Resolving interactions between enterprise agreements and paid family and domestic violence leave
53 Resolving interactions between enterprise agreements and paid family and domestic violence leave
On application by an employer, employee or employee organisation covered by a pre‑commencement enterprise agreement, if:
the agreement includes terms entitling employees to paid family and domestic violence leave within the ordinary meaning of that expression; and
the FWC considers that the effect of those terms is detrimental when compared with the entitlement under Subdivision CA of Division 7 of Part 2‑2 as amended by Schedule 1 to the amending Act (the NES entitlement);
the FWC may make a determination varying the agreement to make the agreement consistent with the NES entitlement.
On application by an employer, employee or employee organisation covered by a pre‑commencement enterprise agreement, the FWC may make a determination varying the agreement to make it operate effectively with the following:
the provisions of Subdivision CA of Division 7 of Part 2‑2 as amended by Schedule 1 to the amending Act;
section 107, to the extent that it relates to taking leave under that Subdivision.
A variation of a pre‑commencement enterprise agreement under this clause operates from the day specified in the determination, which may be a day before the determination is made.
Schedule 2—Amendments relating to ILO Convention (No. 190)
Fair Work Act 2009
1 Subsection 9(4)
Repeal the subsection, substitute:
Part 6‑3 extends provisions of the National Employment Standards relating to unpaid parental leave, paid family and domestic violence leave and notice of termination to employees not otherwise covered by the provisions.
2 Section 12
Insert:
extended paid family and domestic violence leave provisions: see subsection 757B(4).
3 Section 59
Omit:
Divisions 2 and 3 of Part 6‑3 extend the operation of the parental leave and notice of termination provisions of the National Employment Standards to employees who are not national system employees.
substitute:
Divisions 2, 2A and 3 of Part 6‑3 extend the operation of the parental leave, paid family and domestic violence leave and notice of termination provisions of the National Employment Standards to employees not otherwise covered by those provisions.
4 At the end of subsection 106D(1)
Add:
Leave for victims of crime is a non‑excluded matter under paragraph 27(2)(h).
5 Section 106D (note)
Repeal the note, substitute:
To the extent that leave would constitute leave for victims of crime, the entitlement to paid family and domestic violence leave is extended to the persons mentioned in subsection (3) by Division 2A of Part 6‑3 (see subsection 757B(2)).
6 Subsection 539(2) (after table item 34)
Insert:
34AA | 757C | (a) an employee; (b) a registered employee association; (c) an inspector | (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court | 60 penalty units |
7 After paragraph 557(2)(p)
Insert:
section 757C (which deals with contraventions of the extended paid family and domestic violence leave provisions);
8 Section 741
After:
Division 2 extends the entitlements to unpaid parental leave, and related entitlements.
insert:
Division 2A extends the entitlements to paid family and domestic violence leave.
9 After Division 2 of Part 6‑3
Insert:
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