FAIR WORK ACT 1994 - SECT 71
FAIR WORK ACT 1994 - SECT 71
(1) A
contract of employment is to be construed as if it provided for annual leave
in terms of the minimum standard for annual 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 annual leave in force under this section is—
(a) the
standard set out in Schedule 4; 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 annual 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 minimum standard by SAET under this section.