Crown
Employees (Independent Pricing and Regulatory Tribunal 2009) 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
clause 1, Arrangement of the award, published 28 August 2009 (368 I.G. 1388), the
following new clause number and subject matter:
8A. Lactation
Breaks
2. Insert after
clause 8, Hours of Work the following new clause:
8A. Lactation Breaks
8A.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.
8A.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.
8A.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.
8A.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.
8A.5 The Chief
Executive Officer shall provide access to a suitable, private space with
comfortable seating for the purpose of breastfeeding or expressing milk.
8A.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.
8A.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.
8A.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 28, Sick Leave of
this award, or access to the flexible working hours scheme provided in clause
9, Flexible Work Hours 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.