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2019-02-12 Attachment 1 to Item 5 - New Delegations
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Services and Organisation Committee
12 February 2019
Att 1 to Item 5
DELEGATION OF AUTHORITY
TITLE: INDUSTRIAL RELATIONS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Industrial Relations Act 2016
Industrial Relations Regulation 2018
Delegated Power:
1. To exercise powers of the Council pursuant to the Industrial Relations Act 2016.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to ask or require an employee to work additional hours Section 23(2)
if the hours are reasonable under section 26.
Power, as the employer, to agree with an employee who is not covered by an Section 25(1)
applicable industrial instrument, to an averaging arrangement.
Power, as the employer, to decide an employee’s request for flexible working Sections 28(1)
arrangements with or without conditions and (2)
Power, as the employer, to give written notice of the decision on an employee’s Section 28(3)
request for flexible working arrangements.
Power, as the employer, to agree when an employee is to take annual leave. Section 33(1)
Power, as the employer, and where the employer and employee cannot agree Section 33(3)
when the employee is to take annual leave, to decide when the employee is to
take the leave and give the applicable notice to the employee.
Power, as the employer, to agree that an employee may take annual leave Section 33(4)
before becoming entitled to it.
Power, as the employer, to agree to pay the employee for annual leave Section 35(1)
otherwise than in advance.
Power, as the employer, to agree that an employee may cash out a particular Section 37(2)
amount of annual leave.
Power, as the employer, to pay an employee for annual leave not taken on Section 38(3)
termination of employment.
Power, as the employer, to agree to an employee taking additional unpaid Section 42(4)
carer’s leave.
Power, as the employer, to agree to an employee who is a short term casual Section 43(3)
taking additional unpaid carer’s leave.
Power, as the employer, to agree to an employee who is a long term casual Section 44(3)
taking additional unpaid carer’s leave
Power, as the employer, to require an employee to give a doctor’s certificate or Section 45(1)
statutory declaration as evidence of the need to take carer’s leave for more than
2 consecutive days.
Power, as the employer, to require an employee to give a statutory declaration Section 45(2)
or evidence mentioned in section 45(3)(a) to (d) as evidence of the need to take
carer’s leave to care for or support a person who has experienced domestic
violence
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