New south wales industrial gazette

Part B
CLASSIFICATION AND CAREER PROGRESSION
10. Skills and Classifications
10.1 Skills and Classifications
Classifications or skill levels shall relate to the responsibilities, skills and range of tasks performed by the employee. The classification structure incorporated in Schedule A to this Award recognises that CIC is one entity and the structure includes the various tasks and responsibilities of both 'indoor' and 'outdoor' staff as part of the recognition of the one-entity focus. Each level recognises the differences in core tasks and skills between these two traditional areas of the workplace.
10.2 Review of Skills, Responsibilities and Performance
The parties agree that reviews of the skills, responsibilities, performance and classifications may be conducted by the parties from time to time. Should an employee not agree with the outcome of such a review or the employee considers that there are grounds for a review, appeals based on skills, responsibility and flexibility shall in the first instance be by representation to the Chief Executive Officer at any time.
10.3 Careers and Multi-Skilling
10.3.1 In accordance with the provisions of this Award, employees shall be required to perform a variety of tasks associated with the responsibilities, customer services and the efficient delivery of services of CIC.
10.3.2 The skills structure determines career path options for employees and staff training shall be directed at ensuring reasonable opportunity and access to better paid and more fulfilling jobs for employees.

10.3.3 Employees duties shall focus on the efficient delivery of services to customers, but employees shall not be restricted from involvement (at the level of their ability) in tasks other than their usual duties as determined by CIC provided they have appropriate skills and qualifications.

10.3.4 The parties commit themselves to the following principals:
10.3.4.1 acceptance that the work of individuals will be more broadly based and generic in nature, incorporating the ability for an employee to perform a wider range of duties which are incidental or peripheral to their main task or function.
10.3.4.2 subject to agreement by management, employees will undertake training for the wider range and higher level duties. This will lead to access of higher pay when performing those more skilled jobs.
10.3.4.3 the parties will not create barriers to advancement of employees within the skills structure or through access to training.
10.3.4.4 co-operation in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.
10.4 An employee who is required to relieve another employee who is on leave, where the relief period is for five or more consecutive working days, shall be paid an additional allowance for the period relating to these relieving duties. The additional allowance, which will be added to the annual salary, will be a minimum of one additional salary point, or such other greater amount determined by the CEO. The additional allowance will not apply to specific work tasks, training or working under direct supervision, or new work activities within the employee’s current skill/competency level. It shall only be paid where an employee relieves in another position and takes on the duties and responsibilities of the relieved employee.
11. Spare
PART C
REMUNERATION
12. Salaries
12.1 This Award provides salary remuneration in the form of an annualised amount, paid in accordance with clause 31, Payment of Wages, which is all inclusive. It shall be paid according to the Skill Level as outlined in Schedule A to this Award. The remuneration is in consideration of base rate salary; industry allowances and the like, shift rates, training incentives and rewards, special working conditions allowances, hardship payments and all other matters relating to the performance of work.
12.2 Attached to each skill level, there is a minimum annual salary and a maximum annual salary, designed to recognise differences in skill and responsibility which may occur due to employees achieving different standards or groups of skills within the level at different times. For example, within Level One, a new employee without any previous relevant experience should expect to receive the minimum rate prescribed for Level One. An employee who has completed induction and has commenced performing specific tasks should expect to receive a rate higher than the minimum for Level One.
12.3 Annual salary ranges are as follows:
12.3.1 Level One
$30,894 pa to $38,894.00 pa

12.3.2 Level Two

$39,414.00 pa to $48,894.00 pa
12.3.3 Level Three
$48,063.00 pa to $57,251.00 pa
12.3.4 Level Four
$57,252.00 pa to $67,551.00 pa
12.3.5 Level Five
$67,552.00 pa to $83,266.00 pa
12.4 Salary Sacrifice
Opportunities for employee initiated salary sacrifice for superannuation and other benefits are available within the scope of this Award.
12.5 Salary Increases
12.5.1 The salaries provided under this Award have been calculated to take into account adjustments payable under the State Wage Case 2000, the State Wage Case 2001, the State Wage Case 2002, the State Wage Case 2003, the State Wage Case 2004, the State Wage Case 2005, the State Wage 2006 and the State Wage Case 2007. These adjustments may be offset against any equivalent over-award payments and/or award wage increases since 29 May 1991, other than safety net, State Wage Case, and minimum rates adjustments.
12.5.2 The actual travel allowances, plant allowance, dead animal removal allowances and wet weather allowances paid to AWU employees during the previous 12 months will be added to each employee's annual salary to calculate the base salary starting point for this Award.
13. Allowances Ex Salary
13.1 Expenses Incurred by Employees in the Conduct of their Duties
13.1.1 All reasonable expenses incurred by staff in the carrying out of the work of CIC, other than those normally incurred by an employee, shall be reimbursed within seven working days of submission of invoice. Allowance in advance for significant costs will be available but must be approved by the Company Secretary.
13.1.2 Such reasonable expenses may include necessary materials, tools, accommodation and reasonable meals that can be demonstrated as essential for the work.
13.1.3 Where employees are required to be accommodated overnight in the course of their work away from their normal location, the general standard of accommodation should be three star, provided that the level of accommodation is available and further provided that prior approval is granted for that travel and accommodation.
13.2 Allowances in Addition to the Salary Rate
13.2.1 Generally current allowances will not apply in this Award; however, a skill-based allowance specifically for the use of sprays and chemicals of $10.52 per day (or part thereof) will be paid while the employee is employed in a spray crew.
13.2.2 First-aid allowance of $2.00 per day shall apply to one member who holds a current first-aid certificate in each work crew.
13.2.3 Each employee will be given a statement of accrued non salary benefits for annual leave, sick leave and long service leave benefits prior to signing this Award. All existing accrued benefits will be shown on this statement. CIC agree to carry these benefits as an accrued liability for the term of this Award unless the benefits is used or paid to the employee.
14. Performance Appraisal and Rewards
14.1 Where an individual or workplace group performance warrants, the Chief Executive Officer may approve rewards outside salary for individual or workplace group performance. Such rewards will require justification in line with audit procedures.
14.2 It is CIC's intention to develop a salary remuneration system more dependent on performance, that is, a system based on Staff Performance, Evaluation and Development (CEDEPS). CIC's intention is to progressively introduce such a system following consultation with the Consultative Committee.
14.3 Staff employed in professional capacity will have access to a professional career path salary package that recognises both increasing levels of skill and performance. Prior to entering into this Award, the salary career path will be discussed and documented by each professional employee and their relevant supervisor. The annual attainment of professional salary increments will be determined by performance evaluation.
14.4 The CEDEPS system will be developed over the period of this agreement to replace the salary scales with a system based upon the annual salary.
PART D
HOURS OF WORK
15. Ordinary Hours
15.1 General
15.1.1 In recognition of the particular circumstances which apply to the cost-effective delivery of water to irrigators, maximum flexibility of working days and times is essential. Consequently, work patterns, whether on a daily, weekly or seasonal basis, shall, as far as practicable, be tailored to the needs of customers. Generally, only employees involved in water distribution will be expected to work outside weekdays; however, some circumstances may involve other staff in weekend work.
15.1.2 When employees who are not rostered as part of normal working arrangements are required to work Saturdays, Sundays or public holidays, the hours worked will be paid as overtime.
15.2 Basis for Ordinary Hours
15.2.1 The basic unit of determining time worked shall be an average 38-hour week, including authorised paid absences.
15.2.2 In some instances, tasks rather than hours will be an important job feature. In the case of all scheduled maintenance, construction, distribution and administration work, an employee will receive five working days' notice of proposed alterations to normal hours.
15.2.3 The roster associated with water distribution shall be based on a 38-hour week using an annualised hours concept. There will be no impediment to employees and supervisors agreeing to work greater than or less than nine consecutive days, subject to the employee being able to perform those duties in a safe manner. The actual initial roster will be based upon a 9:4 - 9:5 rotation; however, the roster and number of divisions shall be flexible to allow both CIC and the employees to establish the required level of service to all customers and to provide leisure alternatives to the employees. Where a dispute arises in respect of this subclause, the 9:4 - 9:5 roster and the current number of divisions will be retained while the dispute is settled.
15.2.4 An employee with the consent of their supervisor can vary the daily hours of work, providing a total of 160 hours are worked over a four-week cycle. The supervisor may stipulate core hours on a daily basis during which the employee must be available to perform their work duties. Such agreement shall be reviewed between the supervisor and the employee concerned on a month by month basis. (As explanation, this means one RDO can be accrued or taken per four-week cycle. This is not in addition to banked hours.)
15.3 Start and Finish Times
Actual starting and finishing times of individuals shall be determined by references to their particular work area and work loads, both geographically and on a divisional basis. Normally, ordinary hours are to be worked between 6.00 am and 6.00 pm. A minimum 10-hour break between the completion of one day's work and commencement of another shall be taken or overtime to be paid until the break is achieved.
15.4 Working Patterns and Disputes
In the implementation of working hours, the significant determinant is the cost effective and safe delivery of services; however, all reasonable effort should be made to accommodate individual employee's needs. Wherever possible, hours should be constructed to allow maximum access to meaningful leisure time periods. Any dispute in relation to work patterns shall be resolved using the disputes-settling procedure in this Award.
16. Call Out
16.1 An employee recalled to work after leaving CIC's premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work for each time the employee is so called. Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee is recalled to perform is completed within a shorter period.
16.2 The minimum of three hours shall not apply and payment will be for the time actually worked where:
16.2.1 The employee resides on, or adjacent to, the premises; and/or
16.2.2 The employee returns to the place of work on a customary basis for a specific task or tasks.
16.3 This provision shall not apply to water distribution employees, provided that, if such an employee has completed their normal daily work cycle and is then required to attend to work duties within the same 24-hour period, the time spent in travelling to and from their residence and the workplace shall be paid time.
17. Casual Employment
17.1 Casuals will generally be employed where sufficient numbers of appropriately skilled personnel cannot be secured on a regular and ongoing basis by CIC.
17.2 Casuals shall be paid per hour an additional 20% loading according to the skill level they perform, and in most cases at the mid-point of the salary range attaching to the level.
17.3 Minimum engagement for casuals shall be three hours, provided that a shorter period may be negotiated to suit a particular circumstance.
17.4 Subject to subclause 17.3, a casual employee's engagement may be terminated on an hour’s notice.
18. Part-Time Employment
Where an employee is engaged on a part-time basis (and not on a casual basis), benefits outlined in the Award will apply on a pro rata basis.
19. Overtime
19.1 Overtime rates in excess of ordinary rates shall apply under this Award. All work in excess of the normal work cycle will be paid at the hourly rate determined by each employee's annual salary. Approved work in excess of the normal work cycle will be paid at time and one half for the first two hours and then double time thereafter. Overtime worked solely on Sundays shall attract double time from the commencement of the overtime. Overtime worked on public holidays, for non-rostered staff, will be paid at double time and one half. To avoid doubt, this means one and a half times in addition to the normal day's pay.
19.2 Work in excess of the normal work cycle shall not be paid under this Award unless prior approval for the overtime to be worked is obtained from the relevant supervisor.
19.3 Reasonable Overtime
19.3.1 Subject to paragraph 19.3.2, CIC may require an employee to work reasonable overtime at overtime rates.
19.3.2 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.
19.3.3 For the purposes of paragraph 19.3.2, what is unreasonable or otherwise will be determined having regard to:
19.3.3.1 any risk to employee health and safety;
19.3.3.2 the employee's personal circumstances, including any family and carer responsibilities;
19.3.3.3 the needs of CIC;
19.3.3.4 the notice (if any) given by CIC of the overtime and by the employee of his or her intention to refuse it; and
19.3.3.5 any other relevant matter.
19.4 CIC and an employee may agree to adopt flexible approaches to working overtime provided it meets the criteria of maintaining the average of 38-hour week ordinary hours. One such arrangement is detailed in paragraph 15.2.4 herein. To avoid doubt, this means time off in lieu of overtime is available where the ordinary time is averaged over a longer period than one week, where the following requirements are met.
19.4.1 By agreement between CIC and the employee, leave in lieu may be taken for any overtime worked.
19.4.2 CIC will keep a record of all overtime performed for each employee and this record shall be referred to as the ‘Hours Bank’.
19.4.3 CIC shall advise each employee of the amount of accrued overtime in their individual Hours Bank once every month.
19.4.4 Where CIC and an employee have agreed to leave in lieu of overtime, the maximum accrual shall be 12 days per annum. This is to be taken either as one day off a month or else in conjunction with annual leave, or any other manner as agreed to between CIC and the employee concerned.
19.4.5 Overtime shall be credited to the Hours Bank on the basis of one hour worked equals one hour of credit in the bank.
20. Meals and Rest Breaks
20.1 Employees shall be entitled to a meal break each work day of not less than half an hour, which time shall not be paid for. No employee shall be required to work more than five hours without a break for a meal. Where a second meal break is required, such break shall be for duration of 30 minutes and shall not be paid for. Other rest breaks should be taken at times both convenient to colleagues and to customers and are not fixed. CIC expects common sense to prevail and reserves the right to implement set times if evidence of abuse exists.
20.2 CIC and an employee(s) may agree to any variation of this clause to meet the circumstances of the work in hand. For example, employees may take a 20-minute paid break once during a full normal working day, or split that into two 10-minute breaks.
20.3 This clause shall not apply to any employee whose scheduled work in any 24-hour period is four hours or less.
PART E
LEAVE
21. Annual Leave
21.1 Annual leave shall be due annually to employees on the basis of 20 working days per year (accruing at the rate of 2.923 hours per week).
21.2 Annual leave shall not be accrued beyond 40 working days unless mutually agreed between CIC and the employee.
21.3 The taking of annual leave shall be subject to the following:
21.3.1 All such leave, whether ordinary or accumulated, shall be taken only at such times as CIC, for operational purposes, shall deem convenient and, in the absence of agreement on the taking of leave, it shall be taken at a time determined by CIC, provided CIC shall, however, endeavour to comply with the needs of the employees;
21.3.2 After the completion of the first year of service, annual leave shall accrue from month to month and leave so accrued or any portion thereof may be granted to an employee by CIC at such time as the latter deems convenient; and
21.3.3 Annual leave shall accrue to employees in respect of any authorised period of paid absence from duty.
21.3.4 The rate of pay used to determine annual leave payments shall be that rate of pay which applies when the leave is taken.
21.4 All water distribution employees who work a roster shall be entitled to five additional days' leave per annum which shall accrue annually if not taken.
22. Annual Leave Loading
Leave loading shall not apply as a separate payment and has been included in the annualised salaries applicable under this Award. This inclusion in annual salary was calculated at a rate of 17.5% of four weeks' annual salary.
23. Short Term Illness/Injury
23.1 Entitlement
23.1.1 From the date of certification of this agreement, all qualifying employees will be entitled to accrue short-term illness/injury leave ("STI"). STI leave is unlimited subject to this clause.
23.1.2 This leave will only be available to be taken according to the provisions of this clause.
23.2 Payment
23.2.1 This leave shall be paid when the conditions detailed in subclause 23.3 are met.
23.2.2 Payment shall be made to the affected employee on the same basis as if the employee was working normally.
23.2.3 The rate of pay for employees taking this leave shall be at the rate of 100% of the ordinary time earnings that the employee was receiving when the employee proceeded onto this leave.
23.2.4 The taking of this leave shall not affect the continuity of service but does not count for leave accruals.
23.3 Conditions for the Taking of STI Leave
23.3.1 STI leave can only be taken when an employee is either injured through an accident or an illness outside of the working environment and the employee qualifies by the employee's sick leave entitlements having accrued to a minimum of 100 days.
23.3.2 The employee must prove to the satisfaction of the Company that the illness or injury that he/she is suffering from is not permanent in nature and that there is a reasonable likelihood that the employee will be able to return to their normal duties within three months. In the context of this Award, "reasonable likelihood" means, where a single illness extends beyond three months, it shall not be considered to be eligible for STI unless the employee can demonstrate to the satisfaction of the CEO that the employee will be capable of returning to work within a maximum period of three months.
23.3.3 An application must be made to the Company as soon as practicable for the granting of STI leave. This claim must include the following details:
23.3.3.1 Date from which the employee intends to claim STI leave.
23.3.3.2 A doctor’s certificate or other evidence that is satisfactory to the Company detailing the nature of the disability.
23.3.3.3 A medical report or similar that provides a timetable for the rehabilitation of the employee concerned.
23.3.4 Upon a successful application, the Company will make available the accrued STI leave.
23.3.5 Where access to STI leave is refused by CIC, the employee will have access to the employee's accrued sick leave.

24. Sick Leave
24.1 Sick leave is for the sole purpose of providing income for employees unable to attend work through injury or illness and shall be allowed at 10 days (76 hours in the case of a full-time employee working 38 hours on average per week, pro rata in other cases) per year. In the first six months of service with CIC, the entitlement shall accrue at the rate of one day for each completed month of service, with the balance of the year's entitlement being accruable at the completion of the second six months' service. Unused sick leave will accrue indefinitely.
24.2 An employee (other than a casual employee) after one month's service with CIC, who is absent from work on account of the reasons in subclause 24.1, shall be entitled to leave with normal payment subject to the following conditions:
24.2.1 An employee shall not be entitled to be paid for any absence for any period for which the employee is entitled to worker's compensation;
24.2.2 The employee shall take all reasonable steps, prior to the commencement of such absence, to inform CIC of the employee's inability to attend for duty and shall state the nature of the illness/injury and the estimated duration of the absence; and
24.2.3 CIC may request that a claim for sick leave shall be supported by evidence satisfactory to CIC that the employee was unable to account of illness/injury to attend for duty on the day or days for which leave is claimed.
24.3 Where an employee is absent on sick leave for an extended period and/or management has good and sufficient reason to believe that the employee will be unable to return to work or is unable to undertake the duties of the position, CIC at its cost may direct the employee to undertake a medical examination by a duly qualified medical practitioner to determine the employee's fitness for work and whether the employee should be retired on medical grounds.
24.4 Fraudulent sick leave claims shall be grounds for disciplinary action. Where CIC believes an employee is abusing sick leave benefits, the employee shall be notified in writing of a period of six months' probation. Continued breaches within this period will be grounds for dismissal, provided that process shall not be commenced until after consultation with the Consultative Committee.
24.5 Each employee shall be credited with their accrued number of sick days as an available benefit; however, the use of it shall be subject to this clause and it shall only be taken as a sick leave benefit and not in any other form.
24.6 When an employee has accrued a total of 100 days' sick leave, the employee will from this date forward have access to STI leave. From this date forward the employee's records will show the employee has paid leave entitlements provided for under the STI clause of this Award and the recording of sick leave entitlements will cease but be recorded as 100 days regardless of STI leave actually taken.
24.7 Sick leave will not accrue for any period in which STI leave is available to the employee.
25. Long Service Leave
25.1 Employees who are employed prior to the operative date of this Award that, at the date the Award is made, accrue 11 days/year shall continue to accrue 11 days/year of service. A list of employee names who shall benefit from this clause will be attached as Schedule C.
25.2 With respect to subclause 25.1, all other employees and employees engaged after the operative date of this Award shall accrue long service leave in accordance with the provisions of the Long Service Leave Act 1955.

26. Bereavement Leave
An employee on weekly hiring shall, on the death of a person as described in section 29.3.1.3.2, be entitled to a maximum of three days' leave with pay on the occasion of each death. An employee shall not be entitled to bereavement leave under this clause during a period of other leave. Proof of entitlement shall be furnished by the employee to the satisfaction of CIC, if CIC so requests.
Bereavement entitlements for casual employees
(a) Subject to the evidentiary and notice requirements in this clause 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 29.3.1.3.2 of clause 29, Discretionary, Family and 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.
27. 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).
28. Jury and Other Service
28.1 Jury Service
An employee required for jury service during his or her ordinary working hours shall be paid ordinary-time earnings but payments for Court attendance shall be paid directly to CIC. An employee shall notify CIC as soon as possible of the date upon which he or she is required to attend for jury service. Further, the employee shall give CIC proof of his or her attendance, the duration of such attendance and the amount received in respect of jury service.
28.2 Other Service
Employees nominating for other service, which may include voluntary service (S.E.S, Rural Fire Brigade, etc.) will be remunerated for approved absence from work.
29. Discretionary, Family and Personal/Carer’s Leave
29.1 Discretionary Leave
From time to time as applicable the Chief Executive Officer may approve discretionary leave for reasons other than outlined in this Award. Such leave may be granted on the basis of paid or unpaid leave.
29.2 Family Leave
The Chief Executive Officer may approve up to two days per annum as paid family leave.

29.3 Personal/Carer’s Leave

29.3.1 Use of Sick Leave
29.3.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 29.3.1.3.2 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 24, 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.
29.3.1.2 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.
29.3.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
29.3.1.3.1 the employee being responsible for the care of the person concerned; and
29.3.1.3.2 the person concerned being:
(a) a spouse of the employee; or
(b) 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
(c) child or an adult child (including an adopted child, a stepchild, 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
(d) a same-sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where, for the purposes of this subparagraph:
1. "relative" means a person related by blood, marriage or affinity;
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
29.3.1.4 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.
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 42, Grievance/Dispute Procedures, should be followed.
29.3.2 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 member of a class of person set out in 29.3.1.3.2 who is ill or who requires care due to an unexpected emergency.
29.3.3 Annual Leave
29.3.3.1 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.
29.3.3.2 Access to annual leave, as prescribed in subparagraph 29.3.3.1, shall be exclusive of any shutdown period provided for elsewhere under this Award.
29.3.3.3 An employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.
29.3.4 Time Off in Lieu of Payment for Overtime
29.3.4.1 For the purpose only of providing care and support for a person in accordance with paragraph 29.3.1 and, despite any contrary provisions this Award’s overtime provisions provide, the following shall apply:
29.3.4.2 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
29.3.4.3 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.
29.3.4.4 If, having elected to take time as leave in accordance with subparagraph 29.3.4.2, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
29.3.4.5 Where no election is made in accordance with subparagraph 29.3.4.2, the employee shall be paid overtime rates in accordance with the Award.

29.3.5 Make-up Time

An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award, at the ordinary rate of pay.
29.3.6 Rostered Days Off
29.3.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.
29.3.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
29.3.6.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
29.3.7 Personal Carers Entitlement for casual employees -
(1) Subject to the evidentiary and notice requirements in 29.3.1.2 and 29.3.1.4 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 29.3.1.3.2 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.
(2) 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.
(3) 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.
30. Public Holidays
Public holidays, New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Monday, Labour Day, Queen's Birthday, Christmas Day, Boxing Day, on the dates as gazetted from time to time by the NSW Government, shall be allowed without loss of pay. Employees, not working a roster, who work on a public holiday, shall be entitled to overtime (as described in clause 19) or equivalent normal time off without loss of pay at later date. One additional day, called Picnic Day, shall also be allowed without loss of pay. This day is to be observed on the next normal working day after the date declared as the official close of the irrigation season. CIC and employee(s) may agree to alter the actual days on which these public holidays are observed, including taking the days in conjunction with annual leave.