Crown Employees (Public Service Conditions of Employment) Award 2009

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Director of Public Employment.

 

(No. IRC 251 of 2010)

 

 

VARIATION

 

1.        Insert in clause 1, Arrangement of the award published 31 July 2009 (368 I.G. 884) the following new clause number and subject matter:

 

15A.   Lactation Breaks

 

2.        Insert after clause 15, Meal Breaks, the following new clause:

 

15A.  Lactation Breaks

 

15A.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.

 

15A.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.

 

15A.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.

 

15A.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.

 

15A.5  The Department Head shall provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk.

 

15A.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.

 

15A.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.

 

15A.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 79, Sick Leave of this award, or access to the flexible working hours scheme provided in clause 21, Flexible Working Hours of this award, where applicable.

 

3.        This variation shall take effect on and from 28 April 2010.

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.