TransGrid Employees Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Electricity Transmission Authority t/as Transgrid.

 

(No. IRC 172 of 2006)

 

 

VARIATION

 

1.          Delete subclauses 15.16, 15.17, 15.18, 15.19, 15.20 and 15.21 of clause 15, Forms of Employment, of the award published 3 February 2006 (356 I.G. 1058), and insert in lieu thereof the following:

 

15.16    Bereavement entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in clause 29.2 of the Award, casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in (definitions of affinity contained under clause 29.3 of the Award).

 

(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 engage a casual employee are otherwise not affected.

 

15.17    Personal Carers Entitlement for casual employees

 

(a)        Subject to evidentiary and notice requirements in clause 29.2 of the Award, casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed under clause 29.3 of this Award, 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.

 

Temporary

 

15.18    Who is a temporary employee?

 

A temporary employee is any employee who works set and regular hours for a period of limited duration on a full-time or part-time basis.

 

The maximum duration of temporary employment is 12 months. If the position is not held by a permanent employee and is still required, the position must then be advertised and filled on a permanent basis.

 

15.19    Hours of work

 

The commencing and finishing times for each day are determined by local management.

 

15.20    Rates of pay

 

Temporary employees are paid the hourly rate for their classification.

 

15.21    Overtime

 

Overtime must be paid in accordance with 20. Overtime - Day Work but only when nominated hours are exceeded or work is performed outside the spread of ordinary hours.

 

15.22    Termination

 

The services of a temporary employee will be terminated:

 

(a)        at the end of the period of employment; or

 

(b)       by local management or employee giving at least one week's notice.

 

15.23    Entitlements

 

Temporary employees receive the same entitlements that are contained in the Award for full-time employees.  These entitlements are in proportion to the number of ordinary hours worked to full-time ordinary working hours.

 

2.          Delete subclause 26.5, of clause 26, Annual Leave, and insert in lieu thereof the following:

 

26.5      When an employee takes annual leave for family care reasons 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.

 

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.

 

The number of "separate periods" may then be increased in addition to the 1, 2, or 3 separate periods in 26.4 above.

 

3.          Delete subclause 29.1, of clause 29, Leave for Family Care, and insert in lieu thereof the following:

 

29.1      Purpose

 

To provide care and support for persons who are ill and in need of an employee's personal care, or who will require care due to an unexpected emergency.

 

4.          Delete subclause 29.7, of the said clause 29, and insert in lieu thereof the following:

 

29.7      Subject to the Annual Leave Act, 1944, employees may apply for annual leave:

 

(a)        when they have an annual leave credit to cover the requested period of absence; and

 

(b)       for periods not exceeding ten days in single day periods, or part thereof, in any calendar year, at a time(s) agreed to by local management. The number of "separate periods" of annual leave may be increased beyond the 1, 2 or 3 separate periods shown in 26. Annual Leave.

 

5.          Delete clause 35, Parental Leave, and insert in lieu thereof the following:

 

35.1      Parental Leave

 

The provisions of the Industrial Relations Act 1996 shall apply. Employees who are eligible for maternity or adoption leave under the Industrial Relations Act 1996 shall be entitled to receive up to fourteen (14) weeks paid leave (or twenty-eight (28) weeks at half pay) at their ordinary rate of remuneration.

 

Employees who are eligible for paternity leave under the Industrial Relations Act 1996 shall be entitled to receive up to one (1) week of paid leave (or two (2) weeks at half pay) at their ordinary rate of remuneration.

 

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

 

35.2      Entitlement of Eligible Casual Employees to Unpaid Parental Leave

 

(a)        An employer must not fail to re-engage a regular casual employee because:

 

(i)         the employee or employee's spouse is pregnant; or

 

(ii)        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.

 

35.3      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 35.3 (a)(ii) and 35.3(a)(iii) must be recorded in writing.

 

(d)       Request to return to work part-time

 

Where an employee wishes to make a request under 35.3(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.

 

35.4      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:

 

(a)(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

 

(a)(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).

 

6.          This variation shall take effect from the 19 December 2005.

 

 

 

F. L. WRIGHT J , President

 

 

 

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Printed by the authority of the Industrial Registrar.