Industrial Relations Act 2016

In deciding whether to agree to an application under section 73 or 74, the employer must consider the following—

the particular circumstances of the employee that give rise to the application, particularly circumstances relating to the employee’s role as the child’s caregiver;

the impact refusal of the application might have on the employee and the employee’s dependants;

the effect that agreeing to the application would have on the conduct of the employer’s business, including, for example—

any additional cost the employer would incur; and

the employer’s capacity to reorganise work arrangements; and

the availability of competent replacement staff; and

any loss of efficiency in the conduct of the employer’s business; and

the impact of the employee’s absence or temporary absence on the delivery of customer service.

The employer must not refuse an application under section 73 or 74 unless the employer has given the employee a reasonable opportunity to discuss the application.

The employer must not unreasonably refuse an application under section 73 or 74.

The employer must advise the employee, in writing, of the employer’s decision—

if the application is for an extension of short parental leave—as soon as possible after receiving the application but before the short parental leave ends; or

for any other application—within 14 days after receiving the application.

If the employer refuses the application, the employer must provide the employee with written reasons for refusing the application.