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)
Before The Honourable Justice
Wright, President
|
3 February 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
____________________
Printed by
the authority of the Industrial Registrar.