Crown Employees (School Administrative and Support Staff) 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 382 of 2010)

 

 

VARIATION

 

1.        Insert in clause 1, Arrangement of the award published 31 October 2008 (366 I.G. 887) the following new clause number and subject matter:

 

8A.     Lactation Breaks

 

2.        Insert after clause 8, Meal Breaks the following new clause:

 

8A.  Lactation Breaks

 

8A.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.

 

8A.2   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.

 

8A.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.

 

8A.4   A flexible approach to lactation breaks can be taken by mutual agreement between an employee and their supervisor provided the total lactation break time entitlement is not exceeded.  When giving consideration to any such requests for a flexibility, a supervisor needs to balance the operational requirements of the organisation with the lactating needs of the employee.

 

8A.5   The Department 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 supervisor and employee will take place to attempt to identify reasonable alternative arrangements for the employee's lactation needs.

 

8A.7   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.

 

8A.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 in accordance with subclause 16.9 Sick Leave of this award or, where applicable, through the operation of the provisions of subclause 7.4 of this award.

 

3.        Insert after subclause 16.14 Special Leave, of clause 16, Leave the following new subclause.

 

16.15   Purchased Leave

 

16.15.1          An employee may apply to enter into an agreement with the Department to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.

 

(i)       Each application will be considered subject to operational requirements and personal needs and will take into account the Department's business needs and work demands.

 

(ii)       The leave must be taken in the 12 month period specified in the Purchased Leave Agreement and will not attract any leave loading.

 

(iii)      The leave will count as service for all purposes.

 

16.15.2          The purchased leave will be funded through the reduction in the employee's ordinary rate of pay.

 

(i)       Purchased leave rate of pay means the rate of pay an employee receives when their ordinary salary rate has been reduced to cover the cost of purchased leave.

 

(ii)       To calculate the purchased leave rate of pay, the employee's ordinary salary rate will be reduced by the number of weeks of purchased leave and then annualised at a pro rata rate over the 12 month period.

 

16.15.3          Purchased leave is subject to the following provisions:

 

(i)       The purchased leave cannot be accrued and will be refunded where it has not been taken in the 12 month period.

 

(ii)       Other leave taken during the 12 month purchased leave agreement period i.e. sick leave, recreation leave, extended leave or leave in lieu will be paid at the purchased leave rate of pay.

 

(iii)      Sick leave cannot be taken during a period of purchased leave.

 

(iv)      The purchased leave rate of pay will be the salary for all purposes including superannuation.

 

(v)      Overtime and salary related allowances not paid during periods of recreation leave will be calculated using the employee's hourly rate based on the ordinary rate of pay.

 

(vi)      Higher Duties Allowance will not be paid when a period of purchased leave is taken.

 

16.15.4          Specific conditions governing purchased leave may be amended from time to time by the Department in consultation with the Association.  The Department may make adjustments relating to its salary administration arrangements.

 

4.        This variation shall take effect on and from 2 June 2010.

 

 

 

C.G. STAFF J

 

 

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Printed by the authority of the Industrial Registrar.