FAIR WORK ACT 1994 - SECT 72A
FAIR WORK ACT 1994 - SECT 72A
72A—Minimum standards—additional matters
(1) SAET may, on
application by a peak entity, establish a standard relating to paid parental
leave that, subject to this section, is also to apply as a minimum standard to
all employers and employees.
(2) A
contract of employment is to be construed as if it incorporated any minimum
standard established under subsection (1) 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.
(3) SAET may, when
substituting or establishing a standard under this Division, exclude an award
from the ambit of the standard (or a part of the standard).
(4) Subject to
subsections (5) and (6), a standard substituted or established by SAET
under this Division prevails over a preceding award to the extent that the
standard is more favourable to employees than any standard prescribed by the
particular award.
(5) A party to an
award may, within 28 days after a standard is set by SAET under this Division,
apply to SAET to have the award excluded from the ambit of the standard (or a
part of the standard).
(6) SAET may grant an
application under subsection (5) if (and only if) SAET is satisfied that
there are cogent reasons for doing so taking into account matters or
conditions that specifically apply or prevail in the relevant industry or
industries.
(7) SAET may grant an
application under subsection (5) on such conditions as SAET thinks fit.
(8) SAET, in acting
under this Division—
(a) must
ensure that each peak entity is notified of the relevant proceedings and
allowed a reasonable opportunity to make representations; and
(b) may
(as it thinks fit) receive and take into account oral or written
representations (or both) from any other person or persons who have, in the
opinion of SAET, a proper interest in the matter.