OTHER SERVICES (CATHOLIC PERSONAL/CARER'S LEAVE) (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

 

Applications by Catholic Commission for Employment Relations.

 

(Nos. IRC 5264 and 5380 of 1999)

 

 

AWARD

 

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1          Arrangement

2.         Definitions

3.         Catholic Personal/Carer's Leave

4.         Sick Leave

5.         Grievance and Dispute Settling Procedure

6.         Area, Incidence and Duration

 

2.  Definitions

 

"Parent Award" means the Nursing Homes, &c., Nurses' (State) Award; Nurses, &c., Other Than in Hospitals, &c. (State) Award; Motels, Accommodation and Resorts, &c. (State) Award; Charitable, Aged and Disability Care Services (State) Award; Miscellaneous Workers Home Care Industry (State) Award; Transport Industry - Mixed Enterprises Interim (State) Award; and Cemetery and Crematoria Employees (State) Award.

 

3.  Catholic Personal/Carer's Leave

 

3.1        Use of Sick Leave to Provide Care or Support

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a family member or other person who needs the employee's care or support, shall be entitled to use any current or accrued sick leave entitlement for absences to provide care or support for such person when they are ill. Such leave may be taken for part of a single day.

 

(b)        If required, the employee shall establish the illness of the person concerned, either by production of a medical certificate, statutory declaration, written statement or other evidence and that the illness is such as to require care or support by the employee.  An employee is not entitled to leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to the employee being responsible for the care of the person concerned.

 

(d)        For the purposes of this clause "family member" means a parent, step-parent, spouse, grandchild, sibling, grandparent, child, step-child, foster child, adopted child or foster parent of the employee or their spouse.

 

(e)        Wherever practicable, an employee shall give the employer notice prior to the absences of the intention to take leave.  The employee shall also provide the name of the person requiring care, a statement to the effect that the employee is responsible for the care of such person, and the estimated length of absence.  If it is not practicable for the employee to give notice of any absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of the absence.

 

3.2        Use of Sick Leave for a Pressing Domestic Necessity

 

(a)        For the purposes of this clause "pressing domestic necessity" means any reason at the discretion of the employer, provided that such discretion is not unreasonably withheld and is exercised so as not to contravene any applicable provision of the Anti-Discrimination Act 1977.

 

(b)        An employee, other than a casual employee, shall be entitled to use any current or accrued sick leave entitlement up to a maximum of 5 days in any one year of the employee's service, for any pressing domestic necessity other than to care for or support of a person referred to in subclause 3.1.

 

(c)        The yearly entitlement for the purpose of pressing domestic necessity in paragraph 3.2 (b) is non-cumulative.

 

(d)        If required, an employee shall provide a written statement or other evidence supporting the application for personal/carer's leave for the purpose of pressing domestic necessity.

 

(e)        Wherever practicable, an employee shall give the employer notice prior to the absences of the intention to take leave and the estimated length of absence. If it is not practicable for the employee to prior notice of an absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

3.3        Unpaid Leave for Family and Other Purposes

 

With the consent of the employer, an employee may elect to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph 3.1 (a) who is ill.

 

3.4        Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause shall be exclusive of any shutdown period provided for elsewhere under the relevant Parent award.

 

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

 

3.5        Time Off in Lieu of Payment for Overtime

 

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

 

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

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

 

(d)        Where no election is made in accordance with paragraph (a) of this subclause, the employee shall be paid overtime rates in accordance with the award.

 

3.6        Make-up Time

 

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

 

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

 

3.7        Rostered Days Off

 

(a)        An employee my elect, with the consent of the employer, to take a rostered day off at any time.

 

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

 

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

 

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

 

3.8        Bereavement Leave

 

(a)        An employee other than a casual employee shall be entitled to up to two (2) days Bereavement Leave without deduction of pay on each occasion of the death of a person in 3.8 (c) below.

 

(b)        The employee must notify the employer as soon as practicable of the intention to take Bereavement Leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(c)        Bereavement Leave shall be available to the employee in respect to the death of a person in relation to whom the employee could have unutilised Catholic Personal/Carer's Leave, provided that for the purpose of Bereavement Leave, the employee need not have been responsible for the care of the person concerned.

 

(d)        An employee shall not be entitled to Bereavement Leave under this clause during any period of which the employee has been granted other leave.

 

(e)        Bereavement Leave may be taken in conjunction with other leave available under the Catholic Personal/Carer's Leave clause.  Where such other available leave is to be taken in conjunction with Bereavement Leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.

 

4.  Sick Leave

 

Sick leave benefits shall be as provided by the relevant Parent Award.

5.  Grievance and Dispute Procedure

 

The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps:

 

5.1        Procedures relating to grievances of individual employees

 

(a)        The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by a nominated representative for the purpose of each procedure.

 

5.2        Procedures relating to disputes, etc., between employers and their employees

 

(a)        A question, dispute or difficulty must be initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an employer representative and the employee may be represented by a nominated representative for the purpose of each procedure.

 

 

6.  Area, Incidence and Duration

 

This award shall apply to all employees within the classifications contained in the parent awards and provided for within the Area, Incidence and Duration of those awards with respect to employees who are employed by a body which has been established by the Catholic Church to propagate religion.

 

It shall take effect on and from 23 November 2001 and shall remain in force thereafter for a period of 12 months.

 

 

F. L. WRIGHT  J, President.

M. J. WALTON  J, Vice-President.

M. SCHMIDT  J.

I. W. CAMBRIDGE, Commissioner.

 

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Printed by the authority of the Industrial Registrar.