PAID PARENTAL LEAVE ACT 2010 - SECT 224 AAT first review of employer decision--application for review

PAID PARENTAL LEAVE ACT 2010 - SECT 224

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

  (2)   However, if the AAT 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:

  (a)   both:

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

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

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

Note 1:   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.

Note 2:   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.

  (3)   An application referred to in subsection   (1):

  (a)   must be made in writing; and

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

  (c)   if the application is for review of an employer determination decision--must:

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

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

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

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

  (a)   subparagraph   29(1)(a)(ii) of the AAT Act (which deals with oral applications for review); and

  (b)   paragraph   29(1)(d) and subsections   29(7) to (10) of the AAT Act (which deal with when applications for review may be made).