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.