Enterprise Agreement 2011-14 - Department of Climate Change
Enterprise Agreement 2011-14 - Department of Climate Change
Enterprise Agreement 2011-14 - Department of Climate Change
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<strong>Department</strong> <strong>of</strong> <strong>Climate</strong> <strong>Change</strong> and Energy Efficiency – <strong>Enterprise</strong> <strong>Agreement</strong> <strong>2011</strong>-<strong>14</strong><br />
41.2. An employee with 12 months continuous service, as defined by the Maternity Leave<br />
(Commonwealth Employees) Act 1973, who is the adoptive parent and primary carer <strong>of</strong> a<br />
newly adopted child (as determined by the Fair Work Act 2009) is entitled to a maximum <strong>of</strong><br />
52 weeks unpaid leave (not to count as service) from the date <strong>of</strong> the placement <strong>of</strong> the child.<br />
The maximum period <strong>of</strong> 52 weeks is reduced by any period <strong>of</strong> leave taken under subclause<br />
42.3.<br />
41.3. An employee with 12 months continuous service who is the adoptive parent and primary<br />
carer <strong>of</strong> a newly adopted child (up to the age <strong>of</strong> 16 years <strong>of</strong> age) is entitled to <strong>14</strong> weeks paid<br />
leave from the date <strong>of</strong> the placement <strong>of</strong> the child. Adoption leave may be taken at half pay<br />
but any period <strong>of</strong> leave in excess <strong>of</strong> <strong>14</strong> weeks will not count as service for any purpose.<br />
42. Permanent/Foster care/Surrogate leave<br />
42.1. The Secretary will grant <strong>14</strong> weeks paid leave, to an employee who has 12 months continuous<br />
service in the Commonwealth, for the purposes <strong>of</strong> caring for a child under a formal<br />
Permanent Care Order or who has enduring parental responsibilities or similar termed<br />
orders. Documentary evidence must be submitted on application for leave.<br />
42.2. Permanent/Foster care leave will be approved for new Permanent Care Orders or new<br />
enduring parental responsibilities under formal fostering arrangements only (i.e. effective<br />
date <strong>of</strong> the order is post this <strong>Agreement</strong>’s date <strong>of</strong> effect) and where the child or children<br />
has/have not previously lived with the employee (e.g. under a foster care arrangement or on<br />
a permanent care basis).<br />
42.3. Where more than one (1) child is placed with the employee at, or around the same time (e.g.<br />
siblings) under separate Permanent Care Orders or enduring parental responsibilities under<br />
formal fostering arrangements, the employee will only be entitled to <strong>14</strong> weeks paid leave in<br />
respect <strong>of</strong> all <strong>of</strong> the children (not <strong>14</strong> weeks paid leave for each child).<br />
42.4. Permanent /Foster care leave is non-gender specific and counts towards any parental leave<br />
that is taken in conjunction with the permanent care <strong>of</strong> a child.<br />
42.5. Permanent care leave, associated with enduring parental responsibilities, may be taken<br />
either as a <strong>14</strong> week block or in lesser amounts up to a total <strong>of</strong> <strong>14</strong> weeks for the purposes <strong>of</strong><br />
completing necessary legal procedures and settling the child(ren) into the home.<br />
42.6. An employee with less than 12 months continuous service in the APS is eligible for<br />
Permanent/ Foster Care leave, but only as leave without pay to count as service.<br />
42.7. Either parent may access up to 52 weeks without pay, interspersed with duty or in a<br />
continuous period, which may be taken during the 66 weeks immediately following the<br />
fostering <strong>of</strong> the child for the purpose <strong>of</strong> foster care. The unpaid leave is not to count as<br />
service.<br />
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