Crown Employees (Department of Education) Cleaning Award 2026

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education.

 

(Case No. 325782 of 2025)

 

 

AWARD

 

Clause No.        Subject Matter

 

Table of Contents

 

Section 1. Application and Operation

 

1.        Title

2.        Definitions

3.        Area, Incidence and Duration

4.        No Extra Claims

5.        Anti-Discrimination

 

Section 2. Award Flexibility

 

6.        Local Arrangements

 

Section 3. Types of Employment and Classifications

 

7.        Types of Employment

8.        Full-Time employees

9.        Part-Time employees

10.      Casual Employment

11.      Classifications

 

Section 4. Hours of Work

 

12.      Ordinary hours of work

13.      Days off per week

14.      Breaks

 

Section 5. Salaries and Allowances

 

15.      Payment of Salaries and Allowances

16.      Allowances

 

Section 6. Overtime and Penalty Rates

 

17.      Overtime

18.      Recall to duty

19.      Penalty Rates for Shift Work

 

Section 7. Leave

 

20.      Recreation Leave

21.      Annual Leave Loading

22.      Sick Leave / Carer’s Leave

23.      Parental Leave

24.      Paid Parental Leave

25.      Unpaid Parental Leave

26.      Calculation of Paid Parental Leave

27.      Bereavement Leave for casual employees

28.      Family and Community Service Leave

29.      Leave Without Pay

30.      Special Leave

31.      Extended Leave

32.      Military Leave

33.      Domestic and Family Violence Leave

34.      Leave for employees providing support to people experiencing domestic and family violence

 

Section 8. Required Clauses

 

35.      Consultation

36.      Grievance and Dispute Resolution Procedure

37.      Work Health and Safety

38.      Cross agency employment

39.      Cross government sector leave arrangements

 

Section 9. Union Activities

 

40.      Trade Union Activities Regarded as Special Leave

41.      Trade Union Training Courses

42.      Conditions Applying to on Loan Arrangements

43.      Period of Notice for Trade Union Activities

44.      Access to Facilities by Trade Union Delegates

45.      Responsibilities of the Trade Union Delegate

46.      Responsibilities of Workplace Management

47.      Right of Entry Provisions

48.      Travelling and Other Costs of Trade Union Delegates

 

Schedules

 

Schedule 1 - Rates of Pay

Schedule 2 - Allowances

Schedule 3 - Classification Definition

 

Section 1. Application and Operation

 

1.  Title

 

This award will be known as the Crown Employees (Department of Education) Cleaning Award 2026.

 

2.  Definitions

 

2.1.     "Act" means the Government Sector Employment Act 2013 (NSW), or its successor.

 

2.2.     "Additional hours" means those hours worked by an employee covered by this Award beyond the ordinary hours of work as set out in clause 12 Ordinary hours of work, up to 8 hours per day and to a maximum of 38 hours per week.

 

2.3.     "Award" means the Crown Employees (Department of Education) Cleaning Award 2026.

 

2.4.     "Conditions Award" means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, or its successor.

 

2.5.     "Department" means the New South Wales Department of Education.

 

2.6.     "Employee" means a person employed as a Cleaner in accordance with the Act in an ongoing, temporary or casual employment.

 

2.7.     "Employer" means the New South Wales Department of Education.

 

2.8.     "Normal Work" means for the purposes of subclause 36.11of clause 36, Grievance and Dispute Resolution Procedure, of this Award, the work carried out in accordance with the employee’s role or role description at the location where the employee was employed at the time the grievance or dispute was notified by the employee.

 

2.9.     "Overtime" means all time worked, whether before or after the ordinary hours of work, at the direction of the employer.

 

2.10.   "Rostered Day Off" or "RDO" means an entitlement to take one day off duty, with pay, in accordance with clause 12 Ordinary hours of work.

 

2.11.   "Secretary" means the New South Wales Department of Education Secretary, unless otherwise specified.

 

2.12.   "Shift worker" means an employee who works 32 or more ordinary shifts on Sunday and/or Public Holidays during the calendar year.

 

2.13.   "Trade Union", "Union" or "UWU" means the United Workers’ Union.

 

2.14.   "Usual Work Location" means the location or locations on an employee’s roster.

 

3.  Area, Incidence and Duration

 

3.1.     This Award covers all Cleaners employed by the Department under the Act.

 

3.2.     The employees covered by this Award are entitled to the conditions of employment as provided for under the Government Sector Employment Regulation 2014 (NSW) and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced. To the extent of any inconsistency between the employment conditions found in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and this Award, the employment conditions in this Award apply.

 

3.3.     This Award is made following an application under section 10 of the Industrial Relations Act 1996 (NSW) and shall take effect from 1 January 2026 and shall remain in force until 30 June 2027.

 

3.4.     Parties to this Award are:

 

a.        The Secretary; and

 

b.        The United Workers Union (UWU).

 

4.  No Extra Claims

 

4.1.     The Industrial Relations Commission recognises that the parties have provided an undertaking that other than as provided for in the Industrial Relations Act 1996 (NSW), 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.

 

4.2.     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.

 

4.3.     Parties are not prevented from commencing any proceedings with respect to the interpretation, application or enforcement of existing Award provisions.

 

5.  Anti-Discrimination

 

5.1.     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 (NSW) 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.

 

5.2.     It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award 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.

 

5.3.     Under the Anti-Discrimination Act 1977 (NSW), 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.

 

5.4.     Nothing in this clause is to be taken to affect:

 

5.4.1.  any conduct or act which is specifically exempted from anti-discrimination legislation;

 

5.4.2.  offering or providing junior rates of pay to persons under 21 years of age;

 

5.4.3.  any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW);

 

5.4.4.  a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

5.4.5.  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.

 

Section 2. Award Flexibility

 

6.  Local Arrangements

 

6.1.     Local arrangements may be negotiated between the Department and the Union in respect of any matter contained in the Award.

 

6.2.     All local arrangements negotiated between the Department and the Union must:

 

6.2.1.  be approved by the Secretary; and

 

6.2.2.  be approved in writing by the General Secretary of the Union; and

 

6.2.3.  be contained in a formal document, such as a co-lateral agreement, a memorandum of understanding, an Award or other industrial instrument; and

 

6.2.4.  include a clause allowing either party to terminate the arrangement by giving 12 months’ notice.

 

Section 3. Types of Employment and Classifications

 

7.  Types of Employment

 

7.1.     An employee covered by this Award must be one of the following:

 

7.1.1.  a full-time employee; or

 

7.1.2.  a part-time employee; or

 

7.1.3.  a casual employee. 

 

7.2.     The Department will inform the employee upon the employee’s engagement of the terms on which they are engaged, including whether they are engaged as a full-time, part-time or casual employee, their usual work location/s and classification.

 

7.3.     Each employee’s classification and whether they are engaged as a full-time, part-time or casual employee will be recorded in the employee’s time and wages record.

 

8.  Full-Time Employees

 

8.1.     A full-time employee is an ongoing employee engaged to work 38 hours per week. 

 

8.2.     Those hours of work are to be arranged in accordance with clause 12 Ordinary hours of work.

 

9.  Part-Time Employees

 

9.1.     A part-time employee is an ongoing employee who is engaged to work for fewer than 38 hours per week and whose hours of work are reasonably predictable.

 

9.2.     Part-time employee for each ordinary hour worked shall be paid an allowance of 15% in addition to their ordinary hourly rate of pay.

 

9.3.     The part-time allowance of 15% is payable so as to allow the Department to roster a part-time employee to work up to 7.6 hours per day, 5 days per week or 38 ordinary hours per week without the payment of overtime.

 

Note: part-time employees can accrue an RDO in accordance with clause 12 Ordinary hours of work.

 

9.4.     At the time of engagement, the Department and the part-time employee will agree in writing on all of the following:

 

9.4.1.  the number of hours to be worked each day; and

 

9.4.2.  the days of the week on which the employee will work; and

 

9.4.3.  the times at which the employee will start and finish work each day.

 

9.5.     The Department and the employee may vary an agreement under subclause 9.4. Any variation must be recorded in writing.

 

10.  Casual Employment

 

10.1.   A casual employee may only be engaged:

10.1.1.            to perform work on an intermittent or irregular basis; or

 

10.1.2.            to work uncertain hours; or

 

10.1.3.            to replace a full-time or a part-time employee who is rostered off or absent.

 

10.2.   Casual employee shall be paid a loading of 25% in addition to the ordinary hourly rate of pay. The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this Award.

 

11.  Classifications

 

11.1.   Employees covered by this Award shall be classified in accordance with Schedule 3 - Classification Definition.

 

11.2.   Despite an employee’s classification, an employee is to perform all duties incidental to the tasks of the employee that are within the employee’s level of skill, competence and training.

 

Section 4. Hours of Work

 

12.  Ordinary Hours of Work

 

12.1.   Full-time employee:

 

12.1.1.            Ordinary hours may be worked on any day of the week

 

12.1.2.            The ordinary hours of work for full-time employees are 38 per week. The ordinary hours must be worked for 8 hours per day with 0.4 of one hour for each day worked accruing as a Rostered Day off (RDO). An RDO is as an entitlement to take one day off duty, with pay, in each four weekly cycle of 20 working days. Full time employees will accrue a minimum of 13 RDOs per year.

 

12.1.3.            An employee will continue to accrue RDOs whilst on recreation, military, family and community service, study, special and sick leave.

 

12.1.4.            Where work is undertaken in schools/TAFE,

 

a.         RDOs will be taken during the vacation periods as determined by the Department and in conjunction with any entitlements to recreation leave, and

 

b.        arranged in consultation with employees and the Union at the commencement of each calendar year.

 

c.         where an employee commences during the school/TAFE year, the proportionate amount of required additional hours will be determined according to the amount of RDOs required to cover any vacation periods yet to occur in that year.

 

12.2.   Part-time and casual employees:

 

12.2.1.            A part-time or casual employee may work their ordinary hours by working periods of duty of up to 7.6 ordinary hours per day on up to 5 days per week.

 

12.2.2.            Ordinary hours may be worked on any day of the week.

 

12.2.3.            A part-time or casual employee must be rostered for a minimum of 3 consecutive hours for each day worked.

 

12.2.4.            Part-time employees will accrue RDOs on a pro-rata basis.

 

13.  Days Off Per Week

 

13.1.   Each employee is entitled to 2 consecutive full days off within each 7 day cycle.

 

14.  Breaks

 

14.1.   Shift workers

 

14.1.1.            Paid meal break

 

An employee who works a shift that attracts a shift penalty under clause 19 Penalty Rates for Shift Work is entitled to a paid meal break per shift of not less than 20 minutes. The meal break must be taken not earlier than 4 hours, and not later than 5 hours, after the start of the shift.

 

14.1.2.            Paid rest break

 

A full-time shift worker working a straight shift is entitled to one further 10 minute paid rest break per shift.

 

14.1.3.            A paid meal break and paid rest break provided for in clauses 14.1.1 and 14.1.2 counts as time worked for the employee.

 

14.2.   Non-shift workers

 

14.2.1.            Clause 14.2.2 applies to employees who are not entitled to a paid meal break under clause 14.1.1.

 

14.2.2.            Unpaid meal breaks

 

a.         An employee is entitled to an unpaid meal break of not less than 30 minutes, and not more than one hour and cannot be required to work for more than 4½ hours (or 5 hours in an emergency) without a meal break.

 

b.        An unpaid meal break provided in clause 14.2.2 does not count as time worked for the employee.

 

14.2.3.            Paid rest breaks

 

a.         An employee is entitled to a 10 minute paid morning rest break and a 10 minute paid afternoon rest break.

 

b.        A paid morning or afternoon rest break provided for in clause 14.2.3.a. counts as time worked for the employee.

 

14.3.   Interruptions and overtime meal breaks-all employees

 

14.3.1.            If the employee is interrupted during a meal break and directed to work, the employer must pay the employee at the overtime rate mentioned in clause 17 Overtime until the employee is allowed to resume the meal break.

 

14.3.2.            An employee working overtime is entitled to a paid 20 minute meal break after each 4 hours of overtime worked.

 

14.4.   Breaks between shifts

 

14.4.1.            An employee must have a minimum break of 8 consecutive hours between finishing work on one shift of ordinary hours (including any overtime worked immediately after it) and starting work on the next shift of ordinary hours (including any overtime worked immediately before it).

 

14.4.2.            The employer must pay an employee who is required by the employer to start work without having had at least 8 consecutive hours off duty at the overtime rate mentioned in clause 17 Overtime until the employee is released from duty for at least 8 consecutive hours.

 

Section 5. Salaries and Allowances

 

15.  Payment of Salaries and Allowances

 

15.1.   The payment of salaries and allowances will be made fortnightly.

 

16.  Allowances

 

16.1.   Broken shifts and Broken Shifts Allowance

 

16.1.1.            An employee works a broken shift if the employee is required to work a rostered shift on any day in 2 periods of duty (excluding meal breaks and rest breaks) within a maximum spread of 13 hours and with a break between them of longer than one hour.

 

16.1.2.            An employee who works a broken shift will receive a broken shift allowance as specified in Item 1 of Schedule 2 - Allowances.

 

16.2.   First aid allowance

 

16.2.1.            An employee who holds a current first aid qualification and training and is appointed in writing by the Department to perform first aid duty shall receive an allowance as specified in Item 2 of Schedule 2 - Allowances.

 

16.3.   Leading hand allowance

 

16.3.1.            An employee who is placed in charge of other employees shall receive an allowance per week of the amount specified in Item 3 of Schedule 2 - Allowances depending on the number of other employees of which the employee is in charge. 

 

16.4.   Meal allowance

 

16.4.1.            Clause 16.4 applies to any employee who:

 

a.         is required to work an additional 2 hours or more; and

 

b.        was not advised of that requirement on or before the previous day.

 

16.4.2.            The Department must:

 

a.         pay the employee a meal allowance as specified in Item 4 of Schedule 2 - Allowances or

 

b.        supply the employee with a meal.

 

16.5.   Vehicle allowance

 

16.5.1.            An employee who, by agreement with the Department, uses their own motor vehicle in performing their duties will receive an allowance for a motor car and motorcycle specified in Item 5 of Schedule 2 - Allowances.

 

16.6.   Travel time and travel allowance

 

16.6.1.            Clause 16.6 applies to an employee who is required by the employer to travel from one workplace to another.

 

16.6.2.            The employee shall receive, for the time spent travelling between workplaces, pay at the rate applicable at the time as if they were working.

 

16.6.3.            The employer is responsible for, and must pay, all fares associated with travelling between workplaces.

 

Section 6. Overtime and Penalty Rates

 

17.  Overtime

 

17.1.   A full-time employees additional 0.4 hours per day does not attract payment for overtime as per clause 12.1.2. All time worked in excess of 8 hours per day or 40 hours in any week by a full-time employee is overtime.

 

17.2.   All time worked in excess of 7.6 hours per day, five days per week or 38 hours in any week by a part-time employee or casual employee is overtime.

 

Note: part-time employees can accrue an RDO in accordance with clause 12 Ordinary hours of work.

 

17.3.   Reasonable overtime

 

17.3.1.            The Department may require an employee to work reasonable overtime hours at overtime rates.

 

17.3.2.            An employee may refuse to work overtime hours if they are unreasonable.

 

17.3.3.            In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 17, the following must be taken into account:

 

a.         any risk to employee health and safety from working the additional hours;

 

b.        the employee's personal circumstances, including family responsibilities;

 

c.         the needs of the workplace in which the employee is employed;

 

d.        whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

 

e.         any notice given by the employer of any request or requirement to work the additional hours;

 

f.         any notice given by the employee of their intention to refuse to work the additional hours;

 

g.        the usual patterns of work in the school or workplace, in which the employee works;

 

h.        the nature of the employee's role, and the employee's level of responsibility;

 

i.         any other relevant matter.

 

17.4.   Overtime will be paid in accordance with the following rates:

 

Column 1	Column 2 Overtime rate % of minimum hourly rate	Column 3 Overtime rate % of minimum hourly rate
Overtime worked on	Full-time and part-time employees	Casual employees (includes casual loading)
Monday to Saturday-first 2 hours	150	175
Monday to Saturday-after 2 hours	200	225
Sunday all day	200	225
Public holiday all day	250	275

 

17.5.   In calculating overtime payments, overtime worked on any day stands alone from overtime worked on any other day.

 

18.  Recall to Duty

 

18.1.   This clause applies to an employee who, following the completion of their ordinary hours, is recalled to work overtime at any workplace of the employer after leaving the employer’s premises. 

 

18.2.   The employer must pay the employee for a minimum 2 hours at the overtime rate even if the employee is required by the employer to work for a shorter time. 

 

18.3.   The interval between completing ordinary hours and beginning overtime does not count as time worked.

 

19.  Penalty Rates for Shift Work

 

19.1.   Clause 19 sets out penalty rates for hours worked at specified times or on specified days that are not required to be paid at the overtime rate mentioned in clause 17 Overtime.

 

19.2.   An employee shall receive the following Penalty Rates for hours worked during a period, or on a day, specified in column 1:

 

Period or day	Column 2 Full-time employees	Column 3 Part-time employees	Column 4 Casual employees
	% of minimum hourly rate	% of minimum hourly rate (inclusive of part-time allowance)	% of minimum hourly rate (inclusive of casual loading)
Monday to Friday shift that starts before 6.00 am or finishes after 6.00 pm excluding a public holiday	115% for entire shift (other than overtime)	130% for entire shift (other than overtime)	140% for entire shift (other than overtime)
Any shift that finishes after midnight but no later than 8.00 am and does not rotate or alternate with another shift or day work excluding hours on a day that is a public holiday	130% for all hours worked	130% for all hours worked	155% for all hours worked
All hours from midnight Friday to midnight Saturday	150%	165%	175%
All hours from midnight Saturday to midnight Sunday	200%	215%	225%
All hours on a public holiday	250%	265%	275%

 

Section 7. Leave

 

20.  Recreation Leave

 

20.1.   Accrual

 

20.1.1.            Except where stated otherwise in this Award, paid recreation leave for full-time employees and recreation leave for employees working part-time, accrues at the rate of 20 working days per year. Employees working part-time will accrue paid recreation leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

 

20.1.2.            Additional recreation leave, at the rate of 5 days per year, accrues to an employee, employed in terms of the Act, who is stationed indefinitely in a remote area of the State, being the Western and Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913 (NSW) before its repeal.

 

20.1.3.            Employees who are defined as a Shift Worker in clause 2 Definitions are entitled to 5 days additional recreation leave per year.

 

20.1.4.            Recreation leave accrues from day to day.

 

20.2.   Miscellaneous

 

20.2.1.            Where work is undertaken in schools/TAFE, recreation leave will be taken during the vacation periods as determined by the Department.

 

20.2.2.            Unless a local arrangement has been negotiated between the Department and the Union, recreation leave is not to be granted for a period less than 2 hours per day or in other than multiples of a 2 hours per day.

 

20.2.3.            Recreation leave for which an employee is eligible on cessation of employment is to be calculated to a quarter day (fractions less than a quarter being rounded up).

 

20.2.4.            Recreation leave does not accrue to an employee in respect of any period of absence from duty without leave or without pay, except as specified in paragraph 20.2.5. of this subclause.

 

20.2.5.            Recreation leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987 (NSW); or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full-time working days, or their part-time equivalent, in any period of 12 months.

 

20.2.6.            The proportionate deduction to be made in respect of the accrual of recreation leave on account of any period of absence referred to in paragraph 20.2.5. of this subclause will be calculated to an exact quarter-day (fractions less than a quarter being rounded down).

 

20.2.7.            Recreation leave accrues at half its normal accrual rate during periods of extended leave on half pay or recreation leave taken on half pay.

 

20.2.8.            Recreation leave may be taken on half pay in conjunction with and subject to the provisions applying to adoption, maternity or parental leave - see clause 23 Parental Leave, of this Award.

 

20.2.9.            On cessation of employment, an employee is entitled to be paid, the monetary value of accrued recreation leave which remains untaken.

 

20.2.10.          An employee to whom paragraph 20.2.9. of this subclause applies may elect to take all or part of accrued recreation leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.

 

20.2.11.          Death - Where an employee dies, the monetary value of recreation leave accrued and remaining untaken as at the date of death, will be paid to the employee’s nominated beneficiary, or to the estate of the deceased employee.

 

20.3.   Recreation leave does not accrue during leave without pay other than:

 

20.3.1.            Military leave taken without pay when paid military leave entitlements are exhausted;

 

20.3.2.            Absences due to natural emergencies or major transport disruptions, when all other paid leave is exhausted;

 

20.3.3.            Any continuous period of sick leave taken without pay when paid sick leave is exhausted;

 

20.3.4.            Incapacity for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998 (NSW); or

 

20.3.5.            Periods which, when aggregated, do not exceed 5 working days in any period of 12 months.

 

21.  Annual Leave Loading

 

21.1.   Employees are entitled to be paid an annual leave loading as set out in this subclause. Subject to the provisions set out in subclauses 21.2 to 21.5 of this clause, the annual leave loading will be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a leave year.

 

21.2.   Loading on additional leave accrued - Where additional leave is accrued by an employee:

 

21.2.1.            As compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading will be calculated on the actual leave accrued or on five weeks, whichever is the lower.

 

21.2.2.            If stationed in an area of the State of New South Wales which attracts a higher rate of annual leave accrual, the annual leave loading will continue to be paid on a maximum of 4 weeks leave.

 

21.3.   Shift workers - Shift workers proceeding on recreation leave are eligible to receive the more favourable of:

 

21.3.1.            The shift penalty rates which they would have received had they not been on recreation leave; or

 

21.3.2.            17½% annual leave loading.

 

21.4.   Leave year - For the calculation of the annual leave loading, the leave year will commence on 1 December each year and will end on 30 November of the following year.

 

21.5.   Payment of annual leave loading - Payment of the annual leave loading will be made on the recreation leave accrued during the previous leave year and will be subject to the following conditions:

 

21.5.1.            Annual leave loading will be paid on the first occasion in a leave year, other than the first leave year of employment, when an employee takes at least two (2) consecutive weeks recreation leave.

 

21.5.2.            Where an employee does not have at least 2 weeks recreation leave available, the employee may use a combination of recreation leave and any of the following: public holidays, extended leave, leave without pay, time off in lieu, rostered day off. The employee will be paid the annual leave loading for such period, provided the absence is at least 2 weeks.

 

21.5.3.            If at least two weeks leave, as set out in paragraph 21.5.1 of this subclause, is not taken in a leave year, then the payment of the annual leave loading entitlement for the previous leave year will be made to the employee as at 30 November of the current year.

 

21.5.4.            While annual leave loading will not be paid in the first leave year of employment, it will be paid on the first occasion in the second leave year of employment when at least two weeks’ leave, as specified in paragraph 21.5.1 of this subclause, is taken.

 

21.5.5.            An employee who has not been paid the annual leave loading for the previous leave year, will be paid such annual leave loading on resignation, retirement or termination by the employer for any reason other than the employee's serious and intentional misconduct.

 

21.5.6.            Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.

 

22.  Sick Leave / Carer’s Leave

 

22.1.   Illness in this clause means physical or psychological illness or injury, medical treatment and the period of recovery or rehabilitation from an illness or injury.

 

22.2.   Payment for sick leave is subject to the employee:

 

22.2.1.            Informing their supervisor as soon as reasonably practicable that they are unable to perform duty because of illness; and

 

22.2.2.            Providing evidence of illness as soon as practicable.

 

22.3.   Evidence of illness will not be required for absences of less than three shifts. Evidence may be in the form of a medical certificate or a statutory declaration.

 

22.4.   If the Secretary or delegate is satisfied that an employee is unable to perform duty because of the employee's illness or the illness of their family member, the Secretary or delegate:

 

22.4.1.            Will grant to the employee sick leave on full pay; and

 

22.4.2.            May grant to the employee, sick leave without pay if the absence of the employee exceeds the entitlement of the employee under this Award to sick leave on full pay.

 

22.5.   For the purposes of clause 22 Sick Leave / Carer’s Leave, a family member includes:

 

22.5.1.            A spouse of the employee; or

 

22.5.2.            A de facto spouse being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

22.5.3.            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 or legal guardian), grandparent, grandchild or sibling of the employee or of the spouse or de facto spouse of the employee; or

 

22.5.4.            A same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or a relative of the employee who is a member of the same household, where for the purposes of this definition: -

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

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

 

22.6.   The Secretary or delegate may direct an employee to participate in a return to work program if the employee has been absent on a long period of sick leave.

 

22.7.   Employees will accrue sick leave as follows:

 

22.7.1.            At the commencement of employment with the Department, a full-time employee is granted an accrual of 5 days sick leave. 

 

22.7.2.            After the first four months of employment, the employee will accrue sick leave at the rate of 10 working days per year for the balance of the first year of service.

 

22.7.3.            After the first year of service, the employee will accrue sick leave day to day at the rate of 15 working days per year of service.

 

22.7.4.            All continuous service as an employee in the NSW public service will be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service will be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

22.7.5.            Notwithstanding the provisions of paragraph 22.7.4 of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of Part 3, Division 2 Cross-government sector leave arrangements of the Government Sector Employment Regulation 2014 (NSW).

 

22.7.6.            Sick leave without pay will count as service for the accrual of recreation leave and paid sick leave.  In all other respects sick leave without pay will be treated in the same manner as leave without pay.

 

22.7.7.            When determining the amount of sick leave accrued, sick leave granted on less than full pay, will be converted to its full pay equivalent.

 

22.7.8.            Paid sick leave will not be granted during a period of unpaid leave.

 

22.8.   Payment during the initial 3 months of service - Paid sick leave which may be granted to an employee, in the first 3 months of service will be limited to 5 days paid sick leave, unless the Secretary or delegate approves otherwise. 

 

23.  Parental Leave

 

23.1.   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.

 

23.2.   Summary of parental leave provisions:

 

Leave	Paid leave	Unpaid leave	Total leave
Parental Leave	14 weeks for a parent with caring responsibility associated with the birth, adoption, altruistic surrogacy or ongoing placement arrangement of a child	38 weeks	52 weeks
Bonus Paid Parental Leave	2 weeks for single parents or when both parents have taken any Paid Parental Leave offered by their employers		2 weeks
Special Pre-Term Birth Leave	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		From birth to the end of 36 weeks
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		14 weeks for the employee who gave birth   2 weeks for an employee whose partner gave birth
Requests to extend leave or return part-time		52 weeks	52 weeks

 

23.3.   Definitions

 

23.3.1.            For the purpose of this clause:

 

Altruistic Surrogacy	means a surrogacy arrangement as defined in the Surrogacy Act 2010 (NSW) and must not be a commercial surrogacy arrangement.
Caring responsibility	means a person who meets the child’s physical needs, including feeding, dressing, bathing and otherwise supervising the child.
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.
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.
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.
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).
Full-term birth	means the birth of a live child from 37 weeks.
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.
Legal surrogate	means the birth mother in a surrogacy arrangement as defined in the Surrogacy Act 2010 (NSW).
Miscarriage	means a pregnancy that ceases before 20 weeks or where the number of weeks is unknown, or the baby weighed less than 400g.
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.
Partner	means a spouse, de facto partner, former spouse or former de facto partner.
Pre-term birth	means the birth of a live child before 37 weeks.
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.

 

24.  Paid Parental Leave

 

24.1.   Employees are entitled to up to 14 weeks Paid Parental Leave if:

 

24.1.1.            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 

 

24.1.2.            they have or will have caring responsibility for the child (or children), or

 

24.1.3.            the employee is a legal surrogate and has or will have completed at least 40 weeks continuous service at the expected date of birth.

 

24.2.   Paid Parental Leave must be taken within 24 months of the date of birth, adoption or altruistic surrogacy or ongoing placement.

 

24.3.   Pregnant employees may start Paid Parental Leave up to 9 weeks before their expected date of birth.

 

24.4.   Employees who are eligible for paid parental leave in accordance with 24.1 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. 

 

24.5.   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.

 

24.6.   An employee is entitled to Bonus Paid Parental Leave, where it can be demonstrated that their partner:

 

24.6.1.            has or will have exhausted the paid parental leave provided by their employer, or

 

24.6.2.            has no access to employer paid parental leave.

 

24.7.   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.

 

24.8.   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).

 

24.9.   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.

 

25.  Unpaid Parental Leave

 

25.1.   In addition, an employee is entitled to unpaid parental leave where:

 

25.1.1.            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

 

25.1.2.            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

 

25.1.3.            the employee is a legal surrogate who gives birth.

 

25.2.   Subject to this clause the employee shall be entitled to be granted unpaid parental leave as follows:

 

25.2.1.            for a pregnant employee, a period up to 9 weeks prior to the expected date of birth; and

 

25.2.2.            for all eligible employees, a further period of up to 12 months after the actual date of birth.

 

25.3.   An employee on parental leave does not have to return to work to access a further period of parental leave.

 

25.4.   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 clause 26.12.1.

 

26.  Calculation of Paid Parental Leave

 

26.1.   Paid Parental Leave including bonus parental leave is calculated at the employee’s ordinary rate of pay at the time they take leave. 

 

26.2.   Paid Parental Leave may be paid:

 

26.2.1.            advance as a lump sum;

 

26.2.2.            fortnightly as normal;

 

26.2.3.            fortnightly at half pay; or

 

26.2.4.            as a combination of full and half pay.

 

26.3.   A full-time employee who is on part-time leave without pay when they start parental leave is paid:

 

26.3.1.            at the full-time rate if they began part-time leave 40 weeks or less before starting parental leave; or

 

26.3.2.            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

 

26.3.3.            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.

 

26.4.   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: 

 

26.4.1.            at the full-time or part-time rate, they received before starting the initial leave if they have not returned to work; or

 

26.4.2.            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

 

26.4.3.            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.

 

26.5.   Concurrency of Paid Parental Leave

 

26.5.1.            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 clause 26.6.

 

26.6.   Flexibility for taking Paid Parental Leave

 

26.6.1.            An employee may request to use their Paid Parental Leave entitlement in ways other than a single continuous period. The Department will consider this request based on operational requirements and the employee’s personal and family circumstances. 

 

26.6.2.            Employees in the same NSW Government Sector workplace may also request to take more than four weeks of parental leave concurrently.

 

26.6.3.            The Department may refuse a request on reasonable grounds based on the effect on the Department’s workplace including but not limited to:

 

a.         that the new working arrangements requested would be too costly for the Department;

 

b.        that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

 

c.         that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

 

d.        that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; or

 

e.         that the new working arrangements requested would be likely to have a significant negative impact on customer service.

 

26.6.4.            The Department will consider and respond to the request in writing within 21 days.

 

26.6.5.            If the Department 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.

 

26.7.   Other accrued leave in conjunction with parental leave

 

26.7.1.            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.

 

26.7.2.            An employee may take available recreation leave at half pay with parental leave provided that:

 

a.         recreation leave at half pay is taken within the period of parental leave;

 

b.        the total period of parental leave is not extended beyond 24 months by the taking of recreation leave at half pay;

 

c.         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.

 

26.8.   Pregnancy related illness and alternative duties

 

26.8.1.            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.

 

26.8.2.            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 must consult with the employee and take all reasonable steps to arrange safer alternative duties or adjustments.

 

26.8.3.            Safer alternative duties or adjustments include but are not limited to:

 

a.         having flexible working arrangements for when and where the employee performs their duties;

 

b.        changing duties temporarily;

 

c.         retraining;

 

d.        multiskilling;

 

e.         redesigning their role.

 

26.8.4.            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 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.

 

26.9.   Further periods of parental leave

 

26.9.1.            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. 

 

26.9.2.            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. 

 

26.9.3.            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.

 

26.10. Leave for a pre-term birth

 

26.10.1.          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. 

 

26.10.2.          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.

 

26.10.3.          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.

 

26.10.4.          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 clause 24 and clause 25.

 

26.10.5.          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 clause 24.

 

26.10.6.          Employees cannot take paid Special Pre-Term Leave concurrently with any other form of leave.

 

26.10.7.          When accessing paid Special Pre-Term Parental Leave, the employee must notify the Department as soon as practicable of:

 

a.         the amount of leave required; and

 

b.        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.

 

26.10.8.          To access paid Special Pre-Term Parental Leave, the employee may need to provide evidence, such as:

 

a.         a medical certificate showing the expected date of birth; or

 

b.        a statutory declaration or medical certificate confirming caring responsibility; or

 

c.         a medical certificate or a birth certificate showing the child’s actual date of birth.

 

26.11. Leave for a stillbirth

 

26.11.1.          A employee who gives birth to a stillborn child has access to paid parental leave in accordance with clause 24 or may elect to take available sick leave.

 

26.11.2.          Where an employee’s partner gives birth to a stillborn child the employee can access two weeks Paid Parental Leave.

 

26.12. Leave prior to an adoption

 

26.12.1.          In addition to the paid parental leave available at clause 24, 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.

 

26.12.2.          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.

 

26.13. Right to request extension of unpaid parental leave and part-time return to work

 

26.13.1.          To assist employees with parental responsibilities, an employee who has been granted parental leave in line with clause 24, Paid Parental Leave, can apply to the Department to:

 

a.         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

 

b.        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).

 

26.13.2.          An employee intending to apply to return from parental leave part-time (in line with clause 26.13.1) must write to the Department 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 agrees. 

 

26.13.3.          The Department will consider the request and the employee’s circumstances and respond in writing. The Department can only refuse the request on reasonable grounds based on the effect on the workplace or the Department’s business. This could include:

 

a.         that the new working arrangements requested would be too costly for the Department;

 

b.        that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

 

c.         that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

 

d.        that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; or

 

e.         that the new working arrangements requested would be likely to have a significant negative impact on customer service.

 

26.13.4.          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.  

 

26.13.5.          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).

 

26.14. Returning to work

 

26.14.1.          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. 

 

26.14.2.          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. 

 

26.14.3.          An employee does not have the right to their former role if they return to work part-time. If the Department 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.

 

26.15. Notice requirements 

 

26.15.1.          The Department 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.

 

26.15.2.          An employee who is an intended parent in an altruistic surrogacy arrangement must notify the Department at least 8 weeks before the expected due date. The employee must give the Department a copy of the pre-conception surrogacy altruistic surrogacy agreement. This agreement is provided for in the Surrogacy Act 2010 (NSW) and can be redacted as necessary to protect non-employees’ privacy.

 

26.15.3.          To access parental leave, an employee must give the Department written notice, eight weeks or as soon as practicable, before the expected start of their parental leave, of:

 

a.         their intention to take leave; and

 

b.        the child’s expected date of birth, adoption, altruistic surrogacy or ongoing placement; and

 

c.         the employee’s role as carer of their child for the parental leave period.

 

26.15.4.          At least four weeks before the expected commencement of parental leave, the employee must advise the Department of:

 

a.         the date they intend to start parental leave; and

 

b.        the date they expect to return to work.

 

26.15.5.          Once an employee or their partner gives birth, they must notify the Department of the date of birth as soon as convenient. 

 

26.15.6.          If an employee changes their intentions because of a pre-term birth or stillbirth, they must notify the Department as soon as practicable. 

 

26.15.7.          Before and during Paid Parental Leave, an employee must notify the Department of any changes to their circumstances that might affect their eligibility for this leave as soon as possible. 

 

26.16. Evidence Requirements

 

26.16.1.          To access Paid Parental Leave, the employee must provide evidence of the birth, adoption, altruistic surrogacy or ongoing placement arrangement:

 

a.         for a birth related leave, a medical or birth certificate showing the child’s expected or actual date of birth;

 

b.        for adoption related leave, an integrated birth certificate or certificate of adoption;

 

c.         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 (NSW). 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;

 

d.        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 clause 23.3.1.  A copy of the legal order as defined in clause 23.3.1 (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. 

 

26.16.2.          To access bonus paid parental leave Department may require evidence of this such as:

 

a.         documents from the partner’s employer; or

 

b.        a statutory declaration from the employee. 

 

26.17. Communication requirements

 

26.17.1.          Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Department will take reasonable steps to:

 

a.         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

 

b.        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. 

 

26.17.2.          The employee will take reasonable steps to inform the Department of any significant matter that will affect the employee’s decision about:

 

a.         the duration of parental leave;

 

b.        whether they intend to return to work; and

 

c.         whether they intend to request to return to work part-time. 

 

26.17.3.          The employee will notify the Department of any changes to their address and contact details which may affect the Department’s capacity to comply with clause 26.17.1.

 

26.18. Leave related to miscarriage and fertility treatment

 

26.18.1.          Leave for a miscarriage 

 

a.         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.

 

b.        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.

 

c.         When accessing paid Special Miscarriage Leave, the employee must notify the Department as soon as reasonably practicable of:

 

i.         the amount of leave required; and

 

ii.        the anticipated date of return to duty.

 

d.        To access paid Special Miscarriage Leave an agency may request evidence, such as:

 

i.         a medical certificate; or 

 

ii.        an early loss certificate from the NSW Registry of Births, Deaths and Marriages. 

 

26.18.2.          Leave for fertility treatment 

 

a.         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.

 

b.        Special Fertility Treatment Leave does not accumulate, and employees may take it in:

 

i.         part days

 

ii.        single days

 

iii.       consecutive days.

 

c.         Paid Special Fertility Treatment Leave is not available to the partner of the person undergoing fertility treatment.

 

d.        When accessing paid Special Fertility Treatment Leave, the employee must notify the Department as soon as is reasonably practicable of:

 

i.         the amount of leave required, and

 

ii.        when they expect to return to work. 

 

e.         To access paid Special Fertility Treatment Leave, the employee may need to provide a medical certificate that confirms the treatment.

 

27.  Bereavement Leave for Casual Employees

 

27.1.   Casual employees 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 (if required by the employer).

 

27.2.   The Secretary or delegate and the casual employee will 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 two-days of unpaid bereavement leave, which can be taken as a single continuous two-day period, two separated periods of one day each or any separate periods as agreed with the Secretary of delegate per occasion. 

 

27.3.   The Department must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. 

 

27.4.   The casual employee must, as soon as reasonably practicable inform the supervisor of their inability to attend for duty. 

 

28.  Family and Community Service Leave

 

28.1.   For the purpose of this clause, the definition of "family" or "relative" in this clause means a person related by blood, marriage, affinity or Aboriginal kinship structures.

 

28.2.   The Secretary or delegate will grant family and community service (FACS) leave to an employee for unplanned and emergency family situations or other emergencies that may include but are not limited to the following: -

 

28.2.1.            On compassionate grounds - such as the death or illness of a close member of the family or a member of the employee's household;

 

28.2.2.            Emergency accommodation matters up to one day - such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

28.2.3.            Emergency or weather conditions - such as when flood, fire, snow or disruption to utility services etc, threatens an employee’s property and/or prevents an employee from reporting for duty;

 

28.2.4.            Attending to unplanned or unforeseen family responsibilities - such as attending child's school for an emergency reason or emergency cancellations by child care providers;

 

28.2.5.            Attendance at court by an employee to answer a charge for a criminal offence, only if the Secretary or delegate considers the granting of FACS to be appropriate in a particular case.

 

28.3.   The Secretary or delegate may also grant FACS leave for:

 

28.3.1.            an absence during normal working hours to attend meetings, conferences or to perform other duties, for employees holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the employee does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council; and

 

28.3.2.            attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for employees who are selected to represent Australia or the State.

 

28.4.   Non-emergency appointments or duties will be scheduled or performed outside of normal working hours or through approved use of flexible working arrangements or other appropriate leave. 

 

28.5.   FACS leave will accrue as follows:

 

28.5.1.            two and a half days in the employee’s first year of service;

 

28.5.2.            two and a half days in the employee’s second year of service; and

 

28.5.3.            one day per year thereafter.

 

28.6.   Where FACS leave is exhausted as a result of natural disasters, the Secretary will consider applications for additional FACS leave, if some other emergency arises.

 

28.7.   Where FACS leave is exhausted, on the death of a family member or relative, additional paid FACS leave of up to 2 days may be granted on a discrete, per occasion basis to an employee.

 

28.8.   In cases of illness of a family member for whose care and support the employee is responsible, paid sick leave will be granted when paid FACS leave has been exhausted or is unavailable.

 

28.9.   A Department may also grant employees other forms of leave such as accrued recreation leave, time off in lieu, and so on for FACS leave purposes.

 

29.  Leave Without Pay

 

29.1.   The Secretary or delegate may grant leave without pay to an employee if good and sufficient reason is shown.

 

29.2.   Leave without pay may be granted on a full-time or a part-time basis.

 

29.3.   Where an employee is granted leave without pay for a period not exceeding 10 consecutive working days, the employee will be paid for any proclaimed public holidays falling during such leave without pay.

 

29.4.   Where an employee is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave will count as service for incremental progression and accrual of recreation leave.

 

29.5.   An employee who has been granted leave without pay must not engage in employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Secretary or delegate.

 

29.6.   An employee will not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the employee elects to combine all or part of accrued paid leave with leave without pay, the paid leave must be taken before leave without pay.

 

29.7.   No paid leave will be granted during a period of leave without pay unless otherwise provided in this Award.

 

30.  Special Leave

 

30.1.   Special Leave - Jury Service

 

30.1.1.            An employee must, as soon as possible, notify the Secretary or delegate of the details of any jury summons served on the employee.

 

30.1.2.            An employee must provide a certificate of attendance to the Secretary or delegate if they are required to attend court to answer a jury summons during a period they would otherwise be at work. The certificate should contain the period of attendance and the details of any payments made to the employee under section 72 of the Jury Act 1977 (NSW) in respect of any such period.

 

30.1.3.            When a certificate of attendance on jury service is received in respect of any period during which an employee was required to be on duty, the Secretary will grant, special leave on full pay for the period. In any other case, the Department will grant, at the sole election of the employee, available recreation leave on full pay, flex leave or leave without pay.

 

30.2.   Witness at Court - Official Capacity - When an employee is subpoenaed or called as a witness in an official capacity, the employee will be regarded as being on duty. Salary and any expenses properly and reasonably incurred by the employee in connection with the employee’s appearance at court as a witness in an official capacity will be paid by the Department.

 

30.3.               Witness at Court - Other than in Official Capacity - Crown Witness - An employee who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) will:

 

30.3.1.            be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

30.3.2.            pay into the Treasury of the State of New South Wales all money paid to the employee under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

30.3.3.            Union witness - an employee called by the Union to give evidence before an Industrial Tribunal or in another jurisdiction will be granted special leave by the Department for the required period.

 

30.4.   Called as a witness in a private capacity - An employee who is subpoenaed or called as a witness in a private capacity will, for the whole of the period necessary to attend as such a witness, be granted at the employee's election, available recreation leave on full pay or leave without pay.

 

30.5.   Special Leave - Examinations -

 

30.5.1.            Special leave on full pay up to a maximum of 5 days in any one year will be granted to employees for the purpose of attending at any examination approved by the Secretary or delegate.

 

30.5.2.            Special leave granted to attend examinations will include leave for any necessary travel to or from the place at which the examination is held.

 

30.5.3.            If an examination for a course of study is held during term or semester within the normal class timetable and study time has been granted to the employee, no further leave is granted for any examination.

 

30.6.   Special Leave - Union Activities - Special leave on full pay may be granted to employees who are accredited Union delegates to undertake Union activities as provided for in clause 40, Trade Union Activities Regarded as Special Leave of this Award.

 

30.7.   Return Home When Temporarily Living Away from Home - Sufficient special leave will be granted to an employee who is temporarily living away from home as a result of work requirements. The employee will be granted sufficient special leave once a month before or after a weekend or a long weekend or, in the case of a shift worker before or after rostered days off to return home to spend two days and two nights with the family. If the employee wishes to return home more often, such employee may be granted recreation leave, extended leave or leave without pay, if the operational requirements allow.

 

30.8.   Return Home When Transferred to New Location - Special leave will be granted to an employee who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award.

 

30.9.   An employee who identifies as an Indigenous Australian will be granted up to one day special leave per year to enable the employee to participate in the National Aborigines and Islander Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC week, or in the weeks leading up to and after NAIDOC week as negotiated between the supervisor and employee.

 

30.10. Special Leave - Other Purposes - Special leave on full pay may be granted to employees by the Secretary or delegate for such other purposes, subject to the conditions specified in the Public Service Industrial Relations Guide at the time the leave is taken.

 

31.  Extended Leave

 

31.1.   Extended leave entitlements generally

 

31.1.1.            After service for 7 years or more but not more than 10 years, a Public Service employee is entitled to extended leave, proportionate to his or her length of service, calculated at the rate of -

 

a.         2 months on full pay, or

b.        4 months on half pay, or

c.         one month on double pay,

 

for 10 years served.

 

31.1.2.            After service for more than 10 years, a Public Service employee is entitled to extended leave under subclause 31.1.1 in respect of the first 10 years and additional extended leave, proportionate to his or her length of service, calculated at the rate of -

 

a.         5 months on full pay, or

b.        10 months on half pay, or

c.         2.5 months on double pay,

 

for each 10 years served after the first 10 years.

 

31.1.3.            For the purposes of this clause, service includes any period of leave without pay taken before 13 December 1963.

 

31.2.   Entitlement to extended leave if employment terminated in special circumstances

 

31.2.1.            This clause applies to a Public Service employee with at least 5 years’ service but less than 7 years’ service whose services are terminated-

 

a.         by the employee for reasons of illness, incapacity or domestic or other pressing necessity, or

 

b.        by the employer for reasons other than for misconduct.

 

31.2.2.            The Public Service employee is entitled to -

 

a.         for 5 years’ service-one month’s leave on full pay, and

 

b.        for further service in excess of 5 years-additional leave proportionate to the employee’s length of service (up to but not including 7 years), calculated at the rate of 3 months’ leave for 15 years’ service.

 

31.2.3.            For the purposes of this clause, service does not include any period of leave without pay, whether taken before, on or after 13 December 1963.

 

31.3.   Payment of accrued leave on termination of employment

 

31.3.1.            If a Public Service employee has acquired a right to extended leave and his or her services are terminated, the employee may not take the extended leave but is instead to be paid the money value of the extended leave.

31.3.2.            Any pension to which any such Public Service employee is entitled under the Superannuation Act 1916 commences from and including the date on which the employee’s extended leave, if taken, would have commenced.

 

31.4.   Leave to be paid out to dependants in cases of death

 

31.4.1.            If a Public Service employee has acquired a right to extended leave and dies before starting it, or after starting it dies before completing it-

 

a.         the employee’s spouse, or

 

b.        if there is no such spouse, the employee’s children, or

 

c.         if there is no such spouse or child, the person who, in the opinion of the agency head, was, at the time of the employee’s death, a dependent relative of the employee,

 

is entitled to receive the money value of the extended leave not taken or not completed.

 

31.4.2.            If a Public Service employee with at least 5 years’ service but less than 7 years’ service dies -

 

a.         the employee’s spouse, or

 

b.        if there is no such spouse, the employee’s children, or

 

c.         if there is no such spouse or child, the person who, in the opinion of the agency head, was, at the time of the employee’s death, a dependent relative of the employee,

 

is entitled to receive the money value of the extended leave that would have accrued to the employee had his or her services terminated as referred to in clause 31.3.1.

 

31.4.3.            If there is a guardian of any child referred to in subclause 31.4.1.b or 31.4.2.b, the payment to which the child is entitled may be made to the child’s guardian for the child’s maintenance, education and advancement.

 

31.4.4.            If-

 

a.         no person is entitled to receive a payment under subclause 31.4.1 or 31.4.2, or

 

b.        it appears to the agency head that more than one person is entitled as a spouse to a payment under subclause 31.4.1 or 31.4.2,

 

the payment must instead be made to the employee’s personal representatives.

 

31.4.5.            Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.

 

31.4.6.            In this clause, spouse of a Public Service employee includes a de facto partner of the employee at the time of his or her death.

 

31.4.7.            De facto partner is defined in section 21C of the Interpretation Act 1987 (NSW).

 

31.5.   Calculation of money value of extended leave

 

31.5.1.            For the purpose of calculating the amount of an entitlement under this Schedule, the money value of extended leave accrued or payable to a Public Service senior executive is to be determined on the basis of the persons notional salary within the meaning of clause 29 (Annual leave) of the Government Sector Employment Regulation 2014 (NSW).

 

31.6.   Certain periods to be disregarded

 

31.6.1.            Any period during which a Public Service employee is not employed, as referred to in clause 3 (2) of Schedule 2 of the Government Sector Employment Regulation 2014 (NSW), is to be disregarded for the purpose of calculating his or her extended leave entitlement.

 

31.7.   Leave entitlement reduced by leave already taken or paid out

 

31.7.1.            The following amounts of extended leave are to be deducted from a Public Service employee’s extended leave entitlement -

 

a.         for each period of extended leave taken on full pay-the number of days (or parts of a day) so taken,

 

b.        for each period of extended leave taken on half pay-half the number of days (or parts of a day) so taken,

 

c.         for each period of extended leave taken on double pay-twice the number of days (or parts of a day) so taken,

 

d.        for each period of extended leave in respect of which the employee has been paid the money value-the number of days of extended leave on full pay that is equivalent to the money paid.

 

31.7.2.            If a public holiday occurs while a Public Service employee is taking extended leave, the amount of extended leave to be deducted is to be reduced by the length of the holiday (one day or half a day, as the case requires).

 

31.7.3.            In subclause 31.7.2, public holiday means any special or public holiday for which the Public Service employee is entitled to payment.

 

31.8.   Extended leave may be postponed for employees not employed in ongoing employment

 

31.8.1.            If, in the case of a Public Service employee who is not employed in ongoing employment, the period of extended leave to which the employee is entitled under this Schedule exceeds the period for which the employee is employed in the Public Service, the balance of the period of extended leave may be taken during subsequent periods of employment in the Public Service, but only if each subsequent period of employment commences on the termination of a previous period of employment in the Public Service.

 

32.  Military Leave

 

32.1.   During the period of 12 months commencing on 1 July each year, Secretary or delegate may grant to an employee who is a volunteer part-time member of the Australian Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction or compulsory parades conducted by the employee’s unit.

 

32.2.   In accordance with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to prevent an employee from rendering or volunteering to render, ordinary Defence Reserve Service.

 

32.3.   Up to 24 working days military leave per financial year may be granted by the Secretary or delegate to members of the Naval and Military Reserves and up to 28 working days per financial year to members of the Air Force Reserve for the activities specified in subclause 32.1 of this clause.

 

32.4.   Secretary or delegate may grant an employee special leave of up to 1 day to attend medical examinations and tests required for acceptance as volunteer part-time members of the Australian Defence Forces.

32.5.   An employee who is requested by the Australian Defence Forces to provide additional military services requiring leave in excess of the entitlement specified in subclause 32.3 of this clause may be granted Military Leave Top Up Pay by the Secretary or delegate

 

32.6.   Military Leave Top Up Pay is calculated as the difference between an employee’s ordinary pay as if they had been at work, and the Reservist’s pay which they receive from the Commonwealth Department of Defence.

 

32.7.   During a period of Military Leave Top Up Pay, an employee will continue to accrue sick leave, recreation and extended leave entitlements, and the Department will continue to make superannuation contributions at the normal rate.

 

32.8.   At the expiration of military leave in accordance with subclause 32.3 or 32.4 of this clause, the employee must provide to the Secretary or delegate a certificate of attendance and details of the employee’s reservist pay signed by the commanding officer or other responsible officer.

 

33.  Domestic and Family Violence Leave

 

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.

 

33.1.   An intimate relationship refers to people who are or have been in an intimate partnership, whether or not the relationship involves or has involved a sexual relationship, for example, married, engaged to be married, separated, divorced, de facto partners, couple promised to each other under cultural or religious tradition, or who are dating.

 

33.2.   A family relationship has a broader definition and includes people who are related to another through blood, marriage or de facto partnerships, adoption and fostering relationships, sibling, and extended family relationships. It includes the full range of kinship ties in Aboriginal and Torres Strait Islander communities, and extended family relationships. People living in the same house may also be in a domestic relationship if their relationships exhibit dynamics which may foster coercive and abusive behaviours. 

 

33.3.   Examples of behaviours that constitute domestic and family violence include but are not limited to:

 

33.3.1.            physical and sexual violence;

 

33.3.2.            verbal abuse;

 

33.3.3.            emotional or psychological abuse;

 

33.3.4.            stalking and intimidation;

 

33.3.5.            technology facilitated abuse;

 

33.3.6.            social and geographical isolation;

 

33.3.7.            financial abuse;

 

33.3.8.            cruelty to pets;

 

33.3.9.            damage to property; or

 

33.3.10.          threats to be violent in the above ways.

 

33.4.   Leave for Matters arising from Domestic and Family Violence 

 

33.4.1.            The definition of domestic violence is in clause 33 of this Award. 

 

33.4.2.            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.

 

33.4.3.            Paid domestic and family violence leave is not pro-rata for part-time or casual employees.

 

33.4.4.            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.

 

33.4.5.            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.

 

33.4.6.            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.

 

33.4.7.            The leave entitlement can be accessed without the need to exhaust other available leave entitlements first.

 

33.4.8.            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. 

 

33.4.9.            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.

 

33.4.10.          Evidence provided by an employee should be sighted and must be returned to the employee. The evidence must not be retained by the employer or stored on the employee’s personnel file.

 

33.4.11.          The intent of paid domestic and family violence leave is to provide employees with the same remuneration as they would have received, inclusive of penalties that would have applied, if they did not take the leave. 

 

a.         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. 

 

b.        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. 

 

33.4.12.          Employers must keep personal information about domestic and family violence (including information about support provided by the Employer) confidential. This includes not recording instances of or information about domestic and family violence leave on:

 

a.         payslips, 

 

b.        the employee’s personnel file, or 

 

c.         rosters. 

 

33.4.13.          Any information regarding an employee’s experience of domestic or family violence, including any domestic and family violence leave or supports provided (under this clause or otherwise), can only be accessed by senior HR personnel or, with the employee’s consent, a relevant senior manager. 

 

33.4.14.          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. 

 

33.4.15.          The employer will provide support to an employee experiencing domestic and family violence, including but not limited to the provision of flexible working arrangements, including changing working times, work locations, telephone numbers and email addresses.

 

34.  Leave for Employees Providing Support to People Experiencing Domestic and Family Violence 

 

34.1.   Employees providing care and support to a member of their family or household experiencing domestic and family violence may, if the criteria is met, access existing leave entitlements including:

 

34.1.1.            Family and Community Service Leave (clause 28); or

 

34.1.2.            Sick Leave / Carer’s Leave (clause 22).

 

34.2.   The "family" or "household" member that the employee is providing care and support to must meet the definition of these terms, as referred to at:

 

34.2.1.            Clause 28 Family and Community Service Leave

 

34.2.2.            Clause 22 Sick Leave / Carer’s Leave

 

34.3.   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 22.3, or any other form of evidence that is considered acceptable by the employer such as a statutory declaration. 

 

34.4.   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.

 

Section 8. Required Clauses

 

35.  Consultation

 

35.1.   Consultation on major workplace change

 

35.1.1.            If the Department proposes to make a decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Department must:

 

a.         Give notice of the potential changes to all employees who may be affected by the proposed decision and their representatives (if any); and

 

b.        Discuss with affected employees and their representatives (if any):

 

i.         the details of the proposed change(s); and

 

ii.        the reasons for the proposed change(s); and

 

iii.       the likely impact on employees; and

 

iv.       the proposed implementation schedule (where relevant); and

 

v.        measures to mitigate or avoid the adverse effects of the changes on employees as a result of the proposed changes; and

 

c.         Commence discussions with employees and their representatives (if any) regarding the proposed decision as soon as practicable.

 

35.1.2.            For the purposes of the discussion under subclause 35.1.1.b the Department must give in writing to the affected employees and their representatives (if any) all relevant information about the proposed changes including:

 

a.         their nature; and

 

b.        their expected effect on employees; and

 

c.         any other relevant matters likely to affect employees.

 

35.1.3.            Clause 35.1.2 does not require the Department to disclose any confidential information if its disclosure would be contrary to the Department’s interests. The parties acknowledge the Department’s adherence to privacy and confidentiality requirements, with respect to information sharing and the provision of documents that may contain sensitive and / or legally privileged information.

 

35.1.4.            The Department must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under subclause 35.1.1.b.

 

35.1.5.            In clause 35 significant effects, on employees, includes any of the following:

 

a.         termination of employment; or

 

b.        major changes in the composition, operation or size of the Department’s workforce or in the skills required; or

 

c.         loss of, or reduction in, job or promotion opportunities; or

 

d.        loss of, or reduction in, job tenure; or

 

e.         alteration of hours of work; or

 

f.         the need for employees to be retrained or transferred to other work or locations; or

 

g.        job restructuring.

 

35.1.6.            Where this Award makes provision for alteration of any of the matters defined at clause 35.1.5, such alteration is taken not to have significant effect.

 

35.2.   Consultation about changes to rosters or hours of work

 

35.2.1.            Clause 35.2 applies if the Department proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

 

35.2.2.            The Department must consult with any employees affected by the proposed change and their representatives (if any).

 

35.2.3.            For the purpose of the consultation, the Department must:

 

a.         provide to the employees and representatives mentioned in clause 35.2.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

 

b.        invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

 

35.2.4.            The Department must consider any views given under subclause 35.2.3.b.

 

36.  Grievance and Dispute Resolution Procedure

 

36.1.   All grievances and disputes relating to the provisions of this Award will initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the Department, if required.

 

36.2.   An employee is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

36.3.   Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977 (NSW)) that makes it impractical for the employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Secretary or delegate.

 

36.4.   The immediate manager, or other appropriate employee, will convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

36.5.   If the matter remains unresolved with the immediate manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager will respond within two (2) working days, or as soon as practicable. The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Secretary.

 

36.6.   The Department may refer the matter to the Industrial Relations Secretary for consideration.

 

36.7.   If the matter remains unresolved, the Secretary will provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

36.8.   An employee, at any stage, may request to be represented by the union.

 

36.9.   The employee or the union on their behalf or the Secretary may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

36.10. The employee, Union, and Secretary will agree to be bound by any order or determination by the Industrial Relations Commission in relation to the dispute.

 

36.11. Whilst the procedures outlined in subclauses 36.1 to 36.10 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty will continue unless otherwise agreed between the parties, or, in the case involving work health and safety, if practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

37.  Work Health and Safety

 

37.1.   Work Health and Safety - The parties to this Award are committed to achieving and maintaining accident-free and healthy workplaces in Government organisations covered by this Award by:

 

37.1.1.            The development of policies and guidelines on Work Health, Safety and Rehabilitation;

 

37.1.2.            Assisting to achieve the objectives of the Work Health and Safety Act 2011 (NSW) and the Work Health and Safety Regulation 2011 (NSW) by establishing agreed Work Health and Safety consultative arrangements; to identify and implement safe systems of work, safe work practices, working environments and appropriate risk management strategies; and to determine the level of responsibility to achieve these objectives;

 

37.1.3.            Identifying training strategies for employees, as appropriate, to assist in the recognition, elimination or control of workplace hazards and the prevention of work related injury and illness;

 

37.1.4.            Developing strategies to assist the rehabilitation of injured employees;

 

37.1.5.            Directly involving the appropriate Department in the provisions of paragraphs 37.1.1 to 37.1.4 inclusive of this subclause.

 

37.2.   Equality in employment - The Department is committed to the achievement of equality in employment and the Award has been drafted to reflect this commitment.

 

37.3.   Harassment-free Workplace - Harassment on the grounds of sex, race, marital status, physical or mental disability, sexual preference, transgender, age or responsibilities as a carer is unlawful in terms of the Anti-Discrimination Act 1977 (NSW). Management and employees are required to refrain from, or being party to, any form of harassment in the workplace.

 

38.  Cross Agency Employment

 

38.1.   A person may be employed in 2 or more government sector agencies.

 

38.2.   If the person is employed in 2 or more government sector agencies, the heads of those agencies may determine that the person is to be regarded as employed in one of those agencies for the purposes of all or any conditions of employment of the person.

 

39.  Cross Government Sector Leave Arrangements

 

39.1.   In this clause cessation of employment includes cessation of employment by resignation, retirement or otherwise.

 

39.2.   Annual leave

 

39.2.1.            A government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency may elect -

 

a.         to be paid the whole or part of the money value of the employee’s accrued annual leave, or

 

b.        to retain the entitlement to that accrued annual leave.

 

39.2.2.            A government sector employee who elects to retain the entitlement to accrued annual leave is taken to have, on commencing employment in the other government sector agency, the amount of accrued annual leave to which the employee was entitled immediately before the end of his or her previous employment. This leave is in addition to any annual leave which accrues after that commencement.

 

39.2.3.            In this clause -

 

a.         accrued annual leave means annual leave owing to a government sector employee (but not taken), and includes any such leave accrued because of the operation of this clause.

 

b.        superannuation guarantee amount means the minimum amount payable to a superannuation fund or scheme in respect of a person that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, in respect of the person.

 

39.3.   Sick leave

 

39.3.1.            A government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency is taken to have, on commencing that employment, the amount of accrued sick leave to which the employee was entitled before that commencement. This leave is in addition to any sick leave which accrues after that commencement.

 

39.3.2.            The eligibility of a government sector employee for sick leave that includes any period of accrued sick leave is to be determined in accordance with the conditions relating to the granting of sick leave in the employee’s current employment.

 

39.3.3.            In this clause accrued sick leave means the amount of sick leave to which the employee would have been entitled in the event of illness, and includes any such leave accrued because of the operation of this clause.

 

39.4.   Parental Leave

 

39.4.1.            This clause applies for the purposes of determining whether a government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency is entitled to parental leave or any other leave (other than extended leave) for which a condition of eligibility is a minimum period of service.

39.4.2.            For the purposes of determining a government sector employee’s entitlement to leave referred to in this clause -

 

a.         service with the employee’s previous employer is taken to be service with the employee’s current employer, if the previous employment was in another government sector agency and if that period of service was continuous with the employee’s current employment, and

 

b.        service with any other former employers is taken to be service with the person’s current employer, if the service was in other government sector agencies and the periods of service with those agencies were continuous with each other and the employee’s previous employment in a government sector agency.

 

39.4.3.            Except as provided by this clause, the eligibility of a government sector employee for leave referred to in this clause is to be determined in accordance with the conditions applying to that leave in the employee’s current employment.

 

39.4.4.            A reference in this clause to service with a previous or former employer extends to include a reference to any such service before 24 February 2014.

 

39.5.   Access to forfeited sick leave-transitional arrangements

 

39.5.1.            If a government sector employee is eligible for sick leave for any absence from duty but has exhausted his or her sick leave entitlement, the employee’s employer may grant to the employee any of the employee’s forfeited sick leave as sick leave for the absence.

 

39.5.2.            Once any period of a government sector employee’s forfeited sick leave has been granted as sick leave under this clause, it is no longer regarded as forfeited sick leave for the purposes of any further grant of sick leave to the employee under this clause (whether by the same or a different employer).

 

39.5.3.            In determining whether or not a government sector employee is entitled to sick leave, all the employee’s entitlements to sick leave are to be taken into account, including special sick leave and sick leave to which the employee is entitled by operation of clause 39.3.

 

39.5.4.            The Commissioner may provide guidance to government sector employers as to the circumstances in which, and the matters to be taken into account in determining whether, forfeited sick leave should or should not be granted as sick leave under this clause.

 

Section 9. Union Activities

 

40.  Trade Union Activities Regarded as Special Leave

 

40.1.   The granting of special leave with pay will apply to the following activities undertaken by a workplace union delegate, as specified below:

 

40.1.1.            annual or biennial conferences of the Union;

 

40.1.2.            meetings of the Union’s Executive, Committee of Management or Councils;

 

40.1.3.            annual conference of Unions NSW and the biennial Congress of the Australian Council of Trade Unions 

 

40.1.4.            attendance at meetings called by Unions NSW involving the Union which requires attendance of a delegate;

 

40.1.5.            attendance at meetings called by the Secretary, as the employer for industrial purposes, as and when required;

 

40.1.6.            giving evidence before an Industrial Tribunal as a witness for the Union;

 

40.1.7.            reasonable travelling time to and from conferences or meetings to which the provisions of clauses 40 and 41 apply.

 

41.  Trade Union Training Courses

 

41.1.   The following training courses will attract the grant of special leave as specified below: -

 

41.1.1.            Accredited Work Health and Safety (WHS) courses and any other accredited WHS training for WHS Committee members. The provider(s) of accredited WHS training courses and the conditions on which special leave for such courses will be granted, will be negotiated between the Department and the Union.

 

41.1.2.            Courses organised and conducted by the Trade Union Education Foundation or by the Union or a training provider nominated by the Union. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

 

a.         the operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief employees;

 

b.        payment being at the base rate, i.e. excluding extraneous payments such as shift allowances/penalty rates, overtime, etc;

 

c.         all travelling and associated expenses being met by the employee or the Union;

 

d.        attendance being confirmed in writing by the Union or a nominated training provider.

 

42.  Conditions Applying to on Loan Arrangements 

 

42.1.   Subject to the operational requirements of the workplace, Department may agree to provide unpaid leave to an employee for a fixed period of time to enable them to undertake a temporary on loan arrangement with the Union.

 

42.1.1.            Recognition of "on loan" arrangement as service - On loan arrangements negotiated in terms of this clause are to be regarded as service for the accrual of all leave and for incremental progression.

 

42.1.2.            Limitation - On loan arrangements may apply to full-time or part-time employees and are to be kept to the minimum time required. Where the Union needs to extend an on loan arrangement, the Union will approach the Secretary in writing for an extension of time well in advance of the expiration of the current period of on loan arrangement.

 

42.1.3.            Where the Secretary or delegate and the Union cannot agree on the on loan arrangement, the matter is to be referred to the Secretary for Industrial Relations for determination after consultation with the Secretary or delegate and the Union.

 

43.  Period of Notice for Trade Union Activities

 

43.1.   The Secretary must be notified in writing by the Union or, where appropriate, by the accredited delegate as soon as the date and/or time of the meeting, conference or other accredited activity is known.

 

44.  Access to Facilities By Trade Union Delegates

 

44.1.   The workplace will provide accredited delegates with reasonable access to the following facilities for authorised Union activities:

 

44.1.1.            telephone, facsimile, internet and email facilities;

 

44.1.2.            a notice board for material authorised by the Union or access to employee notice boards for material authorised by the Union;

 

44.1.3.            workplace conference or meeting facilities, where available, for meetings with member(s), as negotiated between local management and the Union.

 

45.  Responsibilities of the Trade Union Delegate

 

45.1.   Responsibilities of the Union delegate are to:

 

45.1.1.            Establish accreditation as a delegate with the Union and provide proof of accreditation to the workplace;

 

45.1.2.            Participate in the workplace consultative processes, as appropriate;

 

45.1.3.            Follow the dispute settling procedure applicable in the workplace;

 

45.1.4.            Provide sufficient notice to the immediate supervisor of any proposed absence on authorised Union business;

 

45.1.5.            Account for all time spent on authorised Union business;

 

45.1.6.            When special leave is required, to apply for special leave in advance;

 

45.1.7.            Distribute Union literature/membership forms, under local arrangements negotiated between the Secretary or delegate and the Union; and

 

45.1.8.            Use any facilities provided by the workplace properly and reasonably as negotiated at organisational level.

 

46.  Responsibilities of Workplace Management

 

46.1.   Where time is required for Union activities in accordance with this clause the responsibilities of the workplace management are to:

 

46.1.1.            Release the accredited delegate from duty for the duration of the Union activity, as appropriate, and, where necessary, to allow for sufficient travelling time during the ordinary working hours;

 

46.1.2.            Advise the workplace delegate of the date of the next induction session for new employees in sufficient time to enable the Union to arrange representation at the session;

 

46.1.3.            Meet the travel and/or accommodation costs properly and reasonably incurred in respect of meetings called by the workplace management;

 

46.1.4.            Where possible, to provide relief in the role occupied by the delegate in the workplace, while the delegate is undertaking Union responsibilities to assist with the business of workplace management;

 

46.1.5.            Re-credit any other leave applied for on the day to which special leave or release from duty subsequently applies;

 

46.1.6.            Where a Union activity provided under this clause needs to be undertaken on the Union delegate's rostered day off or during an approved period of flexi leave, to apply the provisions of paragraph 46.1.5 of this subclause;

 

46.1.7.            To verify with the Union the time spent by a Union delegate or delegates on Union business, if required; and

 

46.1.8.            If the time and/or the facilities allowed for Union activities are thought to be used unreasonably and/or improperly, to consult with the Union before taking any remedial action.

47.  Right of Entry Provisions

 

47.1.   The right of entry provisions will be as prescribed under the Work Health and Safety Act 2011 (NSW) and the Industrial Relations Act 1996 (NSW).

 

48.  Travelling and Other Costs of Trade Union Delegates

 

48.1.   Except as specified in paragraph 46.1.3 of clause 46, Responsibilities of Workplace Management, of this Award, all travel and other costs incurred by accredited Union delegates in the course of Union activities will be paid by the Union.

 

48.2.   In respect of meetings called by the workplace management in terms of paragraph 46.1.3 of clause 46, Responsibilities of Workplace Management of this Award, the payment of travel and/or accommodation costs, properly and reasonably incurred, is to be made, as appropriate, on the same conditions as apply under clauses 26, Travelling Compensation, 29, Meal Expenses on One-Day Journeys, or 30, Restrictions on Payment of Travelling Allowances, of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009. 

 

48.3.   No overtime, leave in lieu, shift penalties or any other additional costs will be claimable by an employee from the Department or the Industrial Relations Secretary, in respect of Union activities covered by special leave or on duty activities provided for in this clause.

 

48.4.   The on loan arrangements will apply strictly as negotiated and no extra claims in respect of the period of on loan will be made on the Department by the Union or the employee.

 

Schedules

 

Schedule 1 - Rates of Pay

 

Classification	From the first full pay period on or after 1 January 2026 $	3% increase from the first full pay period on or after 1 July 2026 $
Cleaners	27.15	27.96

 

Schedule 2 - Allowances

 

Item	Allowance	From the first full pay period on or after 1 January 2026	3% increase from the first full pay period on or after 1 July 2026
1.	Broken Shift Allowance per day	$4.50	$4.64
	Broken Shift Allowance maximum per week	$22.49	$23.16
2.	First Aid Allowance per week	$16.11	$16.59
3.	Leading Hand Allowance per week Number of employees in charge of:
	Up to 10	$58.93	$60.70
	11 to 20	$75.83	$78.10
	More than 20	$92.72	$95.50
4.	Meal Allowance	$16.84	$17.35
5.	Vehicle Allowance
	Motor car cents per km	$0.99	$1.02
	Motorcycle cents per km	$0.33	$0.34

 

Schedule 3 - Classification Definition

 

A Cleaner means an employee who performs those tasks customarily performed by cleaners, using a range of materials and equipment, to clean a range of surfaces in order to restore or maintain buildings in a clean and hygienic condition and who:

a.         work from complex instructions and procedures; and

 

b.        assist in the provision of on-the-job training; and

 

c.         work under general supervision either individually or in a team; and

 

d.        are responsible for assuring the quality of their own work; and

 

e.         perform those tasks customarily performed by cleaners; and

 

f.         exercises discretion within the level of their skills and training. 

 

Indicative of the tasks that might be required at this level are the following:

 

•          spot cleaning of carpets and soft furnishings; or

•          operating hand held powered equipment such as blowers, vacuum cleaners and polishers; or

•          sweeping and mopping; or

•          toilet cleaning; or 

•          rubbish collection; or

•          telephone cleaning and germ proofing; or

•          cleaning of glass, both internal and external; or

•          dusting of all hard surfaces; or

•          table bussing; or

•          collecting, servicing and maintaining shopping or luggage trolleys; or

•          re-arranging or re-organising furniture; or

•          routinely maintaining indoor greenery such as shrubs and plants; or

•          sanitary disposal processing; or

•          wiping or sweeping under and around seats and table tops; or

•          ordering and distribution of toilet and other requisites or cleaning materials; or

•          customer or public relations duties; or

•          carrying out those roles expected of a leading hand (subject to the provision of the applicable allowance in accordance with clause 16.3-Leading hand allowance); or

•          carpet cleaning; or

•          cleaning windows on the exterior of multi-storied buildings from swing scaffolds, boatswain’s chairs, hydraulic bucket trucks or similar devices; or

•          operating ride-on powered machinery; or

•          operating steam cleaning and pressure washing equipment; or

•          maintaining gardens, lawns or rockeries; or

•          trimming edges, mowing lawns, sowing, planting, watering, weeding, spreading fertiliser, clearing shrubs or trimming hedges; or

•          vehicular rubbish collection or operating mobile compaction units; or

•          collecting, disposing of or sorting refuse; or

•          feed an incinerator, furnace or compactor; or

•          specialist computer cleaning.

 

Cleaner may be required within the limits of their skills and training to perform duties incidental or peripheral to their major task or tasks. 

 

 

 

J. WEBSTER, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.