Social
and Community Services 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. 204) 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
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
family leave under this subclause where another person has 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
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. Delete
subclause 3.8 clause 3, and insert in lieu thereof the following:
3.8 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. Insert after
subclause 3.8 of clause 3, the following new subclause 3.9:
3.9 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 in this
clause, 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 this
clause. 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.
8. Insert a new
subclause 3.10 in clause 3 as follows:
3.10 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 3.8, 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."
9. This
variation shall take effect from 19 December 2005.
F.
L. WRIGHT J , President
____________________
Printed by
the authority of the Industrial Registrar.