South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 72

72—Parental leave

        (1)         A contract of employment is to be construed as if it provided for maternity, paternity and adoption leave (and associated part-time work) in terms of the minimum standard for parental 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 in force under this section is—

            (a)         the standard set out in Schedule 5; 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 parental 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 the Full Commission under this section.