Crown
Employees (Trades Assistants) 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 462 of 2010)
Before Commissioner
Bishop
|
30 June 2010
|
VARIATION
1. Insert in the
Arrangement of the award, published 14 March 2008 (365 I.G. 155), the following
new clause number and subject matter:
21A. Lactation
Breaks
2. Insert after
clause 21, Parental Leave, the following new clause:
21A. Lactation Breaks
21A.1 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.
21A.2 A full time
employee 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.
21A.3 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.
21A.4 A flexible
approach to lactation breaks can be taken by mutual agreement between a
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 staff member.
21A.5 The employer shall
provide access to a suitable, private space with comfortable seating for the
purpose of breastfeeding or expressing milk.
21A.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.
21A.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.
21A.8 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 or access to flexible working hours or make up time in
their workplace, 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.