South Australian Numbered Acts

FAIR WORK (FAMILY AND DOMESTIC VIOLENCE LEAVE) AMENDMENT ACT 2023 (NO 10 OF 2023) - SECT 4

4—Insertion of section 70B

After section 70A insert:

70B—Family and domestic violence leave

        (1)         A contract of employment is to be construed as if it provided for family and domestic violence leave in terms of the minimum standard for family and domestic violence leave in force under this section unless the provisions of the contract are more favourable to the employee.

        (2)         The minimum standard for family and domestic violence leave in force under this section is—

            (a)         the standard set out in Schedule 3B; 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 family and domestic violence 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—

            (a)         within 2 years after the commencement of this section; or

            (b)         within 2 years after the completion of a previous review of the standard by SAET under this section.