Result

defendant. The Commission granted the application in part, varying the awards to include provision for 12 weeks' paid maternity leave subject to 12 months' continuous service, to be phased in over a...

Key principles

• The Commission, in determining whether to vary an award to include a provision for paid maternity leave, must balance the competing considerations of the needs of working women...
• The Commission has jurisdiction under s. 31 of the Conciliation and Arbitration Act 1904 (Cth) to make an award or variation thereof which includes provisions for maternity...
• The provision of paid maternity leave is an industrial matter within the meaning of the Act, as it relates to the relationship between employer and employee and the conditions of...
• The Commission should adopt a cautious approach to the introduction of paid maternity leave, having regard to the potential economic impact on employers, particularly small...

Issues before the court

• Whether the Commission has jurisdiction under the Conciliation and Arbitration Act 1904 (Cth) to include provisions for paid maternity leave in an...