UNIVERSITY UNIONS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4121 of 2005)
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Before Mr Deputy
President Sams
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15 November 2005
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REVIEWED AWARD
1. Delete clause 22, Personal/Carer's
Leave, of the award published 22 August 2003 (341 I.G. 100) and insert
in lieu thereof the following:
22. Personal/Carer's
Leave
22.1 Use of Sick
Leave -
22.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in Clause 22.1.3.2 who needs the employee's care and
support shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement provided for at Clause 21, for
absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
22.1.2 The
employee shall, if required, establish, either by production of a medical
certificate or statutory declaration the illness of the person concerned and
that the illness is such as to require care by another person. In normal circumstances, an employee must
not take carer's leave under this subclause where another person has taken
leave to care for the same person.
22.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
22.1.3.1 the
employee being responsible for the care of the person concerned; and
22.1.3.2 the
person concerned being:
22.1.3.2.1 a spouse
of the employee; or
22.1.3.2.2 a de
facto spouse who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
22.1.3.2.3 a
child or an adult child (including an adopted child, a stepchild, a foster
child or an ex-nuptial child), parent (including a foster parent and legal
guardian), grandparent, grandchild or sibling of the employee or spouse or de
facto spouse of the employee; or
22.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
22.1.3.2.5 a
relative of the employee who is a member of the same household where, for the
purposes of this subparagraph:
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(c) "household"
means a family group living in the same domestic dwelling.
22.1.4 An
employee shall, wherever practicable, give the employer notice, prior to the
absence, of the intention to take leave, the name of the person requiring care
and that person's relationship to the employee, the reasons for taking such
leave and the estimated length of absence.
If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
22.2 Unpaid Leave
for Family Purpose -
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in 20.1.3.2 above who is ill.
22.3 Annual Leave -
22.3.1 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.
22.3.2 Access
to annual leave, as prescribed in paragraph 23.3.1 of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
22.3.3 An
employee and employer may agree to defer payment of the annual leave loading in
respect of single-day absences until at least five consecutive annual leave
days are taken.
33.4 Time Off in
Lieu of Payment for Overtime -
22.4.1 An
employee may elect, with the consent of the employer, to take time off in lieu
of payment for overtime at a time or times agreed with the employer within 12
months of the said election.
22.4.2 Overtime
taken as time off during ordinary-time hours shall be taken at the
ordinary-time rate, that is, an hour for each hour worked.
22.4.3 If,
having elected to take time as leave in accordance with paragraph 22.4.1 of
this subclause, the leave is not taken for whatever reason, payment for time
accrued at overtime rates shall be made at the expiry of the 12-month period or
on termination.
22.4.4 Where
no election is made in accordance with 22.4.1, the employee shall be paid
overtime rates in accordance with the award.
22.5 Make-up Time -
22.5.1 An
employee may elect, with the consent of the employer, to work "make-up
time", under which the employee takes time off ordinary hours and works
those hours at a later time during the spread of ordinary hours provided in the
award, at the ordinary rate of pay.
22.5.2 An employee
on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the employee takes time off ordinary
hours and works those hours at a later time) at the shift work rate which would
have been applicable to the hours taken off.
2. Insert after
subclause 40.3, of clause 40, Area, Incidence and Duration, the following new
subclause:
40.4 The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act, 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of NSW on 28 April
1999 (310 I.G. 359) and take effect on and from 15 November 2005. This award remains in force until varied or
rescinded, the period for which it was made already having expired.
P. J. SAMS D.P.
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Printed by
the authority of the Industrial Registrar.