Fair Work Act 2009
Sch 1 s 53Resolving interactions between enterprise agreements and paid family and domestic violence leave
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53 Resolving interactions between enterprise agreements and paid family and domestic violence leave
(1) On application by an employer, employee or employee organisation covered by a pre‑commencement enterprise agreement, if:
(a) the agreement includes terms entitling employees to paid family and domestic violence leave within the ordinary meaning of that expression; and
(b) the FWC considers that the effect of those terms is detrimental when compared with the entitlement under Subdivision CA of Division 7 of Part 2‑2 as amended by Schedule 1 to the amending Act (the NES entitlement);
the FWC may make a determination varying the agreement to make the agreement consistent with the NES entitlement.
(2) On application by an employer, employee or employee organisation covered by a pre‑commencement enterprise agreement, the FWC may make a determination varying the agreement to make it operate effectively with the following:
(a) the provisions of Subdivision CA of Division 7 of Part 2‑2 as amended by Schedule 1 to the amending Act;
(b) section 107, to the extent that it relates to taking leave under that Subdivision.
(3) A variation of a pre‑commencement enterprise agreement under this clause operates from the day specified in the determination, which may be a day before the determination is made.