Downer
Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Consortium
Condong & Broadwater Co Generation Construction Projects Consent Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FAMILY PROVISIONS CASE - 19
DECEMBER 2005.
(No. IRC 4201 of 2005)
VARIATION
1. Insert at the
end of subclause 12.2 of clause 12, Other Leave, of the award published 17
February 2006 (357 I.G. 149), the following new item:
Bereavement entitlements for casual employees
(i) Subject to
the evidentiary and notice requirements in this subclause 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 subclause 14(1)(c)(ii) of clause 14, Personal/Carer's
Leave.
(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 engage a casual employee are otherwise not affected.
2. Delete 14(1)(a)
of clause 14, 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 class of
person set out in 14(1)(c)(ii) 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 10, Sick Leave of the award, 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.
3. Delete 14(1)(b)
of clause 14, Personal/Carer's Leave, and insert in lieu thereof the following:
(b) The employee
shall, if required,
(1) 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
(2) 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.
4. Insert the
following notation at the end of 14(1)(c)(ii)(f) of clause 14, Personal/Carer's
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
disputes procedure at clause 19, Dispute Prevention Procedures, should be
followed.
5. Delete 14(2)
of clause 14, Personal/Carer's Leave, and insert in lieu thereof the following:
(2) 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 class of person set out in 14(1)(c)(ii) above who is ill or who requires care
due to an unexpected emergency.
6. Delete 14(3)(a)
of clause 14, Personal/Carer's Leave, 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.
7. Insert the
following new item 14(3)(d) into clause 14, Personal/Carer's Leave, as follows:
(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.
8. Insert the
following new item 14(6) into clause 14, Personal/Carer's Leave, as follows:
(6) Personal Carers Entitlement for casual employees -
(i) Subject to
the evidentiary and notice requirements in 14(1)(b) and 14(1)(c)(ii)(f) 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 subclause 14(1)(c)(ii) 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.
(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.
9. Delete clause
13, Parental Leave, and insert in lieu thereof the following:
13. 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).
10. This order
shall take effect on and from 19 December 2005.
NOTE: This variation
is made pursuant to section 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 J,
President, 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.