FAIR WORK ACT 1994 - SECT 70
FAIR WORK ACT 1994 - SECT 70
(1) A
contract of employment is to be construed as if it provided for sick
leave/carer's leave in terms of the minimum standard for sick leave/carer's
leave in force under this section unless—
(a) the
provisions of the contract are more favourable to the employee; or
(b) the
provisions of the contract are in accordance with an award or
enterprise agreement.
(2) The minimum
standard for sick leave/carer's leave in force under this section is—
(a) the
standard set out in Schedule 3; or
(b) a
standard substituted for that standard on review by SAET under
subsection (3).
(3) SAET may, on
application by a peak entity—
(a)
review the minimum standard for sick leave/carer's leave in force under this
section; and
(b) if
satisfied that a variation of the minimum standard is necessary or desirable
to give effect to the objects of this Act—substitute a fresh minimum
standard.
(4) An application
under subsection (3) must not be made within 2 years after the completion
of a previous review of the standard by SAET under this section.