Landcom
(Conditions of Employment 2004) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 370 of 2006)
Before The Honourable
Justice Wright, President
|
3 February 2006
|
VARIATION
1. Insert in
clause 1 Arrangement, of the award published 3 June 2005 (351 I.G. 528) the
following new Appendix A.
Appendix A
2. Delete subclause
(4) Leave of clause 13A. Casual Employment and insert in lieu thereof the
following:
(4) Leave
(a) Except as
provided under this clause, Casual employees are not entitled to any other paid
or unpaid leave.
(b) As set out in subclause
(2) (c) of this clause, casual employees will be paid a 1/12th of the ordinary
hourly rate of pay additional payment in lieu of annual leave.
(c) Casual
employees will be entitled to Long Service Leave in accordance with the
provisions of the Long Service Leave Act 1955.
(d) Casual
employees are entitled to unpaid parental leave in accordance with Appendix A.
(e) Personal
Carers entitlement for casual employees
(1) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in sub clause 39 (iv) of this
Award who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child. This entitlement is subject to
the evidentiary requirements set out below in (4), and the notice requirements
set out in (5).
(2) The Department
Head and the casual 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.
(3) A Department
Head 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.
(4) The casual
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, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
(5) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absen6e,
the employee will inform the employer within 24 hours of the absence.
(f) Bereavement
entitlements for casual employees
(1) Casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a family member on production of satisfactory
evidence (if required by the employer).
(2) The Department
Head and the casual 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.
(3) A Department
Head 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.
(4) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their inability
to attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the
employee will inform the employer within 24 hours of the absence.
3. Insert
after subclause (7) of clause 40 Maternity Leave, the following new subclause
(8):
(8) Employees
entitled to maternity leave shall also have an additional entitlement as set
out in Appendix A.
4. Insert after
subclause (6) of clause 41 Parental Leave, the following new subclause (7):
(7) Employees
entitled to parental leave shall also have an additional entitlement as set out
in Appendix A."
5. Insert after
subclause (7) of clause 42 the following new subclause (8)
(8) Employees
entitled to adoption leave shall also have an additional entitlement as set out
in Appendix A.
6. Insert after
clause 71, Monetary Rates Table the following new Appendix A:
Appendix A
(1) 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)
(2) 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
reengagement of casual employees are not affected, other than in accordance
with this clause.
(3) 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 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(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.
(4) 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 (a).
7. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.