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.