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New South Wales Industrial Relations Commission
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MANNEQUINS AND MODELS (STATE) AWARD
  
Date10/20/2006
Volume361
Part3
Page No.631
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C5167
CategoryAward
Award Code 438  
Date Posted10/20/2006

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(438)

(438)

SERIAL C5167

 

MANNEQUINS AND MODELS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FAMILY PROVISIONS CASE - 19 DECEMBER 2005.

 

(No. IRC 4201 of 2005)

 

 

VARIATION

 

1.          Insert in numerical order in clause 1, Arrangement, of the award published 9 February 2001 (322 I.G. 172), the following new clause numbers and subject matters:

 

9A.      Personal / Carer’s Leave

9B.       Bereavement Leave

9C.       Parental Leave

 

2.          Insert after clause 9, Sundays and Public Holidays, the following new clauses:

 

9A.  Personal/Carer’s Leave

 

(1)        Evidentiary, Qualification and Notice Requirements

 

(a)        The entitlement to Personal / Carer’s Leave in accordance with this clause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

1.          a spouse of the employee; or

 

2.          a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

3.          a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

4.          a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

5.          a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

"relative" means a person related by blood, marriage or affinity,

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

 

 

(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 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.

 

(c)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Personal/Carers Entitlement for casual employees

 

(a)        Subject to the evidentiary and notice requirements in paragraphs (b) and (c) of subclause (1) above 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 (a) of subclause (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."

 

9B.  Bereavement Leave

 

(1)        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, together with proof of attendance in the case of a funeral outside of Australia.

 

(2)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (a) of subclause (1) of clause 9A, Personal/ Carer’s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

 

(3)        Bereavement Leave entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in paragraphs (b) and (c) of subclause (1) of clause 9A 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 prescribed in subparagraph (ii) of paragraph (a) of subclause (1) of clause 9A Personal/Carer’s Leave.

 

(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.

 

9C.  Parental Leave

 

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

 

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

 

(b)        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)."

 

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

 

 

 

____________________

 

 

NOTE:  This variation is made pursuant to s 50 of the Industrial Relations Act 1996, to give effect to the orders made by the Industrial Relations Commission of New South Wales (Full Commission:  Wright P, Sams DP, Staff J and Ritchie C) on 19 December 2005,  published 27 January 2006 (353 I.G. 731).

 

 

G. M. GRIMSON  Industrial Registrar.

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

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