may take available paid sick leave,
accrued recreation or extended leave, or sick leave without pay.
(b) If a pregnant
employee finds it difficult to perform their normal duties or there is a risk
to their health or that of the unborn child, the Department Head must consult
with the employee and take all reasonable steps to arrange safer alternative
duties or adjustments.
(c) Safer
alternative duties or adjustments include but are not limited to:
(i) having flexible
working arrangements for when and where the employee performs their duties;
(ii) changing duties
temporarily;
(iii) retraining;
(iv) multiskilling;
(v) redesigning
their role.
(d) If a pregnant
employee gives the employer evidence that the employee is fit for work, but
that it is inadvisable for the employee to continue in the employee’s normal
duties, and safe alternative duties or adjustments cannot reasonably be
provided, the Department Head must grant the employee paid no safe job leave
until the end of the risk period, end of the employee’s pregnancy or expected
commencement of parental leave, whichever is the earliest.
10.6.9 Further periods of
parental leave
(a) When an
employee, their partner or their legal surrogate gives birth; or the employee
or their partner adopts; or the employee or their partner have a child placed
in the care of the employee or their partner as part of an ongoing placement
arrangement while on parental leave, the employee is entitled to a further
period of parental leave.
(b) At the
commencement of the new period of parental leave, any remaining unpaid parental
leave from the former birth, adoption or ongoing placement arrangement ceases.
(c) Any remaining
paid parental leave from the former birth, adoption or ongoing placement
arrangement may be retained but must be taken within 24 months of the former
date of birth, adoption or altruistic surrogacy or placement of a child or
children.
10.6.10 Leave
for a pre-term birth
(a) When an
employee or their partner has a pre-term birth (before 37 weeks), the parent
with caring responsibility is entitled to paid Special Pre-Term Parental Leave.
This applies from the date of birth to the end of 36 weeks. Where both parents
are NSW Government Sector employees, only one parent may access the leave.
(b) An employee is
entitled to paid special pre-term parental leave if they have or would have, if
not for the pre-term birth, completed 40 weeks continuous service at the
expected date of birth.
(c) Paid Special
Pre-Term Parental Leave starts from the date of the pre-term birth at full pay
and the employee must take it in one continuous block up to the end of 36
weeks.
(d) Immediately
following the period of paid special pre-term parental leave and at the
commencement of 37 weeks, special pre-term birth parental leave will cease, and
an employee may commence parental leave in accordance with subclauses 10.6.2
and 10.6.3.
(e) Where a
pre-term child dies during a period of paid Special Pre-Term Parental Leave,
the rest of that leave is replaced by up to 14 weeks’ Paid Parental Leave in
accordance with subclause 10.6.2.
(f) Employees
cannot take paid Special Pre-Term Leave concurrently with any other form of
leave.
(g) When accessing
paid Special Pre-Term Parental Leave, the employee must notify the Department
Head as soon as practicable of:
(i) the amount of
leave required; and
(ii) which other
types of leave (if any) will follow the period of Special Pre-Term Parental
Leave, including all paid and unpaid leave that employees propose to take, have
applied for, or will take.
(h) To access paid
Special Pre-Term Parental Leave, the employee may need to provide evidence,
such as:
(i) a medical
certificate showing the expected date of birth; or
(ii) a statutory declaration
or medical certificate confirming caring responsibility; or
(iii) a medical
certificate or a birth certificate showing the child’s actual date of birth.
10.6.11 Leave
for a stillbirth
(a) An employee who
gives birth to a stillborn child has access to paid parental leave in
accordance with subclause 10.6.2 or may elect to take available sick leave.
(b) Where an
employee’s partner gives birth to a stillborn child the employee can access two
weeks Paid Parental Leave.
10.6.12 Leave
prior to an adoption
(a) In addition to
the paid parental leave available at subclause 10.6.2, an employee seeking to
adopt a child is entitled to up to two days unpaid special adoption leave to
attend interviews or examinations as are necessary as part of the adoption
process.
(b) An employee may
also use accrued leave entitlements or flexible working arrangements to attend
interviews or examinations. This includes recreation leave, extended leave and
where applicable, family and community service leave.
10.6.13 Right
to request extension of unpaid parental leave and part-time return to work
(a) To assist
employees with parental responsibilities, an employee who has been granted
parental leave in line with subclause 10.6.2, Paid Parental Leave, can apply to
the Department Head to:
(i) extend Unpaid
Parental Leave for a further continuous leave period of up to 12 months
provided the unpaid parental leave does not extend beyond 24 months from the
birth, adoption or ongoing placement of the child; and/or
(ii) return from
full-time parental leave to work part time until the child reaches school age
(including the option to return to work on part-time leave without pay).
(b) An employee
intending to apply to return from parental leave part time (in line with clause
10.13.1) must write to the Department Head as soon as practicable. An employee
can give notice at any time up to four weeks before their proposed return or
extension of leave, or later if the Department Head agrees.
(c) The Department
Head will consider the request and the employee’s circumstances and respond in
writing. The Department Head can only refuse the request on reasonable grounds
based on the effect on the workplace or the Department Head’s business. This
could include:
(i) that the new
working arrangements requested would be too costly for the Department;
(ii) that there is
no capacity to change the working arrangements of other employees to
accommodate the new working arrangements requested;
(iii) that it would
be impractical to change the working arrangements of other employees, or
recruit new employees, to accommodate the new working arrangements requested;
(iv) that the new
working arrangements requested would be likely to result in a significant loss
in efficiency or productivity; or
(v) that the new
working arrangements requested would be likely to have a significant negative
impact on customer service.
(d) An employee on
parental leave may change the period of leave once without the consent of the
Department by providing at least 14 days’ notice in writing. Further changes
may be made with the consent of the Department Head.
(e) An employee who
has returned to full-time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert to unpaid parental leave.
This may be done once only, by providing a minimum of 4 weeks’ notice (or less
if the Department agrees).
10.6.14 Returning
to work
(a) An employee has
the right to return to their former role if they have taken parental leave or
returned to work part-time under right to request provisions, and they
immediately resume duty after the approved leave or part-time work arrangement.
(b) If the role
occupied by the employee immediately prior to the taking of parental leave has
ceased to exist, but there are other positions available that the employee is
qualified for and is capable of performing, the employee will be appointed to a
role of the same grade and classification as the employee’s former position.
(c) An employee
does not have the right to their former role if they return to work part time.
If the Department Head approves an employee to return to work part time, the
employee will be appointed to a role of the same grade and classification as
their former role.
(d) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or
employee’s spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
(c) 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.
10.6.15 Notice
requirements
(a) The Department
Head must inform employees of their entitlements and obligations under this
section when it is made aware that an employee or their partner is pregnant,
expecting a child through an altruistic surrogacy arrangement, is having a
child placed with them as part of an ongoing placement arrangement or is
adopting a child.
(b) An employee who
is an intended parent in an altruistic surrogacy arrangement must notify the
Department Head at least 8 weeks before the expected due date. The employee
must give the Department Head a copy of the pre-conception surrogacy altruistic
surrogacy agreement. This agreement is provided for in the Surrogacy Act 2010
and can be redacted as necessary to protect non-employees’ privacy.
(c) To access
parental leave, an employee must give the Department Head written notice, eight
weeks or as soon as practicable, before the expected start of their parental
leave, of:
(i) their intention
to take leave; and
(ii) the child’s
expected date of birth, adoption, altruistic surrogacy or ongoing placement;
and
(iii) the employee’s
role as carer of their child for the parental leave period.
(d) At least four
weeks before the expected commencement of parental leave, the employee must
advise the Department Head of:
(i) the date they
intend to start parental leave; and
(ii) the date they
expect to return to work.
(a)
Once an employee or their partner gives birth, they
must notify the Department Head of the date of birth as soon as convenient.
(b)
If an employee changes their intentions because of a
pre-term birth or stillbirth, they must notify the Department Head as soon as
practicable.
(c)
Before and during Paid Parental Leave, an employee must
notify the Department Head of any changes to their circumstances that might
affect their eligibility for this leave as soon as possible.
10.6.16 Evidence
requirements
(a) To access Paid
Parental Leave, the employee must provide evidence of the birth, adoption,
altruistic surrogacy or ongoing placement arrangement:
(i) for a birth
related leave, a medical or birth certificate showing the child’s expected or
actual date of birth;
(ii) for adoption
related leave, an integrated birth certificate or certificate of adoption;
(iii) for altruistic
surrogacy related leave, the provision of documentary evidence of the
altruistic surrogacy agreement and a statutory declaration advising of the
intention to make application for a parentage order as required under the
Surrogacy Act 2010. A copy of the parentage order (redacted as needed) does not
need to be provided before accessing Paid Parental Leave if the order is not
available before that time but must be provided as soon as it is obtained;
(iv) for an ongoing
placement arrangement, a confirmation of placement letter provided by the
Department of Communities and Justice, or their accredited designated agency as
defined in 10.6.1(i). A copy of the
legal order as defined in 10.6.1(g) (redacted as needed) does not need to be
provided before accessing Paid Parental Leave if the order is not available
before that time but must be provided as soon as it is obtained.
(b) To access bonus
paid parental leave Department Head may require evidence of this such as:
(i) documents from
the partner’s employer; or
(ii) a statutory
declaration from the employee.
10.6.17 Communication
requirements
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Department Head will take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the role the employee held before
commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the role the employee held before
commencing parental leave.
(b) The employee
will take reasonable steps to inform the Department Head of any significant
matter that will affect the employee’s decision about:
(i) the duration of
parental leave;
(ii) whether they
intend to return to work; and
(iii) whether they
intend to request to return to work part time.
(c) The employee
will notify the Department Head of any changes to their address and contact
details which may affect the Employer’s capacity to comply with clause 10.6.17.
10.7 Leave related to
miscarriage and fertility treatment
10.7.1 Leave for a
miscarriage
10.7.1.1 When an
employee or their partner miscarries, the employee is entitled to one week of
paid Special Miscarriage Leave on each occasion a pregnancy ceases by way of
miscarriage.
10.7.1.2 Paid
Special Miscarriage Leave starts from the date of miscarriage. The employee
must take this leave in one continuous block before they can take any other
leave.
10.7.1.3 When
accessing paid Special Miscarriage Leave, the employee must notify the
Department Head as soon as reasonably practicable of:
(a) the amount of
leave required; and
(b) the anticipated
date of return to duty.
10.7.1.4 To
access paid Special Miscarriage Leave an agency may request evidence, such as:
(a) a medical
certificate; or
(b) an early loss
certificate from the NSW Registry of Births, Deaths and Marriages.
10.7.2 Leave for
fertility treatment
10.7.2.1 Employees
can take up to one week of paid Special Fertility Treatment Leave each calendar
year to undergo fertility treatment. This includes related medical appointments
and travel required to access treatment.
10.7.2.2 Special
Fertility Treatment Leave does not accumulate, and employees may take it in:
(a) part days
(b) single days
(c) consecutive
days.
10.7.2.3 Paid
Special Fertility Treatment Leave is not available to the partner of the person
undergoing fertility treatment.
10.7.2.4 When
accessing paid Special Fertility Treatment Leave, the employee must notify the
Department Head as soon as is reasonably practicable of:
(a) the amount of
leave required, and
(b) when they
expect to return to work.
10.7.2.5 To
access paid Special Fertility Treatment Leave, the employee may need to provide
a medical certificate that confirms the treatment.
10.8 Domestic and
Family Violence Leave
10.8.1 Definitions
For the purpose of this clause:
(a) “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.
(b) 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.
(c) 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.
(d) Examples of
behaviours that constitute domestic and family violence include but are not
limited to:
(i) physical and
sexual violence;
(ii) verbal abuse;
(iii) emotional or
psychological abuse;
(iv) stalking and
intimidation;
(v) technology
facilitated abuse;
(vi) social and
geographical isolation;
(vii) financial abuse;
(viii) cruelty to pets;
(ix) damage to property;
or
(x) threats to be
violent in the above ways.
10.8.2 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.
10.8.3 Paid domestic and
family violence leave is not pro-rata for part-time or casual employees.
10.8.4 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.
10.8.5 Employees
experiencing domestic and family violence may take domestic and family violence
leave including for the following purposes:
(a) seeking safe
accommodation or establishing safety;
(b) attending
medical, legal, police or counselling appointments relating to their experience
of domestic and family violence;
(c) attending court
and other legal proceedings relating to their experience of domestic and family
violence;
(d) organising
alternative care or education arrangements for their children or person(s) in
their care;
(e) other
activities that will help them to establish safety and recover from their
experience of domestic and family violence; or
(f) 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.
10.8.6 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.
10.8.7 The leave
entitlement can be accessed without the need to exhaust other available leave
entitlements first.
10.8.8 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.
10.8.9 Evidence of the
occurrence of domestic and family violence may include:
(a) a document
issued by the police, a court, a domestic violence support service or a member
of the legal profession;
(b) a provisional,
interim or final Apprehended Violence Order (AVO), Apprehended Domestic
Violence Order (ADVO), certificate of conviction or family law injunction;
(c) a medical
certificate;
(d) a statutory
declaration by the employee experiencing domestic and family violence; or
(e) any other
evidence that would satisfy a reasonable person that domestic and family
violence has occurred.
10.8.11 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.
10.8.12 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.
10.8.13 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.
10.8.14 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.
10.8.15 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:
(a) payslips,
(b) the employee’s
personnel file, or
(c) rosters.
10.8.16 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.
10.8.17 Employers
must not take adverse action against an employee because they:
(a) have
experienced, or are experiencing, domestic and family violence;
(b) use the paid
domestic and family violence leave provisions; or
(c) 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.
10.8.18 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.
10.9 Leave for
employees providing support to people experiencing domestic and family violence
10.9.1 Employees
providing care and support to a member of their family or household
experiencing domestic and family violence may, if the criteria are met, access
existing Personal/Carer’s Leave entitlements consistent with clause 10.4 of
this award.
10.9.2 The “family” or “household”
member that the employee is providing care and support to must meet the
definition of these terms as defined in clause 10.4.
10.9.3 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 10.4.2 of this award or any other form of
evidence that is considered acceptable by the employer such as a statutory
declaration.
10.9.4 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.
11. Tea Breaks
11.1 A tea break
during the morning period of not more than fifteen minutes' duration will be
allowed to each individual employee, at a time to be arranged by the employer,
without deduction from their wages.
11.2 Provided that an
employer may grant a tea break of not more than ten minutes' duration during
both the morning and afternoon periods of the working day, under the same
conditions as above. Where an afternoon tea break is taken the employer may
direct that it be taken immediately prior to ceasing time.
12. Accommodation
12.1 Employees who
reside in Departmental premises and are provided with board and lodging by the
employer will be charged at the rates determined from time to time by the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 according to whether the employee is
provided with full board and lodging or whether they attend to their room and
waits on themself at table.
12.2 Where employees
do not reside at the Farm, the employer will provide free of charge a dining
room fitted with sufficient and suitable table and seating accommodation
together with an adequate supply of boiling water for employees at meal times.
Pure drinking water will be provided at suitable locations on each farm in
clean containers where it is not available from a water service pipe.
12.3 Change rooms will
be provided by the employer and will be used exclusively for that purpose.
Where practicable, hot and cold showers will be provided.
13. Settlement of
Disputes
Subject to the provisions of the Industrial Relations Act 1996, the undermentioned procedures will
be applied in the settlement of disputes -
13.1 Where a dispute
arises in a particular section which cannot be resolved between the employees
or their representative and supervising staff, it will be referred to the
Departmental Personnel/Industrial Officer or other officer nominated by the
employer who will arrange for the matter to be discussed with the union or
unions concerned.
13.2 Failing
settlement of the issue at this level, the matter should be referred to senior
management.
13.3 If the matter
remains unsolved then either party may make application to the Industrial
Relations Commission of New South Wales.
13.4 Whilst these
procedures are continuing, no stoppage of work or any form of limitation of
work will be applied.
13.5 The right is
reserved to the parties to vary this procedure where it is considered a safety
factor is involved.
14. Terms of
Engagement
14.1 Employees will be
employed in accordance with the Government
Sector Employment Act 2013, and except in the case of misconduct,
their engagement will only be terminated by either side given at any time
during the week or by the payment or forfeiture of one week’s wages in lieu, by
giving the following notice:
|
Period of
Continuous Service
|
Period of Notice
|
|
One year or less
|
1 week
|
|
More than one year and less than three years
|
2 weeks
|
|
More than three years and less than five years
|
3 weeks
|
|
More than 5 years
|
4 weeks
|
Plus one extra week for employees over 45 years of age
with not less than two years continuous service (except in the case of an
employee giving notice).
15. Fares
15.1 Any person
selected for work and sent by the employer or their agent, including a
Government Employment Bureau or Private Employment Agency, from the City to the
country or from one country centre to another, or from a country centre to the
City, will have the necessary fares provided by the employer.
16.
Anti-Discrimination
16.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
16.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed in clause 13, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
16.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
16.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977, or
(d) a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
16.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
17. No Extra Claims
The
Industrial Relations Commission recognises that the parties have provided an
undertaking that other than as provided for in the Industrial Relations Act
1996, there will be no further claims/demands or proceedings instituted
before the NSW Industrial Relations Commission for extra or reduced wages,
salaries, rates of pay, allowances or conditions of employment with respect to
the Employees covered by the Award that take effect prior to the nominal expiry
of the Award unilaterally made by a party to the Award unless otherwise agreed
by the parties.
This
undertaking does not prevent the Parties from continuing collaborative
discussions during the life of the Award to deliver additional enhancements to
remuneration and/or conditions of employment, and to achieve additional
industry wide and systemic efficiencies and productivity improvements to the
delivery of Government services to the public. Changes to conditions or
salaries may be jointly progressed and, if agreed, an application to vary the
Award may be made by consent prior to the nominal expiry of the Award.
Parties are not
prevented from commencing any proceedings with respect to the interpretation,
application or enforcement of existing award provisions.
18. Area, Incidence
and Duration
18.1 This award will
apply to all employees as defined herein.
18.2 This Award
rescinds and replaces the Farm Assistants (Department of Education) Wages and
Conditions Award 2022 published 2 December 2022 (393 I.G. 603) and reprinted 25
June 2025 (397 I.G. 3103) and all variations thereof.
18.3 This Award as
varied takes effect from the first full pay period after 1 July 2024, and
remains in force for a period of three years.
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Amount per week from
the first full pay period on or after 1/07/23
|
Amount per week
from the first full pay period on or after 1/07/24
|
Amount per week
from the first full pay period on or after 1/07/25
|
Amount per week
from the first full pay period on or after 1/07/26
|
|
(4%)
|
(4%)
|
(3%)
|
(3%)
|
|
$
|
$
|
$
|
$
|
|
Farm Assistant Class I
|
1075.90
|
1118.90
|
1152.50
|
1187.10
|
|
Farm Assistant Class II
|
1236.90
|
1286.40
|
1325.00
|
1364.80
|
|
Flower Gardener
|
1111.20
|
1155.60
|
1190.30
|
1226.00
|
Table 2 - Allowances
|
Clause
|
Allowance
|
From the first full
pay period on or after 1/07/23
|
From the first full
pay period on or after 1/07/24
|
From the first full
pay period on or after 1/07/25
|
From the first full
pay period on or after 1/07/26
|
|
|
|
(4%)
|
(4%)
|
(3%)
|
(3%)
|
|
|
|
$
|
$
|
$
|
$
|
|
6.6 Special Rates
|
|
6.6.1
|
Tractor operation (per day)
|
5.48
|
5.70
|
5.87
|
6.05
|
|
6.6.2
|
Truck driving (per day)
|
5.48
|
5.70
|
5.87
|
6.05
|
|
6.6.3
|
Headers, etc. (per day)
|
5.48
|
5.70
|
5.87
|
6.05
|
|
6.7
|
Broken Shift (per day)
|
16.50
|
17.16
|
17.67
|
18.20
|
|
6.9
|
Protective Clothing (per hour)
|
0.89
|
0.93
|
0.96
|
0.99
|
|
6.10
|
First Aid (per day)
|
4.14
|
4.31
|
4.44
|
4.57
|
|
6.11
|
First meal per day
|
17.45
|
$18.15
|
$18.70
|
$19.25
|
|
|
Subsequent meals
|
15.00
|
$15.60
|
$16.05
|
$16.55
|
D. CHIN J, Vice President
____________________
Printed by
the authority of the Industrial Registrar.