Local Government (State) Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local Government and Shires Association of New South Wales, Industrial Organisation of Employers.
(Case No. 47339 of 2020)
Before Commissioner Murphy
|
24 April 2020
|
VARIATION
1. Insert after subclause L of clause 21,
Leave Provisions, of the award published 17 April 2020 (387 I.G. 591), the
following new subclause:
M. FAMILY AND DOMESTIC VIOLENCE LEAVE
(i) Definitions
(a) In this clause:
"family
and domestic violence" means violent, threatening or other abusive
behaviour, by a family member of an employee or another person living in the
same household as the employee, that seeks to coerce or control the employee
and that causes them harm or to be fearful.
"family
member" means:
(1) a spouse, de facto partner, child,
parent, grandparent, grandchild or sibling of the employee; or
(2) a child, parent, grandparent, grandchild
or sibling of a spouse or de facto partner of the employee; or
(3) a person related to the employee
according to Aboriginal or Torres Strait Islander kinship rules.
(b) A reference to a spouse or de facto
partner in the definition of family member in subclause (i)(a) of this clause
includes a former spouse or de facto partner.
(ii) Entitlement to paid leave
(a) Subject to subclause (iii) of this
clause, an employee, other than a casual employee, is entitled to up to 10
days’ paid leave to deal with the impact of family and domestic violence, as
follows:
(1) the leave is available in full at the
start of each 12 month period of the employee’s employment; and
(2) the leave does not accumulate from year
to year.
(b) Casuals, whilst not eligible for paid
leave under this clause, may make themselves unavailable for work without
consequence to deal with the impact of family and domestic violence.
(iii) Taking paid leave
An
employee may take paid leave to deal with family and domestic violence if the
employee:
(a) is experiencing family and domestic
violence; and
(b) requires flexibility to deal with the
impact of the family and domestic violence.
Note: The reason(s) for which an employee may take
leave include making arrangements for their safety or the safety of a family
member (including relocation), attending urgent court hearings, or accessing
police services.
(iv) Service and continuity
The time
an employee is on paid leave to deal with family and domestic violence counts
as service and does not break the employee’s continuity of service.
(v) Notice and evidence requirements
(a) Notice
An
employee must give their employer notice of the taking of leave by the employee
under this clause. The notice:
(1) must be given to the employer as soon as
practicable (which may be a time after the leave has started); and
(2) must advise the employer of the period,
or expected period, of the leave.
(b) Evidence
An
employee who has given their employer notice of the taking of leave under this
clause must, if required by the employer, give the employer evidence that would
satisfy a reasonable person that the leave is taken for the purpose specified
in subclause (iii) of this clause.
Note: Depending on the circumstances such evidence
may include a document issued by police, a court or a family violence support service,
or a statutory declaration.
3. This Award shall take effect on and
from 24 February 2020 and shall remain in force for a period identical to the
Local Government (State) Award 2017.
J.V. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.