Paid Parental Leave Act 2010

An application may be made by an employer to the ART for review (ART review) of an ART reviewable employer decision that relates to the employer.

If a guidance and appeals panel application is taken to have been made because the ART’s decision on review of an ART reviewable employer decision is referred to the guidance and appeals panel, review of the decision to which that application relates is also an ART review.

However, if the ART reviewable employer decision is an employer determination decision that relates to the employer and a person, an application referred to in subsection (1) may only be made if the employer believes that:

both:

a condition in paragraph 101(1)(b) or (c) is not satisfied in relation to the employer determination; and

the employer has not made an election under section 109 that applies to the person; or

a condition in paragraph 101(1)(d), (da) or (e) is not satisfied in relation to the employer determination.

The conditions in paragraphs 101(1)(b) to (e) relate to the employment by an employer of someone to whom parental leave pay is payable.

Section 109 allows an employer to elect to pay instalments to an employee, a class of employees or all employees of the employer. Subsection 101(2) deals with the application of paragraphs 101(1)(b) and (c) if the employer has made an election under section 109 that applies to the person.

An application referred to in subsection (1):

must be made in writing; and

must be accompanied by a statutory declaration verifying the application; and

if the application is for review of an employer determination decision—must:

specify the condition or conditions that the employer believes are not satisfied; and

if paragraph (2)(a) applies to the application—state whether the employer believes that an election under section 109 applies to the person.

An application referred to in subsection (1) may only be made within 14 days after the day on which the ART reviewable employer decision was made.

Paragraph (3)(a) and subsection (4) apply despite:

sections 18 and 19 of the ART Act (which deal with when applications for review may be made); and

subsection 34(1) of the ART Act (which deals with the manner of applying for review).