The Catholic Press Newspaper Company Pty Limited (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Catholic Commission for Employment Relations.

 

(No. IRC 338 of 2006)

 

 

VARIATION

 

1.          Insert in numerical order in the Arrangement of the award published 17 November 2000 (320 I.G. 377) the following new clause number and subject matter:

 

7A.      Parental Leave

 

2.          Delete subclause (5) Parental Leave of clause 7 Leave.

 

3.          Insert after clause 7 Leave, the following new clause:

 

7A.      Parental Leave

 

(1)        Entitlement to Parental Leave

 

Refer to the Industrial Relations Act 1996 (NSW) The following  provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(2)        Casual employees

 

An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

1.          the employee or employee's spouse is pregnant; or

 

2.          the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(3)        Right to Request

 

(a)        An employee entitled to parental leave may request the employer to allow the employee:

 

(i)         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(b)        The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)        Employee’s request and the employer’s decision to be in writing

 

The employee’s request and the employer’s decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(4)        Communication during parental leave

 

(a)        Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(ii)        provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(b)        The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(c)        The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

 

4.          Delete paragraphs (a) and (b) of subclause 9.1 of Clause 9 Catholic Personal/Carer’s Leave 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 8, Sick and Incapacity Pay, 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 a 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 is not entitled to family leave under this subclause where another person has taken leave to care for the same person."

 

5.          Insert the following notation at the end of subclause 9.1, Use of Sick Leave to Provide Care and Support for a Family Member, of clause 9.

 

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 procedure at Clause 30 should be followed."

 

6.          Delete subclause 9.4 of Clause 9 and insert in lieu thereof the following:

 

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."

 

7.          Delete paragraph (a) of subclause 9.5 of Clause 9 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."

 

8.          Insert after paragraph (c) of clause of subclause 9.5 of Clause 9 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."

 

9.          Delete clause 10 Bereavement Leave and insert in lieu thereof the following:

 

10.  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 10(c) below.

 

(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 Clause 3, 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.

 

10.        Insert after subclause (k) of Clause 13 Casuals the following new subclauses (l) and (m)

 

(l)         Personal/Carer’s Entitlement for casual employees

 

(i)         Subject to the evidentiary and notice requirements in paragraph (b) of subclause 9.1 and subclause 9.3 of Clause 9 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 9.1(c)(ii) or paragraph 9.2(c) of Clause 9- Catholic Personal/Carer’s Leave, who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(ii)        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.

 

(iii)       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."

 

(m)       Bereavement Entitlement for casual employees

 

(i)         Subject to the evidentiary and notice requirements in paragraph 9.1(b) and subclause 9.3 of Clause 9 Catholic Personal/Carer’s Leave, 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 13(l), 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.

 

(ii)        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.

 

(iii)       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."

 

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

 

 

 

F. L. WRIGHT J , President

 

 

 

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Printed by the authority of the Industrial Registrar.