Understanding the Positive Duty to Accommodate Breastfeeding Workers Under Recent Australian Laws
Breastfeeding is a natural and essential part of motherhood, yet many working women face challenges balancing their job responsibilities with the need to breastfeed or express milk. Recent changes in Australian laws have introduced a positive duty for employers to accommodate women who breastfeed at work. This shift reflects growing recognition of the health benefits of breastfeeding and the importance of supporting working mothers. This article explores what the positive duty means, how it affects workplaces, and practical steps employers and employees can take to ensure compliance and support.
What Is the Positive Duty to Accommodate Breastfeeding Workers?
The positive duty requires employers to take proactive steps to support women who are breastfeeding. Unlike previous laws that merely prohibited discrimination, this duty compels employers to create an environment where breastfeeding workers can continue their feeding routines without penalty or inconvenience.
This duty is grounded in the principle of reasonable accommodation. Employers must provide facilities and flexibility that allow breastfeeding workers to express milk or breastfeed during work hours. This can include:
Providing a private, clean, and safe space for breastfeeding or expressing milk
Allowing flexible breaks to accommodate feeding or expressing schedules
Ensuring access to refrigeration for storing expressed milk
Adjusting work duties or schedules where necessary
The positive duty is part of broader workplace equality and health initiatives, recognising that supporting breastfeeding benefits both employees and employers by promoting health, reducing absenteeism, and improving job satisfaction, retention, positive work culture, productivity and employee loyalty.
Recent Changes in Australian Laws
Australian workplace laws have evolved to strengthen protections for breastfeeding workers. Key legislative updates include:
Fair Work Act Amendments: These clarify that discrimination based on breastfeeding is unlawful and introduce explicit obligations for reasonable accommodation.
Sex Discrimination Act Updates: The Act now explicitly recognises breastfeeding as a protected attribute, making it unlawful to treat breastfeeding workers unfavourably.
Work Health and Safety Laws: Employers and Persons Controlling a Business Undertaking ('PCBUs') have a positive duty to ensure a safe and healthy working environment, including for women workers who breastfeed or express breastmilk. This includes adequate, hygienic facilities, a supportive work culture. Additionally, there is a positive duty to protect workers from harassment, bullying.
State and Territory Regulations: Various jurisdictions have introduced or updated guidelines requiring employers to provide suitable facilities and support.
These changes reflect recommendations from health authorities such as the Australian Breastfeeding Association and align with international standards set by the International Labour Organization.
Why the Positive Duty Matters
Supporting breastfeeding workers is not only a legal obligation but also a practical benefit for workplaces. Breastfeeding has well-documented health benefits for both infants and mothers, including reduced risk of infections, chronic diseases, and postpartum depression. When workplaces accommodate breastfeeding, they contribute to public health goals.
Employers also benefit through:
Reduced absenteeism: Breastfed babies tend to have fewer illnesses, leading to fewer days off for parents. Supported employee is positive about her employer.
Increased employee retention: Mothers who feel supported are more likely to return to work and stay longer. Reduction of turnover costs results.
Improved workplace morale: Demonstrating care for employees’ needs fosters loyalty and a positive culture. This leads to productivity and loyalty.
Practical Steps for Employers
Employers can take several concrete actions to meet their positive duty:
1. Provide Suitable Facilities
A dedicated breastfeeding or expressing room should be:
Private and lockable
Clean and hygienic
Equipped with comfortable seating
table for breastpump equipment
Near a power outlet for breast pumps, room for a pram where possible
breastfeeding posters, prints, affirmation cards
Close to a refrigerator for milk storage
Close to a sink where possible
2. Allow Flexible Breaks
Employers should allow breastfeeding workers to take breaks as needed without penalty. This flexibility helps mothers maintain milk supply and reduces stress, prevent health and breastfeeding complications (such as mastitis, engorgement, thrush), helps mothers to produce milk for their babies/children. Lactation is a 24/7 physiological process that does not stop during work hours. Regular feeding or expressing is required.
3. Train Managers and Staff
Awareness training helps managers understand their obligations and fosters a supportive environment. It also reduces stigma or misunderstandings about breastfeeding at work. The positive duty obligation requires manages and staff, and visitors to site to accommodate breastfeeding workers and prevent discrimination that comes in the form of negative comments, teasing, jokes, gestures, conduct. Demotions, failure to promote women, frustrating inclusion of women who are breastfeeding (eg by scheduling staff meetings when the employee typically pumps at this time) amount to discrimination.
4. Develop Clear Policies
Written policies outlining the rights and supports for breastfeeding workers provide clarity and consistency. These should be communicated during onboarding and accessible to all employees.
5. Consult with Employees
Engaging breastfeeding workers in discussions about their needs ensures accommodations are practical and effective.
Examples of Accommodation in Practice
A Melbourne-based company converted a small unused office into a breastfeeding room, complete with a comfortable chair and fridge. They also introduced flexible scheduling for new mothers.
A Sydney retail store allows employees to take breaks to express milk and provides a locker for storing breast pumps and a fridge for expressed milk.
A government agency includes breastfeeding support in its diversity and inclusion training, encouraging managers to proactively check in with employees before they return to work to ascertain their needs and redesign shifts.
A Queensland hospital welcomes employees to have their breastfed baby brought in to be breastfed or the employees have the option to express.
An employee at a mechanic workshop breastfed her baby at her desk while she worked. The company held a meeting where this was discussed with all staff including what was inappropriate conduct such as staring, joking etc (Supporting Working Parents Report, 2014, Australian Human Rights Commission).
Challenges and How to Overcome Them
Some employers worry about costs or disruptions. However, many accommodations require minimal investment and yield long-term benefits. Common challenges include:
Space constraints: Creative solutions like shared rooms or scheduled use can help.
Lack of awareness: Training and clear communication address this.
Cultural attitudes: Leadership commitment to inclusion sets the tone.
Employers can seek advice from health organisations or workplace consultants to develop tailored solutions. Rachel McDonald PhD can assist with bringing workplaces and staff up to speed to accommodate their valued women workers.
Email Rachel at rachel@rachelmcdonaldconsultant.com to discuss and book her services or purchase resources
Rights and Responsibilities of Breastfeeding Workers
Workers also have a role in communicating their needs clearly and early. They should:
Inform their employer about their breastfeeding needs as soon as possible
Discuss preferred accommodations and schedules
Know their rights under workplace laws and policies
breastfeed or express to avoid complications such as mastitis, blocked ducts, thrush (in compliance with the WHS Act and equivalents for workers to maintain their health at work).
If issues arise, workers can seek support from their managers, their employer, their HR staff, and also from unions, workplace health and safety bodies, the anti-discrimination commission in their state or federal, or legal advisors.
Supporting breastfeeding workers through the positive duty to accommodate is a practical step toward healthier families and more inclusive workplaces. By understanding recent Australian laws and implementing thoughtful accommodations, employers can create environments where women thrive both as professionals and mothers. For breastfeeding workers, knowing their rights and engaging openly with employers helps ensure their needs are met with respect and care.
The ongoing evolution of workplace laws reflects a growing commitment to gender equality and health. Embracing these changes benefits everyone involved and builds stronger, more supportive communities.
Email Rachel at rachel@rachelmcdonaldconsultant.com to discuss and book her services, purchase resources such as workplace policy templates, breastfeeding agreement templates, posters, affirmation cards, book her to speak at a workshop, conference or staff training, book an audit for Rachel to appraise your workplace to advise on improvements, lactation room or space set up, change to workplace culture, and to provide a Report on the improvements made and compliance with the legal requirements to accommodate breastfeeding employees.
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