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New South Wales Industrial Relations Commission
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MISCELLANEOUS WORKERS (CATHOLIC PERSONAL/CARER'S LEAVE) (STATE) AWARD
  
Date08/25/2006
Volume360
Part4
Page No.785
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C4855
CategoryAward
Award Code 4029  
Date Posted08/24/2006

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(4029)

(4029)

SERIAL C4855

 

Miscellaneous Workers (Catholic Personal/Carer's Leave) (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Catholic Commission for Employment Relations.

 

(No. IRC 338 of 2006)

 

Before The Honourable Justice Wright, President

3 February 2006

 

VARIATION

 

1.          Delete paragraphs (a) and (b) of subclause 3.1 of Clause 3 Catholic Personal/Carer’s Leave of the award published 7 May 1999 (309 I.G. 196) and insert in lieu thereof the following:

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a family member as set out in subparagraph (ii) of paragraph (c) of this subclause, who needs the employee’s care and support, shall be entitled to use, in any year, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 5, Sick Leave, 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 and support 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."

 

2.          Insert the following notation at the end of subclause 3.1, Use of Sick Leave to Provide Care and Support for a Family Member, of clause 3.

 

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 6 should be followed.

 

3.          Delete paragraph (a) of subclause 3.4 of Clause 3, and insert in lieu thereof the following:

 

(a)        With the consent of the employer, an employee may elect to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph (ii) of paragraph (c) of subclause 3.1 or paragraph (c) of subclause 3.2 of this clause, who is ill or who requires care due to an unexpected emergency."

 

4.          Delete paragraph (a) of subclause 3.5 of Clause 3 and insert in lieu thereof the following:

 

(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 3.5 of Clause 3 the following new paragraph (d):

 

(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 3.8 of clause 3 the following new subclause 3.9.

 

3.9        Catholic Personal/Carer’s Entitlement for casual employees

 

(a)        Subject to the evidentiary and notice requirements in paragraph (b) of subclause 3.1 and subclause 3.3 of Clause 3 Catholic Personal/Carer’s Leave 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 subparagraph (ii) of paragraph (c) of subclause 3.1 or paragraph (c) of subclause 3.2 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 clause 4 Bereavement Leave and insert in lieu thereof the following:

 

4.  Bereavement Leave

 

4.1        Entitlement to Bereavement Leave

 

(a)        An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph (c) of this subclause.

 

(b)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(c)        Bereavement leave shall be available to the employee in respect to the death of a person to whom the employee could have utilised Catholic Personal/ Carer’s Leave or equivalent in the said Clause 3, Catholic Personal/ Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(d)        An employee shall not be entitled to bereavement leave under this subclause during any period in respect of which the employee has been granted other leave.

 

(e)        Bereavement leave may be taken in conjunction with other leave available as set out in the said Clause 3, Catholic Personal/ Carer’s Leave. Where such other available leave is to be taken in conjunction with bereavement leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.

 

4.2        Bereavement entitlement for casual employees

 

(a)        Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person in relation to whom the employee could have utilised Catholic Personal/Carer’s Leave in subclause 3.9, provided that for the purpose of this bereavement entitlement, the employee need not have been responsible for the care of the person concerned. A casual employee must notify the employer as soon as practicable of the intention to access this entitlement and may be required to provide the employer with satisfactory evidence of such death.

 

(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 subclause.  The rights of an employer to engage or not engage a casual employee are otherwise not affected."

 

8.          This variation shall take effect from 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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