South Australian Current Acts

FAIR WORK ACT 1994 - SECT 71

71—Annual leave

        (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)         A Full Bench of 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.