Crown
Employees (Roads and Traffic Authority of New South Wales - Salaried 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 497 of 2010)
|
Before Commissioner
Bishop
|
17 August 2010
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VARIATION
1. Insert in the
Arrangement of the award, published 9 May 2008 (365 I.G. 1395), the following
new clause number and subject matter:
2A. Lactation
Breaks
2. Insert after
clause 2, Hours of Duty, the following new clause:
2A. Lactation Breaks
2A.1 A lactation break
is provided to lactating mothers for the purposes of 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 in this
Award.
2A.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.
2A.3 A part time staff
member working 4 hours or less per day is entitled to only one paid lactation
break of up to 30 minutes on any day so worked.
2A.4 A flexible
approach to the timing and general management of lactation breaks must be taken
by the 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.
2A.5 The RTA will
provide access to a suitable, private space with comfortable seating for the
purpose of breastfeeding or expressing milk.
Other suitable facilities, such as refrigeration and a sink, will be
provided where practicable.
2A.6 Where it is not
practicable to provide the appropriate space or facilities, discussions between
the manager and the staff member will take place to attempt to identify
reasonable alternative arrangements for the staff member's lactating needs.
2A.7 The manager and
staff member may be guided by the following considerations in determining the
reasonableness and practicality of any proposed alternate arrangement:
(a) whether the
employee is required to work at a site that is not operated or controlled by
the RTA;
(b) whether the
employee is regularly required to travel in the course of performing their
duties;
(c) whether the
employee performs field-based work where access to the facilities in subclause
2A.5 are not available or cannot reasonably be made available; and
(d) the effect that
the arrangements will have on the employee's lactating needs.
2A.8 Employees
experiencing difficulties in effecting the transition from home-based breast
feeding to the workplace will have reasonable telephone access to a free
breastfeeding consultative service, such as that provided by the Australian
Breastfeeding Association's Breastfeeding Helpline Service or the Public Health
System. Access to the service.
(a) shall be granted
during paid time;
(b) is limited to a
reasonable period of time (i.e. if the employee requires extended periods of
consultation, the employee may utilise the provisions of clause 2A9), and
(c) must be at a
time that is mutually convenient to both the employee and the RTA
2A9 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breast feeding and the transition to the workplace
may utilise sick leave in accordance with subclause 9K (Sick Leave) of this
Award, or access the flexible working hours scheme provided in clause 2 (Hours
of Duty) of this Award, where applicable.
3. This variation
shall take effect on and from 17 August 2010.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.