South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 70

70—Sick leave/carer's leave

        (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 the Full Commission under subsection (3).

        (3)         The Full Commission 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 the Full Commission under this section.