Employees (NSW TAFE Commission - Administrative and Support Staff Conditions of
Employment) Award 2009
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)
31 May 2010
1. Insert in clause
1, Arrangement of the award, published 31 July 2009 (368 I.G. 793), the
following new clause number and subject matter:
2. Insert after
clause 11, Meal Breaks the following new clause:
11A. Lactation Breaks
(a) 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
(b) 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
(c) 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.
(d) 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.
(e) The Managing
Director shall provide access to a suitable, private space with comfortable
seating for the purpose of breastfeeding or expressing milk.
(f) 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.
(g) 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.
(h) 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 75, Sick Leave of
this award, or access to the flexible working hours scheme provide in clause
18, Flexible Working Hours of this award, where applicable.
3. This variation
shall take effect from 31 May 2010.
A. R. BISHOP, Commissioner
the authority of the Industrial Registrar.