Australian Inland and Electrical Trades Union Industrial Enterprise Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Country Energy.

 

(No. IRC 310 of 2006)

 

 

VARIATION

 

1.          Insert after subclause (v), of clause 32, Personal Carer’s Leave, of the award published 26 August 2005 (353 I.G. 458). the following new subclause:

 

(vi)       Personal Carers Entitlements for casual employees

 

Subject to the evidentiary and notice requirements in (ii) and (iii) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause (iv) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

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 payment for the period of non-attendance.

 

An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

2.          Insert after subclause (c), of clause 35, Parental Leave, the following new subclause:

 

(d)        Refer to the Industrial Relations Act 1996 (NSW). The Following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(e)        An employer must not fail to re-engage a regular casual employee (s.53(2) of the Act) because:

 

(a)        the employee or the employee’s spouse is pregnant; or

 

(b)       the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(f)         Right of Request

 

(A)      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.

 

(B)       The employer shall consider the request having regard to the employee’s circumstances and, provide 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.

 

(C)       Employee’s request and the employer’s decision to be in writing

 

The employee’s request and the employer’s decision made under iii(A)(b) and iii(a)(c) must be recorded in writing.

 

(D)       Request to return to work part-time

 

Where an employee wishes to make a request under iii(A)(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.

 

(g)        Communication during parental leave

 

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

 

(a)(i)    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

 

(a)(ii)   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.

 

(b)       The employee shall also 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 work on a part-time basis.

 

(c)        The employee shall notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

 

3.          Insert after subclause (iii), of clause 38, Bereavement Leave, the following new subclause:

 

(iv)       subject to the evidentiary and notice requirements in 35(a) & (c) casual employees are entitled to not be available to attend work, or leave work upon the death in Australia of a person prescribed in subclause (iv) of Clause 35 Personal Carers Leave.

 

(v)        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.

 

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

 

4.          This order shall take effect on and from 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

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Printed by the authority of the Industrial Registrar.