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AP845540 - Emergency Services Telecommunications Authority Award 2005
This Fair Work Australia consolidated award incorporates all amendments up to and including 24 April 2006 (variations PR969824, PR970365, PR970388 and PR971881).
About this Award:
AP845540 [Pre-Reform FWA Consolidation] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996
INTERGRAPH ENTERPRISE (INTERIM) AWARD 1995 (ODN C No. 23735 of 1995) [Print M9284 [I0248]] Various employees Business equipment industry COMMISSIONER LARKIN SYDNEY, 23 FEBRUARY 2001 Award simplification.
A. Further to the Award Simplification Decision of the Commission issued on 23 December 1997 [Print P7500] and the decision issued by this Commission on 22 February 2001 in [PR901449]. the above award is varied as follows:
PART 1 - APPLICATION AND OPERATION OF AWARD
This award shall be known as the Emergency Services Telecommunications Authority Award 2005.
Part 1 - Application and operation of award
3. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION This award will comes into operation from 22 February 2001 and will remain in force for a period of twelve months.
[4 varied by PR954772 ppc 05Jan05] This award applies in those States of Australia where Employer has offices and operates its business and covers all employees except senior executive officers. [5 varied by PR954772 ppc 05Jan05] This Award will be binding on: This award supersedes the Intergraph Enterprise (Interim) Award 1995, but no right obligation or liability accrued or incurred under that award or variations to it shall be affected by such supersession. Nothing in this award will in itself operate to reduce the conditions of employment of an employee which were in existence immediately prior to or at the commencement of this award in respect of allowable award matters. Intergraph will in each Communication Centre or place of business conducted by it, post and keep posted in a prominent and easily accesible place, a current copy of this award. [9 varied by PR954772 ppc 05Jan05] 9.1 Act means the Workplace Relations Act 1996. 9.2 Centre Manager means the Manager designated by the employer to control and direct the work of the employees at a particular location. 9.3 Commission means the Australian Industrial Relations Commission. 9.4 Communications Centre means a communications facility from which the employer operates emergency communications services. 9.5 Employee means a person employed by the employer in various operational and operational support classification as outlined in clause 14.1. 9.6 Employer means Emergency Communications Victoria. 9.7 Dispute or grievance means a situation that arises where one or more persons feels aggrieved about a particular matter and, as a consequence, a dispute occurs. 9.8 Operations Manager means the senior manager at Integraph holding that position and responsible for operational matters relating communications matters. 9.9 Senior executive officers means persons employed by the employer on an individual contract basis to perform senior management functions. 9.10 Standard Operating Procedures means the administrative and operational procedures and rules under which Employer employees must operate. 9.11 Team leader means s supervisor who is responsible for the management of a number of employees who are grouped into a team at a specific Communications Centre. 9.12 Work practices means the actual ways in which particular jobs are carried out. 9.13 Union means the Australian, Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal Plumbing and Allied Services Union. [9.14 inserted by PR970388 ppc 21Mar06] 9.14 Shift worker means an employee whose ordinary hours of work extend beyond day shift on Monday to Friday and includes persons who work regularly on Saturday or Sunday; workers with variable rosters and continuous shift workers. 10.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 10.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects. 10.3 Nothing in this clause is taken to affect: 10.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; 10.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act; 10.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; 10.3.4 the exemptions in s.170CK(3) and (4) of the Act.
PART 2 - ENTERPRISE FLEXIBILITY
11. ENTERPRISE FLEXIBILITY PROVISIONS (See ss.113A and 113B of the Act) Where the employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply: 11.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established. 11.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them. 11.3 Where agreement is reached an application shall be made to the Commission.
12. DISPUTE SETTLEMENT PROCEDURES 12.1 In the event of a dispute or grievance arising in the workplace the procedures to be followed to resolve the matter will be as follows: 12.1.1 Step One: The subject of the dispute or grievance will be discussed between the employee(s) concerned and the team leader. That person must make a genuine attempt to resolve the matter speedily and equitably witin 48 hours. 12.1.2 Step Two: If the matter cannot be resolved in Step One, the matter will be referred to the Centre Manager who will attempt to resolve the matter within a further 48 hours. An employee representative may be present at this stage at the request of either the employee(s) or the Centre Manager. 12.1.3 Step Three: If the matter remains unresolved it will be referred to the Operations Manager for consideration and decision. At this stage, the Operations Manager must consult with an appropriate employee representative. 12.1.4 Step Four: Should the matter still be unresolved it will be referred to the Commission for resolution. 12.2 While the parties are attempting to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety. PART 4 - EMPLOYMENT RELATIONSHIP 13. TYPES OF EMPLOYMENT 13.1 General 13.1.1 Employees under this award will be employed in one of the following categories:
13.1.1(a) full-time employees
13.1.2 At the time of engagement the employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual. 13.2.1 Casual employees [13.2 renumbered as 13.2.1 by PR969824 ppc 02Feb06] A casual employee is an employee appointed on a casual basis to undertake work. Such employees shall receive a minimum hourly rate of pay based upon 1/2080th of the base rate annual salary for the job classification occupied plus a 25% loading in lieu of all entitlements to leave. 13.2.2 Caring responsibilities [13.2.2 inserted by PR969824 ppc 02Feb06] 13.2.2(a) Subject to the evidentiary and notice requirements in 21.3(a) and 21.3(b), casual employees are entitled to not be available to attend work, or to leave work: 13.2.2(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. 13.2.2(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. 13.3 Part-time employees A part-time employee is an employee appointed to work for a regular, specified number of hours, averaging less than 40 hours per week. Such employees shall be paid at the normal hourly rate paid to full-time employees for each hour worked. PART 5 - WAGES AND RELATED MATTERS
14. CLASSIFICATION AND SALARY RATES [14 varied by PR954772 ppc 05Jan05] 14.1 Classifications 14.1.1 Employer employees two broad categories of employees:
14.1.1(a) Operational employees - who undertake operational duties at the communication centres such as calltakers, dispatchers and team leaders; and
(i) Operational employees [14.1.1(b)(i) substituted by PR905693; PR970365 from 24Mar06] Level Position Title Relativity to Metals C20 Safety Net Increases 2002 to 2005 Minimum Salary per annum Residual Component Total Award Salary per annum $ $
1 Calltaker 100% 2002 27313 0 27313
(ii) Operational support employees [14.1.1(b)(ii) substituted by PR905693; PR970365 from 24Mar06]
Position Title Relativity to Metals C20 Safety Net Increases 2002 to 2005 Minimum Salary per annum Residual component Total Award Salary per annum
14.1.1(c) Residual component The residual component in the above table represents the component above the identified minimum salary. Individual employees entitled to the total award salary at the time this award was made will not be paid less than that rate. Any future increases in the salaries in the award will only be applied to the minimum salary component and absorbed against the residual component. 14.1.1(d) Arbitrated safety net adjustment [14.1.1(d) substituted by PR905693; PR970365 from 24Mar06] The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review-Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK AND WEEKEND WORK
[15 varied by PR954772 ppc 05Jan05] Employees shall be employed for a total of 2080 normal hours per annum (inclusive of all categories of leave), resulting in a n average of 40 hours work per week. In order to be able to provide for Employer's 24 hours a day, seven days per week operation, employees shall work these hours, as appropriate, on a roster as prepared from time to time by the Centre Manager or other responsible manager. [15A inserted by PR970365 from 24Mar06] 15A.1 An employee shall work a reasonable amount of overtime if requested. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(a) any risk to employee health and safety;
15A.2 An employee recalled to work overtime after leaving work shall be paid a minimum of four (4) hours at overtime rates. Provided that an employee requested to commence a shift early, shall be paid overtime only for the hours worked prior to the normal shift commencement. 15A.3 Time worked in excess of rostered ordinary time hours per shift, and, for full-time employees, in excess of 40 ordinary time hours per week will be paid as overtime. 15A.4 Overtime worked on a public holiday or alternative public holiday in excess of the ordinary rostered hours will be paid at triple ordinary time. 15A.5 An employee may elect to take time off normal rostered duty in lieu of overtime, subject to the following:
(a) the time off granted would be no more than the actual time worked;
The granting of the time off will not be unreasonably refused.
[new 16 inserted by PR966485 ppc 15Dec05] 16.1 Prescribed public holidays
16.1.1 An employee other than a shift worker shall be entitled to holidays on the following declared or proclaimed days:
16.1.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December. 16.1.3 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December. 16.1.4 When New Year's Day, Australia Day or Anzac day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday. 16.2 Additional public holidays Where in the state of Victoria, public holidays are declared or prescribed on days other than those set out in 16.1 above, those days shall constitute additional holidays for the purpose of this award. 16.3 Alternative of public holidays by agreement By agreement between the employer and a majority of affected employees, an alternative day may be taken as the public holiday in lieu of any of the prescribed days (as detailed in clause 16.1). Any such agreement shall be recorded in writing and be available to every affected employee. 16.4 Entitlements far Shift Workers in relation to Public Holidays and Substitute Public Holidays [16.4 varied by PR970365 ppc 24Apr06] A full time shift worker who is rostered off duty on a public holiday, alternative day or a substitute day, shall be entitled to a days salary in respect of that day. A full time shift worker is entitled to the following payments in relation to public holidays (as listed in clauses 16.1.1 and 16.2) or alternative days (as agreed in accordance with clause 16.3) and substitute days as prescribed in clauses 16.1.2,16.1.3, and 16.1.4.
The hours are to be calculated in the same manner as sick leave. N/A
16.5 Absence when rostered on a public holiday Employees rostered to work on a public holiday and failing to do so, will not be entitled to public holiday rates for that day. 16.6 Christmas Day [16.6.substituted by PR970388 ppc 21Mar06] In addition to the benefits provided for elsewhere in this clause an employee who works on Christmas Day, 25 December, and this day falls on a Saturday or a Sunday, is entitled to receive the weekend penalty payment plus a loading of 50% in addition to the benefit of the Substitute Day. 16.7 Entitlements for part-Time Shift Workers in relation to Public Holidays and Substitute Public Holidays [16.7 inserted by PR970388 ppc 21Mar06] Where the normal roster of a part-time employee includes a day which is a holiday, the employee is entitled to receive the public holiday penalty rate for working on the day. A part-time employee whose normal roster includes a Saturday or Sunday which would be a prescribed holiday but for the substitution of an alternative day is entitled to the following payments in relation to public holidays (as listed in clauses 16.1.1 and 16.1.2) or alternative days (as agreed in accordance with clause 16.3) and substitute days as prescribed in clauses 16.1.2, 16.1.3 and 16.1.4.
ROSTERED ON ROSTERED OFF PAYMENT
[17 inserted by PR966485 ppc 15Dec05] 17.1 The following shift penalties apply to ordinary hours actually worked: SHIFT DEFINITION RATE
2. 11am to 11pm shift at Tally Ho and Ballarat. 15%
2. Where an equal number of hours are worked before and after midnight Friday, the Saturday rate applies. 25%
2. Where an equal number of hours are worked before and after midnight Saturday, the Sunday rate applies. 50%
1 Where at least half of the shift is worked between midnight Saturday and midnight Sunday. 2. 7pm Sunday to 7am Monday shift at the VPC. 100%
2. At the VPC, where the shift commences at 7pm on the Public Holiday and concludes at 7am the following day. 150% 17.2 Shift Penalty Application
17.2.1 Penalties are paid for all the ordinary hours worked in the particular shift.
[16 renumbered as 18 by PR966485 ppc 15Dec05] 18.1 Employees shall have 160 hours annual leave accrued within every twelve month period commencing from the date of commencement of their employment. [18.2 renumbered as 18.2.1 by PR969824 ppc 02Feb06] 18.2.1 Employees shall take the leave entitlements within twelve months of the entitlement being credited. Any departure from this practice must be approved by the Centre Manager in writing. Leave will be credited on the anniversary of employee's commencement date. 18.2.2 Postponement may be agreed [18.2.2 inserted by PR969824 ppc 02Feb06] By agreement between the employer and the employee, annual leave may be taken at any time within a period of 24 months from the date at which it falls due. 18.3 In addition to the annual salaries prescribed in clause 14 - Classifications and salary rates, employees shall be paid an annual leave loading of 17.5%. [18.4 inserted by PR969824 ppc 02Feb06] 18.4 Notwithstanding the provisions of this clause, an employee may elect, with the consent of the employer, to take annual leave in single periods not exceeding ten days in any calendar year at a time or times agreed between them. [19 inserted by PR969824 ppc 02Feb06] 19.1 An employee shall be entitled to up to three consecutive days/shifts paid leave on each occasion and on production of satisfactory evidence of the death of: 19.1.1 a member of the employee's immediate family; or 19.1.2 a member of the employee's household, where the employee has had a relationship of care of the person concerned. 19.2 The term "immediate family" includes: 19.2.1 a spouse (including a de facto spouse and same sex partner) of the employee; and 19.2.2 a child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent (including step parent), full time guardian, grandparent, grandchild or sibling of the employee, or the employees spouse. 19.3 An employee may take unpaid bereavement leave by agreement with the employer. [20 inserted by PR969824 ppc 02Feb06] Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. The provisions of this clause apply to full-time, part-time and eligible casual employees, but do not apply to other casual employees. An eligible casual employee means a casual employee:
(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and
For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence). An employer must not fail to re-engage a casual employee because:
(a) the employee or employee's spouse is pregnant; or
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. 20.1 Definitions 20.1.1 For the purposes of this clause child means a child of the employee under school age, or a person under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more. 20.1.2 Subject to clause 20.1.3 hereof, in this clause, spouse includes a de facto or former spouse. 20.1.3 In relation to clause 20.7 hereof, spouse includes a de facto spouse but does not include a former spouse. 20.2 Basic entitlement 20.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption. 20.2.2 Subject to 20.5.6 hereof, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:
20.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;
20.3 Variation of parental leave Where an employee takes leave under clause 20.2.1 or 20.4.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in clause 20.2 or the right to request in clause 20.4. 20.4 Right to request 20.4.1 An employee entitled to parental leave pursuant to the provisions of clause 20.2 may request the employer to allow the employee:
20.4.1(a) to extend the period of simultaneous unpaid parental leave provided for in clauses 20.2.2(a) and 20.2.2(b) up to a maximum of eight weeks;
20.4.2 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. 20.4.3 Employee's request and employer's decision to be in writing The employee's request and the employer's decision made under clauses 20.4.1(b) and 20.4.1(c) must be recorded in writing. 20.4.4 Request to return to work part-time Where an employee wishes to make a request under clause 20.4.1(c), 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. 20.5 Maternity leave 20.5.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:
20.5.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;
20.5.2 When the employee gives notice under 20.5.1(a) hereof the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment. 20.5.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date. 20.5.4 Subject to clause 20.2.1 hereof and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth. 20.5.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties. 20.5.6 Special maternity leave
20.5.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
20.5.7 Where leave is granted under clause 20.5.4 hereof, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee. 20.6 Paternity leave 20.6.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:
20.6.1(a a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
20.6.2 The employee will not be in breach of clause 20.6.1 hereof if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances. 20.7 Adoption leave 20.7.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier. 20.7.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:
20.7.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;
20.7.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement. 20.7.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work. 20.7.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances. 20.7.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead. 20.8 Parental leave and other entitlements An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed under clause 20.4. 20.9 Transfer to a safe job 20.9.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. 20.9.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner. 20.10 Returning to work after a period of parental leave 20.10.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave. 20.10.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to clause 20.9, the employee will be entitled to return to the position they held immediately before such transfer. 20.10.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position. 20.11 Replacement employees 20.11.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave. 20.11.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. 20.12 Communication during parental leave 20.12.1 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:
20.12.1(a) 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
20.12.2 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. 20.12.3 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 20.12.1. [21 inserted by PR969824 ppc 02Feb06] 21.1 An employee, other than a casual employee, with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this sub-clause, any sick leave entitlement which accrues after the date of this order for absences to provide care and support for such persons when they are ill or who requires care due to an unexpected emergency. The entitlements of casual employees are set out in clause 13.2. 21.2 The term "immediate family" includes: 22.2.1 a spouse (including a de facto spouse and same sex partner) of the employee; and 22.2.2 a child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent (including step parent), full time guardian, grandparent, grandchild or sibling of the employee. 21.3.1 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned. 21.3.2 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, 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. 21.4 In normal circumstances an employee shall not take carer's leave under this clause where another person has taken leave to care for the same person. 21.5 Personal / carer's leave may be taken for part of a single day/shift. 21.6 The employee will, wherever practicable, give the employer notice prior to the absence of: If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence. 21.7 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 to a family member who is ill. The employer and employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days per occasion, provided the requirements in 21.3(a) and 21.3(b) are met. [22 inserted by PR969824 ppc 02Feb06] 22.1 For reasons of personal illness, incapacity or injury: 22.1.1 a full-time employee shall be entitled to 91.2 hours sick leave per year. 22.1.2 in the first year of employment, sick leave will accrue and be credited on a pro-rata basis from commencement of employment. In the second and subsequent years, full time employees will be credited with their full entitlements on the anniversary of their commencement. 22.1.3 only 34.2 hours paid sick leave without a medical certificate will be allowed in any 12 months period. This is not cumulative. 22.1.4 for all other absences due to illness or injury, the employee shall provide a medical certificate from a duly qualified medical practitioner (ie Doctor of Medicine, Dentist, Podiatrist, Optometrist, Psychologist, Physiotherapist or Chiropractor). 22.1.5 unused sick leave shall be cumulative. 22.1.6 entitlements to sick leave are not subject to a cash payment on termination. [Roping-in Award No.1 of 2004 inserted by PR954560 ppc 21Dec04] This award shall be known as the Intergraph Enterprise Award 2001 Roping-in No. 1 Award of 2004
1. Award Title
The provisions of this award shall be those of the Intergraph Enterprise Award 2001 (the award) as varied from time to time. This award will be binding upon the Australian Municipal, Administrative, Clerical and Services Union (the Union), its officers and members and Emergency Communications Victoria in respect of their employees whether members of the Union or not. This award shall come into force from the beginning of the first full pay period commencing on or after 21 December 2004 and shall remain in force for six months. |
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