Catholic Health Care Services Nurses' Enterprise (State) Award 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Nurses' Association, Industrial Organisation of Employees.

 

(No. IRC 6616 of 2005)

 

 

VARIATION

 

1.          Insert after paragraph (f) of subclause (iii) of clause 28, Compassionate Leave of the award published 25 March 2005 (349 I.G. 544) the following new paragraph:

 

(g)        Bereavement entitlements for casual employees

 

(i)         Subject to the evidentiary and notice requirements in (iii) (b) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause (i)(c)(2) of Clause 29 State Personal/Carer’s Leave.

 

(ii)        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

 

(iii)       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 paragraphs (a) and (b) of subclause (i) of Clause 29 - State Personal/Carers Leave and insert in lieu thereof the following:

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 1.(c) 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 26 of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required,

 

(i)         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, or

 

(ii)        establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

3.          Insert at the end of subparagraph (2) of paragraph (c) of subclause (i) of clause 29 State Personal/Carers the following notation:

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at Clause 46 should be followed.

 

4.          Delete paragraph (a) of subclause (iii)of Clause 29 the following new paragraph:

 

(a)        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.

 

5.          Insert after paragraph (c) of subclause (iii) of Clause 29 the following new paragraph:

 

(d)        An employee 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.

 

6.          Insert after subclause (vi) of Clause 29 the following new subclause (vii):

 

(vii)      Personal Carers Entitlement for casual employees

 

(a)        Subject to the evidentiary and notice requirements in (i)(b) 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 (i)(c)(2) 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.

 

(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)        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.

 

7.          Delete subclause (ii) of Clause 30 Parental Leave and insert in lieu thereof the following:

 

(ii)        Eligibility to Parental Leave -

 

(a)        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).

 

(b)        Full Time Employees - To be eligible for paid parental leave a full time employee must have completed at least 40 weeks continuous service prior to the expected date of birth or prior to the date of taking custody of the adopted child.

 

(c)        Part-Time Employees - To be eligible for paid parental leave a part-time employee must have completed at least 40 weeks continuous service prior to the expected date of birth or prior to the date of taking custody of the adopted child.

 

(d)        Regular Casual Employees - a regular casual employee is entitled to 12 months unpaid parental leave only if the employee has had at least 24 months of continuous service with the employer.

 

(e)        Casual Employees - An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(1)        the employee or employee's spouse is pregnant; or

 

(2)        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.

 

An employee who has once met the conditions for paid parental leave will not be required to work again the 40 weeks continuous service in order to qualify for a further period of paid parental leave, unless;

 

(1)        there has been a break in service where the employee has been re-employed or reappointed after a resignation, medical retirement, or after her/his services have been otherwise dispensed with; or

 

(2)        the employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act 1987.

 

8.          Insert after subclause (x) of clause 30 Parental Leave the following new subclauses (xi) and (xii):

 

(xi)       Right to request

 

(a)        An employee entitled to parental leave may request the employer to allow the employee:

 

1.         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

2.         to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

3.         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 (xi)(a)(2) and (3) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an employee wishes to make a request under (xi)(a)(3) , 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.

 

(xii)      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:

 

1.         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

 

2.         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 (a).

 

9.          This variation 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.