New south wales industrial gazette

45. Long Service (Extended) Leave
45.1 An employee to whom this subclause applies shall accrue long service leave on the following basis:
(a) On completion of 10 years' service with the Corporation, 44 working days; or
(b) On completion of 7 years’ service the quantum of leave available (30.8 working days) is that which would have applied if pro rata leave was granted; and
(c) On completion of each additional years service 11 working days per year
45.2 An employee whose service terminates with more than 7 years' continuous service shall be paid for such long service leave accrued pursuant to subclause 45.1 less any periods of leave taken.
45.3 Payment of long service leave may be made in advance at the commencement of such leave.
45.4 An employee may elect to take leave at double pay. The additional payment will be made as a non-superable taxable allowance payable for the period of the absence from work. The employees’ leave balance will be debited for the actual period of the absence and further days debited to cover payment of the non-superable taxable allowance.
45.5 An employee who has completed 5 years' continuous service with the Corporation but less than 10 years' continuous service and whose services are terminated by the Corporation for any reason other than the employee’s serious and wilful misconduct, or by the employee due to death, illness, incapacity or domestic or other pressing necessity, shall be paid the monetary value of long service leave accrued of the proportionate amount on the basis of 44 working days for 10 years' service.
45.6 "Full Pay" shall mean the salary prescribed by the Salaries clause of this Award and, in the case of an employee who enters upon a period of leave, such salary as is applicable to the said period of leave; in the case of an employee who dies after having become entitled to but not have entered upon a period of leave, such salary as is applicable at the date of death.
45.7 For the purpose of this clause, continuous service shall include any period of service with any of the Australian Defence Forces, provided that the employee enlisted or was called up direct from the service of the Corporation.
45.8 For the purpose of calculating service for long service leave accrual; single periods of leave without pay not exceeding 6 months shall be counted as service, provided that the employee has completed at least 10 years' service.
45.9 Subject to an employee have completed 10 years' service (as defined above), leave without pay taken for the following reasons is to count as service for long service leave purposes regardless of the period involved, unless otherwise stated:
(a) For military service, e.g. Army, Navy or Air Force;
(b) During major interruptions to public transport;
(c) During periods which as employee is in receipt of workers compensation; or
(d) With Corporation approval, for the purposes of accepting a position with an international organisation.
45.10 For the purposes of this clause, all broken periods of full-time service shall be taken into account for long service leave purposes where a person is currently employed full-time.
45.11 Where, after an employee has become entitled to a period of leave, employment is terminated whether by resignation, death or dismissal for any cause and, subject to subclause 45.5, the employee shall be deemed to have entered upon leave at the date of termination of employment and shall be entitled to payment accordingly.
45.12 Long service leave provided by this clause shall be exclusive of annual leave and any other holidays occurring during the taking of any period of long service leave.
45.13 An application for long service leave shall not be for:
(a) A period of less than half a day (irrespective of whether on full or half pay); or
(b) A period of less than 6 weeks, whether on full or half pay while the person has annual leave to credit.
45.14 If an employee becomes ill during a period of long service leave the CEO shall grant any available sick leave in respect of the period and recredit the long service leave if satisfied that:
(a) The illness is genuine;
(b) The period of illness is of at least 5 working days' duration; and
(c) The application is supported by a satisfactory medical certificate.
46. Leave Without Pay
46.1 The CEO may, subject to such conditions as may from time to time be determined by the Corporation, grant leave without pay to an employee for a period not exceeding 3 years if good and sufficient reason be shown.
46.2 An employee granted leave without pay shall first take all available annual leave, and/or pro rata accumulation, prior to commencing on leave without pay.
46.3 Periods of leave without pay which exceed, in the aggregate, 5 days during the leave year of the incremental period shall not be counted as service for computing annual and sick leave accrual dates and for incremental advancement dates.
46.4 Where a public holiday occurs during a period of leave without pay, payment shall not be made for such holiday period.
47. Maternity Leave
47.1 In this clause, except insofar as the context or subject matter otherwise indicates or requires:
(a) Birth: includes stillbirth.
(b) Expected date of birth: in relation to a female employee who is pregnant, means a date specified by a medical practitioner to be the date on which the medical practitioner expects the employee to give birth as a result of the pregnancy.
47.2 Unless the Corporation otherwise determines, a female employee who is pregnant shall, subject to this clause, be entitled to be granted maternity leave:
(a) For a period of not more than 9 weeks prior to the expected date of birth; and
(b) For a further period ending not more than 12 months after the actual date of birth.
47.3 An employee who has applied for or been granted maternity leave shall, as soon as practicable after the termination of her pregnancy (whether by the birth of a living child or otherwise) notify the Corporation’s office of the termination and the date on which it occurred.
47.4 An employee who has been granted maternity leave may, with the permission of the CEO and subject to such conditions as the Corporation may from time to time determine:
(a) Resume duty on a part-time basis within the period of any such maternity leave; and
(b) Be granted maternity leave for the hours not worked.
47.5 An employee who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.
47.6 Subject to subclause 47.7, an employee who resumes duty immediately upon the expiration of maternity leave shall:
(a) Where the position occupied by her immediately before the commencement of that leave still exists - be entitled to be placed in that position; or
(b) Where the position so occupied by her has ceased to exist - be entitled to be appointed (subject to the availability of other suitable positions) to another position for which she is qualified.
(c) Where an employee who has taken no more than 12 months full time maternity leave or its part time equivalent is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on parental leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave for another pregnancy or adoption.
47.7 Subclause 47.6 shall not apply:
(a) To an employee who is granted leave under any other provisions of this Award to commence immediately after the period of maternity leave granted under this clause; or
(b) During the period that an employee resumes duty on a part-time basis under subclause 47.4

47.8 Except as otherwise provided by subclause 47.9, maternity leave shall be granted without pay.

47.9 An employee who:
(a) Applied for maternity leave within such time and in such manner as the Corporation may from time to time determine;
(b) Prior to the expected date of birth, had ordinary hours of work not less than 31¼ hours per week; and
(c) Prior to the expected date of birth, completed not less than 40 weeks' continuous service of not less than 31¼ hours per week;
shall be entitled to up to 14 weeks paid leave:
Payments may be made:
(a) On a normal fortnightly basis;
(b) In advance in a lump sum; or
(c) At the rate of half pay over a period of 28 weeks on a regular fortnightly basis.
47.10 If a woman gives birth prematurely and before commencing maternity leave, she should be treated as being on maternity leave from the date she enters on leave to give birth to the child. If a woman, entitled to paid maternity leave, wishes to resume duty at such time as would result in double payment, then paid maternity leave ceases from the day she resumes duty.
47.11 A payment under subclause 47.9 may, subject to such conditions as the Corporation may from time to time determine, be made in advance.
47.12 Except as otherwise provided by this clause, nothing in this clause affects any other provision in this Award.
47.13 Employees entitled to maternity leave in accordance with this clause shall also have an additional entitlement as set out in clause 72, Additional Maternity, Adoption and Parental Leave Entitlements of this Award.
48. Parental Leave
48.1 The CEO may grant parental leave for a period not exceeding 12 months to an employee who becomes a parent but is not entitled to maternity leave or adoption leave.
48.2 Parental leave may commence at any time up to 2 years from the date of birth or adoption of the child.
48.3 An employee who has been granted parental leave may, with the permission of the CEO, take such leave:
(a) Full-time for a period not exceeding 12 months; or
(b) Part-time over a period not exceeding 2 years; or
(c) Partly full-time and partly part-time over a proportionate period.
48.4 An employee who resumes duty immediately on the expiration of parental leave shall:
(a) If the position occupied by him/her immediately before the commencement of that leave still exists - be entitled to be placed in that position; or
(b) If the position so occupied by him/her has ceased to exist - be entitled to be appointed (subject to the availability of other suitable positions) to another position for which he/she is qualified.
48.5 Paid parental leave of 1 week on full pay or 2 weeks on half pay is available to employees who:
(a) Prior to the expected date of birth or taking custody, had ordinary hours of work not less than 31¼ hours per week; and
(b) Prior to the expected date of birth, completed not less than 40 weeks' continuous service of not less than 31¼ hours per week;
48.6 Employees entitled to parental leave in accordance with this clause shall also have an additional entitlement as set out in clause 72, Additional Maternity, Adoption and Parental Leave Entitlements of this Award.
49. Military Leave
49.1 Subject to subclause 49.2, the CEO may, during the period of 12 months commencing on 1 July each year, grant to an employee who is a volunteer part-time member of the Defence Forces military leave on full pay for such absence from duty as is necessarily involved:
(a) In respect of periods of annual training not exceeding in the aggregate:
(i) In the case of a member of the Naval Forces - 13 calendar days;
(ii) In the case of a member of the Military Forces - 14 calendar days; or
(iii) In the case of a member of the Air Force - 16 calendar days; and
(b) In respect of attendance at schools, classes or courses of instruction, not exceeding in the aggregate:
(i) In the case of a member of the Naval Forces - 13 calendar days;
(ii) In the case of a member of the Military Forces - 14 calendar days; or
(iii) In the case of a member of the Air Force - 16 calendar days.
49.2 Notwithstanding subclause 49.1 where the commanding officer certifies in writing that it is necessary for an employee to attend on days addition to those specified in subclause 49.1, the CEO may grant to the employee military leave on full pay for a further period not exceeding in the aggregate 4 days in any one year.
49.3 Applications for military leave shall be accompanied by satisfactory evidence of the necessity for attendance and at the expiration of military leave the employee shall furnish to the CEO a certificate of attendance signed by the commanding officer or other responsible officer.
50. Family and Community Service Leave
50.1 Except as otherwise provided by this clause, the CEO may, in the case of pressing necessity, grant to an employee family and community service leave on full pay, 2½ of the employee's working days in the first year of service and, on completion of the first year's service, 5 of the employee's working days in any period of 2 years.
50.2 An employee may be granted family and community service leave:
(a) For reasons related to his/her family responsibilities; or
(b) For the performance of community service; or

(c) On compassionate grounds, such as the death or illness of a close member of the family or a member of the employee’s household; or

(d) In the case of pressing necessity.
50.3 When family and community service leave is exhausted, sick leave may be used by an employee to care for a sick relative. The employee must be solely responsible for their care and support.
50.4 Any unused sick leave accrued from the previous 3 years (minus any sick leave taken) may be used to care for a relative.
50.5 The CEO may authorise additional family and community service leave from sick leave accrued more than three years previously.
51. Sick Leave
51.1 Accrual
(a) All employees employed on a full-time basis are eligible to be granted 15 working days' paid sick leave per calendar year, i.e. 1 January to 31 December.
(b) Sick leave does not accrue on a monthly basis and the full annual entitlement is available from 1 January each year.
(c) The unused component of the annual entitlement is fully cumulative.
(d) Saving of Former Entitlements:
Employees who commenced employment prior to 1 May 1988 and who had an entitlement under the former cumulative scale as at 30 April, 1988 shall retain such entitlement for use, if necessary in future years.
(e) New Appointees
(i) Employees who are appointed after 1 January of a calendar year shall have the annual grant reduced in terms of the following formula:

No. of whole months remaining in year	X	Annual Entitlement
12 months

(ii) Employees who are appointed after the first day of the month will have their sick leave calculated on the basis of complete months of service commencing from the beginning of the month following their date of appointment.

(iii) However, should sick leave become necessary before the expiration of the month of appointment, sick leave may be granted in advance provided it is supported by acceptable medical certificate(s).
(f) Part-time Employees
Annual sick leave entitlement of 15 days per calendar year shall be granted on a pro rata basis and any unused leave shall be fully cumulative.
51.2 Authority to Grant
(a) Where the CEO is satisfied that an employee is unable to perform duty on account of illness, the CEO:
(i) Shall, subject to this clause, grant to the employee sick leave on full pay; and

(ii) May, subject to this clause, grant to the employee sick leave without pay if the absence of the employee extends beyond the limits of sick leave on full pay, which the CEO may grant.

(b) Notwithstanding any other provision, the CEO may grant to an employee such additional amount of sick leave as is deemed fit.
51.3 Requirement for Medical Certificate
(a) An employee absent from duty on the grounds of illness:
(i) In respect of any such absence in excess of 3 consecutive working days - shall; or
(ii) In respect of any such absence of 3 consecutive working days or less - shall if required to do so by the CEO,
furnish a medical certificate to the CEO.
(b) Notwithstanding paragraph 51.3(a), the CEO may at any time require an employee who has been granted sick leave to furnish medical evidence of the inability of the employee to resume duty.
(c) Where an employee applying for sick leave furnishes a medical certificate which appears to the CEO to indicate that the condition of the employee does not warrant the grant of sick leave, that application together with that medical certificate shall be referred forthwith by the CEO to HealthQuest for consideration.
(d) The nature of the leave to be granted to an employee in respect of an application referred to in subparagraph 51.3(a)(ii) shall be determined by the CEO upon the advice of HealthQuest.
(e) Where sick leave is not granted in respect of an application referred to in subparagraph 51.3(a)(ii), the CEO shall, as far as practicable, take into account the wishes of the employee concerned when determining the nature of the leave to be granted in respect of the application.
(f) An employee may elect to have an application for sick leave dealt with confidentially by HealthQuest in accordance with such procedures as may be determined from time to time by the Corporation.
(g) Subject to paragraph 51.3(h) where an employee who is on annual leave, long service leave or any other leave except sick leave furnishes to the CEO a satisfactory medical certificate in respect of illness occurring during that leave, the CEO may, subject to the provisions on sick leave, grant sick leave to the employee for the following period:
(i) In the case of an employee on annual leave - the period set out in the medical certificate; or
(ii) In the case of an employee on long service leave - the period set out in the medical certificate, except if that period is less than 5 working days.
(h) Paragraph 51.3(g) shall apply to all employees other than those on leave prior to resignation or termination of services unless the resignation or termination of services amounts to retirement.
51.4 To Care for a Family Member
(a) When family and community service leave provided in the relevant clause in this Award is exhausted, an employee with responsibilities in relation to a category as set out below who needs the employees care and support may elect to use available paid sick leave, subject to the conditions specified in the subclause, to provide such care and support when a family member is ill.
(b) The sick leave shall initially be taken from the current leave year's entitlement followed, if necessary, by the sick leave accumulated over the previous 3 years. In special circumstances, the CEO may grant additional sick leave from the sick leave accumulated during the employee’s eligible service.
(c) If required by the CEO, the employee must establish, by production of a medical certificate or statutory declaration, the illness of the person concerned.
(d) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) The employee being responsible for the care and support of the person concerned; and
(ii) The person concerned being -
(A) A spouse of the employee; or
(B) A de facto spouse, being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or
(C) A child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent or legal guardian), grandparent), grandchild or sibling of the employee or of the spouse or of the 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 a relative of the staff member who is a member of the same household, where for the purposes of this definition -
"Relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;
"Affinity" means a relationship that one spouse or partner has to the relatives of the other; and
"Household" means a family group living in the same domestic dwelling.
51.5 Higher-Grade Pay
Where an employee performs, for a period of at least 3 months, work for which is fixed a higher rate of salary than that applicable to the employee’s appointed classification and, during the period of 3 months immediately preceding the taking of sick leave, the employee has not ceased to do such work for a period of total or separate periods exceeding the ordinary working week, in such higher classification, the employee shall be paid, in respect of such sick leave, with a maximum of 20 days in respect of any continuous absence the rate of salary applicable to such higher classification which thereafter shall be reduced to the rate of salary applicable to the employee’s appointed classification.
51.6 At Retirement
In the event of the retirement of an employee on account of ill health, such retirement shall not be effected earlier than the date on which the employee’s credit of leave at full pay shall be exhausted unless paid any accrued sick leave at full pay to which such employee would be entitled under the Sick Leave clause in this Award.
51.7 Workers Compensation
(a) This clause applies where an employee is or becomes unable to attend for duty or to continue on duty in circumstances, which may give the employee a right to claim for compensation under the Workers Compensation Act 1987.

(b) Where an employee referred to in paragraph 51.7(a) has made a claim for any such compensation, the employee may, pending the determination of that claim and subject to the provisions of this clause relating to sick leave and to paragraphs 51.7(d) and 51.7(g), be granted by the CEO sick leave on full pay for which the employee is eligible and, if that claim is accepted, the equivalent period of any such sick leave shall be restored to the credit of the employee.

(c) An employee who continues in receipt of compensation after the completion of the period of 26 weeks referred to in section 9.1(a) of the Workers Compensation Act 1987 may, subject to the provisions of this clause relating to sick leave and to paragraph 51.7(g), be paid an amount representing the difference between the amount of compensation payable under that Act and the ordinary rate of pay of the employee. Sick leave equivalent to the amount of the difference so paid shall be debited against the employee.
(d) Where an employee referred to in paragraph 51.7(a) notifies the CEO that he/she does not intend to make a claim for any such compensation, sick leave on full pay shall not be granted but the CEO shall decide as to whether that leave may be granted.
(e) Where an employee who is required to submit to examination by a medical practitioner, or by a medical referee or Board under the Workers Compensation Act 1987, in relation to a claim for compensation under that Act, refuses to submit to or in any way obstructs any such examination, the employee shall not be granted sick leave on full pay until that examination has taken place and a medical certificate has been given indicating that the employee is not fit to resume duty.
(f) Where a medical practitioner, or a medical referee or Board under the Workers Compensation Act 1987, gives a certificate setting our the condition and fitness for employment of the employee or the kind of employment for which the employee is fit, and the CEO makes available to the employee employment falling within the terms of that certificate and the employee refuses or fails to resume or perform the employment so provided, all payments in accordance with this clause shall cease from the date of that refusal or failure.
(g) Notwithstanding paragraphs 51.7(b) or 51.7(c), where there is a redemption of weekly payments by the payment of a lump sum under the Workers Compensation Act 1987, there shall thereupon be no grant of further sick leave on full pay.
52. Special Leave
52.1 Special Purposes
(a) Special leave on full pay shall be granted to an employee:
(i) For the purpose of attending any examination required to qualify for appointment to a position where possession of such qualification is a prerequisite for an appointment to that position; and
(ii) Up to a maximum of 5 days in any one year for the purpose of attending at any other examination approved by the Corporation for the purpose of this paragraph.
(b) Special leave granted for the purpose of attending at an examination shall include leave for any necessary travel to or from the place at which the examination is held.
(c) Special leave on full pay may be granted to an employee for such other purposes and during such periods and subject to such conditions as may be determined from time to time by the Corporation.
52.2 Jury Service
(a) An employee shall, as soon as possible, notify the CEO of the details of any jury summons served on the employee.

(b) An employee who, during any period when otherwise required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge form jury service, furnish to the CEO any certificate attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendance’s by the employee during any such period and the details of any payment or payments made to the employee under section 72 of the Jury Act 1977, in respect of any such period.

(c) The CEO shall, in respect of any period during which an employee was required to be on duty:
(i) Upon receipt of any such certificate of attendance, grant, in respect of any such period for which the employee has been paid our-of-pocket expenses only, special leave on full pay; or
(ii) In any other case, grant at the sole election of the employee:
(a) Subject to this clause, annual leave on full pay; or
(b) Leave without pay.
52.3 Witness at Court
(a) This clause does not apply to an employee who is subpoenaed or called as a witness in an official capacity.
(b) An employee who is subpoenaed or called as a witness shall:
(i) Be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and
(ii) Pay into the Corporation all money paid to the employee under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.
53. Notification of Absence from Duty
53.1 An employee of the Corporation shall not be absent from duty unless reasonable cause can be shown.
53.2 If an employee is absent from duty on account of illness or other emergency, the employee shall forthwith furnish or cause to be furnished, an explanation of the absence.
53.3 An employee who is unable to attend for duty because of sickness, or for any other reason, must ensure that the appropriate Manager is notified by 10.00 a.m. or as soon as practicable thereafter on the day in question of inability to attend for duty.
If the absence is likely to extend beyond one day, notification of that fact shall be made on the first day of absence, if known; otherwise, notification of absence shall be made on each subsequent day until duration of likely absence is known.
53.4 If an employee is absent from duty without authorised leave and does not forthwith furnish, or cause to be furnished, an explanation of the absence to the satisfaction of the CEO, the CEO shall cause to be deducted from the pay of the employee such amount as was paid to the employee in respect of the period of absence.
53.5 An employee who is dissatisfied with a decision of the CEO under subclause 53.4 may appeal against that decision pursuant to the appeal arrangements provided in this Award.
53.6 Nothing in this clause affects any proceedings for a breach of discipline against an employee who is absent from duty without authorised leave.
54. Public Holidays
54.1 Unless directed to attend for duty by the CEO, a staff member is entitled to be absent from duty on any day which is:
(a) A public holiday throughout the State; or
(b) A local holiday in that part of the State at or from which the staff member performs duty; or
(c) A day between Boxing Day and New Year's Day determined by the CEO as an additional day.
54.2 A staff member who is required by the CEO to work on a local holiday may be granted time off in lieu on an hour-for hour-basis for the time worked on a local holiday.
54.3 If a local holiday falls during a staff member's absence on leave, the staff member is not to be credited with the holiday.
55. Study Time
Study time is available to develop the skills and versatility of staff and may be granted at the discretion of CEO for approved courses.
56. Reimbursement of Fees
Staff undertaking approved part-time study or training shall be eligible for reimbursement of all or part of the fees and/or other compulsory charges.
57. Training and Development
The provisions relating to staff development and training activities as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 shall apply.
58. Motor Vehicles
The Corporation shall provide motor vehicles usage to staff as appropriate where it is a requirement of their work.
59. Flexible Work Practices
59.1 Nothing in this Award shall affect the hours of duty of a staff member who is covered by a written flexible working hours agreement negotiated under a Flexible Work Practices, Policy and Guidelines.
59.2 Flexible working hours agreements negotiated in terms of the NSW Government Flexible Work Practices, Policy and Guidelines after the effective date of this Award shall be subject to the conditions specified in this Award and in consultation with the Association.
60. Working from Home
The CEO may grant approval to staff to work from home for temporary or fixed periods.
61. Part Time Work and Job Share Arrangements
61.1 Staff of the Corporation may work part-time or on a job-sharing arrangement where the Corporation supports it.
61.2 Such arrangements shall be detailed in a signed agreement between the staff member and the Corporation.
61.3 Part-time work is permanent employment and part-time staff members normally work fewer hours than full-time staff members and receive all the entitlements of full-time staff members on a proportional basis.
61.4 Job-sharers perform the role of one job and the workload and performance expectations should be similar to what would be expected if one staff member were performing the job.
62. Secondary (Private) Employment
The CEO may approve applications by staff to engage in secondary employment.
62.1 A staff member shall not:
(a) Accept or continue to hold or discharge the duties of or be employed in any paid office in connection with any banking, insurance, mining, mercantile or other commercial business, whether it is carried on by a corporation, company, firm or individual; or
(b) Engage in or undertake any such business, whether as principal or agent; or
(c) Engage in or continue in the private practice of any profession, occupation or trade, or enter into any employment, whether remunerative or not, with any corporation, company, firm or individual so engaged, except with the permission of the CEO.
62.2 The CEO may withdraw any such permission at any time.
62.3 Subclauses 62.1 and 62.2 are subject to any other Act that expressly applies to staff members.
62.4 If a staff member:
(a) Is the holder of an office or position; or
(b) Is engaged in any employment whatever,
other than in connection with the duties of the staff member’s position under the Crown, the staff member must at once notify the fact to the CEO.
62.5 If a staff member has given a notification to the CEO under subclause 62.4, then the CEO may require the staff member to resign the office or position or to abstain from engaging in the employment.
62.6 Current staff shall (if they have not already done so) seek appropriate approval for any existing or intended secondary employment or interests that may conflict with this clause.
63. Performance Management and Appraisal
63.1 A performance management system shall be used to provide employees with formal feedback on their performance and identify and address individual development needs.
63.2 The focus of the system shall be on reviewing specific objectives or key outcomes required of employees in their roles.
63.3 For most positions in the Corporation, objectives or key outcomes may be obtained from, but are not limited to:
(a) The job description;
(b) Specific performance standards that are applicable (e.g. processing turn around times from service level contract); or
(c) Any specific objectives agreed with the employee on their commencement in the position or at their last performance review.
63.4 Each objective or key outcome must be measurable and the measure must be clearly defined as part of the performance management system.
63.5 Although formal performance reviews are completed on an annual basis, managers are expected to provide regular ongoing feedback to their staff regarding their performance.
64. Conduct and Discipline of Employees
64.1 Staff shall abide by the Corporation's Code of Conduct and related policies and procedures.
64.2 Where there appears to be a breach of discipline or poor performance issues, the following steps shall be taken:
(a) The employee who exhibits unsatisfactory performance or behaviour shall be counselled, in order to outline the expected standards.
The employee is then offered assistance and guidance in achieving those standards.
(b) Create a confidential written record of the counselling.
The employee receives a copy of the record, and is given an opportunity to comment either in writing or orally.
The record is placed on the employee’s personnel file only where the employee has been given the opportunity to respond.
(c) Allow the employee adequate time to demonstrate a willingness to improve the performance or behaviour.
If, at the end of this period, no willingness has been demonstrated, then disciplinary action (up to and including dismissal) may be undertaken
(d) Nothing in the procedure limits the rights of the Corporation to summarily dismiss an employee for serious and wilful misconduct.
(e) Ensures that the employee is entitled to have an available employee (from another area not under the direct supervision of the reviewing Manager) present as a witness throughout the process.
A union representative or nominated agent may also be informed, providing confidentiality is not breached.
64.3 The disciplinary procedures are designed to obtain compliance with established rules of conduct and to correct under achievement of goals and obligations established by the employment relationship. These disciplinary procedures are not intended to punish employees.
65. Managing Displaced Staff and Redundancy
65.1 Where changes result in staff becoming displaced, the arrangements for managing such staff shall be in accordance with the NSW Government public sector "Managing Displaced Employees" policy.
65.2 The arrangements shall be based on professional management practice, systematic restructuring process as well as merit and equity principles.
65.3 The provisions for redundancy as outlined in the "Managing Displaced Employees" policy shall apply to the Corporation.
66. Anti-Discrimination
66.1 It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibility as a carer.
66.2 It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.
66.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
66.4 Nothing in this clause is to be taken to affect:
(a) Any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) Offering or providing junior rates of pay to persons under 21 years of age;
(c) Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) A party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
66.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects .... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
67. Transitional Arrangements
Where, through job evaluation, restructuring or other means, the gradings of positions may be affected, each staff member’s individual circumstances shall be taken into account and personal arrangements made as appropriate.
68. Grievance and Dispute Settling Procedures
68.1 Process
(a) All grievances and disputes relating to the provisions of this Award are to be dealt with initially as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the appropriate division, if required.
(b) Further details and guidelines on process shall be in accordance with Corporation policy.
68.2 Formal Notification and Graduated Steps
(a) An employee is required to notify in writing their immediate Manager as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter and, if possible, state the remedy sought.
(b) The immediate Manager must convene a meeting in order to resolve the grievance, dispute or difficulty within 2 working days, or as soon as practicable, of the matter being brought to attention.
(c) If the matter remains unresolved with the immediate Manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter. This Manager must respond within 2 working days, or as soon as practicable.
(d) The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the CEO.
(e) If the matter remains unresolved, the CEO must provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning the action to be taken, or the reason for not taking action, in relation to the matter.
68.3 Representation and Third Parties
(a) An employee, at any stage, may request to be represented by their Association or an Agent.
(b) The employee or the Association or Agent on their behalf or the CEO may seek the assistance of an agreed mediator.
(c) The employee or the Association or Agent on their behalf or the CEO may refer the matter to the NSW Industrial Relations Commission if the matter is unresolved following the use of these procedures.
(d) The employee and Association and Agent agree to be bound by any order or determination by the NSW Industrial Relations Commission in relation to the dispute.
68.4 Normal Work to Continue
(a) Whilst the procedures outlined above are being followed, normal work undertaken prior to the notification of the dispute or difficulty continues unless otherwise agreed between the parties.
(b) In a case involving occupational health and safety, if practicable, normal work proceeds in a manner which avoids any risk to the health and safety of any employee or member of the public.
69. Relationship to Other Awards
69.1 This Award shall be reviewed in light of any variation to the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006, or an award replacing it, in so far as it may affect clauses referred to in that award by this Award.
69.2 Where there may be inconsistencies between this Award and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006, the arrangements in this Award shall prevail.
70. Deduction of Union Membership Fees
70.1 The Association shall provide the employer with a schedule setting out Association membership fees payable by members of the Association in accordance with the Association’s rules.
70.2 The Association shall advise the Corporation of any change to the amount of membership fees made under its rules. Any variation to the schedule of Association membership fees payable shall be provided to the Authority at least one month in advance of the variation taking place.
70.3 Subject to subclauses 70.1 and 70.2 the Corporation shall deduct Association membership fees from the salary of any officer who is a member of the Association in accordance with the Association’s rules, provided that the officer has authorised the Authority to make such deductions.
70.4 Monies so deducted from officers’ salary shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to officers’ Association membership accounts.
71. Secure Employment
71.1 Objective of this Clause
The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.
71.2 Casual Conversion
(a) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.
(b) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.
(c) Any casual employee who has a right to elect under paragraph 71.2, upon receiving notice under paragraph 71.2(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.
(d) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.
(e) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.
(f) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:
(i) whether the employee will convert to full-time or part-time employment; and
(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.
(g) Following an agreement being reached pursuant to paragraph (f) the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.
(h) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.
71.3 Occupational Health and Safety
(a) For the purposes of this subclause, the following definitions shall apply:
(i) A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.
(ii) A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.
(b) Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):
(i) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;
(ii) provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;
(iii) provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and
(iv) ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.
(c) Nothing in this subclause 71.3 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

71.4 Disputes Regarding the Application of this Clause

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.
71.5 This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.
72. Additional Maternity, Adoption and Parental Leave Entitlements
72.1 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).
72.2 The CEO 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 the CEO in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
72.3 Right to request
(a) An employee entitled to parental leave may request the CEO 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 CEO 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 CEO'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 CEO's decision to be in writing
The employee's request and the CEO's decision made under 72.3(a)(ii) and 72.3(a)(iii) must be recorded in writing.
(d) Request to return to work part-time
Where an employee wishes to make a request under 72.3(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.

72.4 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 CEO 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 CEO 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 CEO of changes of address or other contact details which might affect the CEO's capacity to comply with paragraph (a).
73. Casual Personal Carers and Bereavement Leave Entitlements
73.1 Personal Carers entitlement for casual employees
(a) Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in clause 51.4(d) of this Award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out below in (d), and the notice requirements set out in (e).
(b) The CEO and the casual 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) A CEO must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the CEO to engage or not to engage a casual employee are otherwise not affected.
(d) The casual 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 CEO 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, a casual employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.
(e) The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the CEO of their inability to attend for duty. If it is not reasonably practicable to inform the CEO during the ordinary hours of the first day or shift of such absence, the employee will inform the CEO within 24 hours of the absence.

73.2 Bereavement entitlements for casual employees

(a) Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the CEO).
(b) The CEO and the casual 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) A CEO must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the CEO to engage or not engage a casual employee are otherwise not affected.
(d) The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the CEO of their inability to attend for duty. If it is not reasonably practicable to inform the CEO during the ordinary hours of the first day or shift of such absence, the employee will inform the CEO within 24 hours of the absence."
74. No Extra Claims
This Award is premised on the basis that there will be no new salaries or condition claims arising from negotiation of productivity and efficiency improvements covered by this Award.
75. Area, Incidence and Duration
75.1 This Award shall apply to all employees of the Superannuation Administration Corporation unless otherwise specified by the CEO.
75.2 This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the superannuation Administration Corporation (Salaries and Conditions 2004) Award published 6 May 2005 (350 I.G. 899) and all variations thereof.
75.3 The changes made to the Award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 December 2007.
75.4 This Award remains in force until varied or rescinded, the period for which it was made already having expired.