Newcastle Port Corporation and AIMPE Award 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Newcastle Ports Corporation.

 

(No. IRC 322 of 2006)

 

 

VARIATION

 

1.          Insert after paragraph 17.4.3, of clause 17, Bereavement Leave, of the award published 3 December 2004 (347 I.G. 598), the following new paragraph:

 

17.4.4   Bereavement entitlement for casual employees

 

(a)        Subject to the evidentiary requirements in clause 17.4.3, a casual Employee is entitled to not be available to attend work, or to leave work, upon the death in Australia of a person prescribed in clause 17.2.2.

 

(b)       The Employer and the Employee shall agree on the period for which the Employee will be entitled to not be available to attend work.  In the absence of agreement, the Employee is entitled to not be available to attend work for up to 48 hours (i.e two days) per occasion.  The casual Employee is not entitled to any payment for the period of non-attendance. 

 

(c)        The Employer must not fail to re-engage a casual employee because the Employee accessed the entitlements provided for in this clause.  The rights of the Employer to engage or not engage a casual Employee are otherwise not affected.

 

2.          Insert after paragraph 17.5.2, of the said clause 17, the following new paragraph:

 

17.5.3   Personal Carer's Entitlement for Casual Employees

 

(a)        Subject to the evidentiary and notice requirements in 17.5.1 (d), a casual Employee is entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in clause 17.5.1(c)(2) who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(b)       The Employer and the Employee shall agree on the period for which the Employee will be entitled to not be available to attend work.  In the absence of agreement, the Employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual Employee is not entitled to any payment for the period of non-attendance.

 

(c)        The Employer must not fail to re-engage a casual employee because the Employee accessed the entitlements provided for in this clause.  The rights of the Employer to engage or not to engage a casual Employee are otherwise not affected. 

 

3.          Insert after subclause 18.1, of clause 18, Parental Leave, the following new subclause:

 

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

 

(a)        The Employer must not fail to re-engage a regular casual Employee (see section 53(2) of the Act) because:

 

(i)         the Employee or Employee's spouse is pregnant; or

 

(ii)        the Employee is or has been immediately absent on parental leave.

 

The rights of the Employer in relation to engagement and re-engagement of a casual Employee are not affected, other than in accordance with this clause.

 

(b)       Right to request:

 

(i)         An Employee entitled to parental leave may request the Employer to allow the Employee:

 

(A)       to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(B)       to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(C)       to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the Employee in reconciling work and parental responsibilities.

 

(ii)        The Employer shall consider the request having regard to the Employee’s circumstances and, provided the request is genuinely based on the Employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(iii)       Employee’s request and the Employer’s decision to be in writing

 

The Employee’s request and the Employer’s decision made under 18.2(b)(i)(B) and 18.2(b)(i)(C) must be recorded in writing.

 

(iv)       Request to return to work part-time

 

Where an Employee wishes to make a request under 18.2(b)(i)(C), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the Employee is due to return to work from parental leave.

 

(c)        Communication during parental leave

 

(i)         Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to:

 

(A)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave; 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 position the Employee held before commencing parental leave.

 

(ii)        The Employee shall take reasonable steps to inform the Employer about any significant matter that will affect the Employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis.

 

(iii)       The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with paragraph (i).

 

4.          This variation shall take effect from 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

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Printed by the authority of the Industrial Registrar.