Independent
Commission Against Corruption Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, Industrial Organisation of Employees.
(No. IRC 374 of 2010)
Before Commissioner
Bishop
|
31 May 2010
|
VARIATION
1. Insert in the
Arrangement of the award, published 28 August 2009 (368 I.G. 1594), the following
new clause number and subject matter:
12A. Lactation
Breaks
2. Insert after
clause 12, Flexible Work Arrangements the following new clause:
12A. Lactation Breaks
(1) This clause
applies to staff members who are lactating mothers. A lactation break is provided for breastfeeding, expressing milk
or other activity necessary to the act of breastfeeding or expressing milk and
is in addition to any other rest period and meal break as provided for in this
award.
(2) A full time staff
member or a part time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day.
(3) A part time
staff member working 4 hours or less on any one day is entitled to only one
paid lactation break of up to 30 minutes on any day so worked.
(4) A flexible
approach to lactation breaks can be taken by mutual agreement between a staff
member and their manager provided the total lactation break time entitlement is
not exceeded. When giving consideration to any such requests for flexibility, a
manager needs to balance the operational requirements of the organisation with
the lactating needs of the staff member.
(5) The Commissioner
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
(6) Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and staff member will take place to attempt to
identify reasonable alternative arrangements for the staff member’s lactation
needs.
(7) Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
(8) Staff members
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave in accordance with clause 22, Sick Leave of
this award, or access to the flexible working hours scheme provided in clause
11, Hours of Employment - Flexible Working Hours Scheme (FWH) of this award,
where applicable.
3. This variation
shall take effect from 31 May 2010.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.