Fair Work Act 2009
Sch 1 s 40Resolving uncertainties and difficulties about interaction between enterprise agreements and unpaid family and domestic violence leave
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40 Resolving uncertainties and difficulties about interaction between enterprise agreements and unpaid family and domestic violence leave
(1) On application by an employer, employee or employee organisation covered by an enterprise agreement that was made before the commencement of the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018, the FWC may make a determination varying the agreement:
(a) to resolve an uncertainty or difficulty relating to the interaction between the agreement and the following (the unpaid family and domestic violence leave provisions):
(i) the provisions of Subdivision CA of Division 7 of Part 2‑2;
(ii) section 107, to the extent that it relates to taking leave under that Subdivision; or
(b) to make the agreement operate effectively with the unpaid family and domestic violence leave provisions.
(2) A variation of an enterprise agreement under this clause operates from the day specified in the determination, which may be a day before the determination is made.