Crown
Employees (Home Care Service of New South Wales - Administrative Staff) Award
2007
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 30 May 2008 (365 I.G. 1629), the
following new clause number and subject matter:
11A. Lactation
Breaks
2. Insert after
clause 11, Flexi-time, the following new clause:
11A. Lactation Breaks
(i) This clause
applies to employees 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.
(ii) A full time
employee or a part time employee 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.
(iii) A part time
employee 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.
(iv) A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee 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 employee.
(v) The employer
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
(vi) 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 employee will take place to attempt to
identify reasonable alternative arrangements for the employee’s lactation
needs.
(vii) Employees
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.
(viii) Employees
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 29, Sick Leave of
this award, or access to the flexible working hours scheme provided in clause
11, Flexi-time 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.