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MISCELLANEOUS WORKERS KINDERGARTENS AND CHILD CARE CENTRES FAMILY LEAVE (CATHOLIC KINDERGARTENS, CHILD CARE CENTRES AND OTHERS AND INDEPENDENT SCHOOLS) (STATE) AWARD
  
Date08/25/2006
Volume360
Part4
Page No.794
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C4857
CategoryAward
Award Code 4198  
Date Posted08/24/2006

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(4198)

(4198)

SERIAL C4857

 

Miscellaneous Workers Kindergartens and Child Care Centres Family Leave (Catholic Kindergartens, Child Care Centres and Others and Independent Schools) (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 21 May 2004 (344 I.G. 514) 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 4, 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 the illness of the person concerned 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 Grievance and Disputes Settling Procedure at Clause 5 should be followed."

 

3.          Delete subclause 3.4 of Clause 3 and insert in lieu thereof the following:

 

3.4        Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph 3.1(c)(ii) or paragraph 3.2(c) 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)        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 3.7 of clause 3, the following new subclause 3.7A:

 

3.7A    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 3.1(c)(ii) 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.          Insert after subclause 3.8 the following new subclause 3.9:

 

3.9        Bereavement Entitlement for casual employees (Catholic Standard)

 

(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 3.7A, provided that for the purpose of this bereavement entitlement, the casual employee need not have been responsible for the care of the person concerned. The employee must notify the employer as soon as practicable of the intention to access this entitlement, and if required by the employer, provide to the satisfaction of the employer proof of 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.          Delete paragraphs (a) and (b) of subclause 3A.1 of Clause 3A Carer’s 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 out in subparagraph (ii) of paragraph (c) of this subclause, 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 4, 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 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."

 

9.          Insert the following notation at the end of subclause 3A.1, Use of Sick Leave:

 

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 Grievance and Disputes Settling Procedure at Clause 5 should be followed.

 

10.        Delete subclause 3A.2 of Clause 3A and insert  with the following:

 

3A.2    Unpaid Leave

 

An employee may elect, with the consent of the employer, 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 3A.1 of this clause who is ill or who requires care due to an unexpected emergency."

 

11.        Delete paragraph (a) of subclause 3A.3 of Clause 3A 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."

 

12.        Insert after paragraph (c) subclause 3A.3 of Clause 3 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."

 

13.        Insert after subclause 3A.6 of clause 3, the following new subclause 3A.7:

 

3A.7    Personal/Carer’s Entitlement for casual employees

 

(a)        Subject to the evidentiary and notice requirements in paragraphs (b) and (d) of subclause 3A.1, 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 3A.1 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."

 

14.        Insert after subclause 3B.5 of clause 3B, Bereavement Leave the following new subclause 3B.6:

 

3B.6     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 member of the employees immediate family or household, as defined in paragraph (ii) of subclause 3A(c) of clause 3A Carer’s Leave. The employee shall notify the employer as soon as practicable of the intention to access this entitlement, and, if required by the employer, provide to the satisfaction of the employer proof of 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."

 

15.        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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