Integral
Energy Conditions of Employment Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Integral
Energy.
(No. IRC 416 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert after paragraph
9.6.5,of clause 9, Leave, of the award published 13 January 2006 (356 I.G.
311), the following new paragraph:
9.6.6 Bereavement
leave entitlements for casual employee
Subject to the evidentiary and notice requirements in 9.6.2
casual employees are entitled to be not available to work, or to leave work
upon the death in Australia of a person prescribed in 9.6.3 of this clause.
The employer and the employee shall agree on the period
for which the employee will be entitled to not be available to attend work for
up to 48 hours (i.e. 2 days) per occasion.
The casual employee is not entitled to any 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. Delete
paragraph 9.8.1, of the said clause 9, and insert in lieu thereof the
following:
9.8.1 Entitlement
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).
3. Insert after
paragraph 9.8.5, of the said clause 9, the following new paragraph:
9.8.6 Employer/Employee
Obligations in regard to Parental Leave
9.8.6.1 An
employer must not fail to re-engage a regular casual employee (see section 53
(2) of the Act) because:
(a) the employee
or 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.
9.8.6.2 Right
to request
(a) An employee entitled
to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) 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,
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.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 9.8.6.2 (a)(ii) and 9.8.6.2 (a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
9.8.6.2 (a)(iii), 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.
9.8.6.3 Communication
during parental leave
(a) 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:
(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
(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 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.
(c) 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 9.8.6.3
(a).
4. Delete
subclause 11.3, of clause 11, Family/Carers Leave, and insert in lieu thereof
the following:
11.3 Single Day
absences on annual leave for family/carers leave
An employee may elect, with the consent of the employer
to take annual leave not exceeding ten days in single-day periods, or part
thereof, in any calendar year at a time or times agreed by the parties.
11.4 Family/Carers
Entitlement for casual employees
11.4.1 Subject
to the evidentiary and notice requirements in 11.1.2 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 11.1.3 (b) 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.
11.4.2 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.
11.4.3 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 to engage a casual employee are otherwise not
affected.
11.5 Family/Carers
Leave - use of annual leave
An employee with family/carers leave responsibilities
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due. Such applications should be made to the
General Manager Human Resources"
5. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by the
authority of the Industrial Registrar.