Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 757B

Extension to non - national system employees

  (1)   The provisions of Subdivision CA of Division   7 of Part   2 - 2, and the related provisions identified in subsection   (3), apply in relation to a non - national system employee as if:

  (a)   any reference in the provisions to a national system employee also included a reference to a non - national system employee; and

  (b)   any reference in the provisions to a national system employer also included a reference to a non - national system employer.

Note 1:   Subdivision CA of Division   7 of Part   2 - 2 provides for paid family and domestic violence leave.

Note 2:   This subsection applies to express references to national system employees and national system employers, and to references that are to national system employees and national system employers because of section   60 or another similar section.

Extension to sections   30C and 30M national system employees for victims of crime leave

  (2)   To the extent that a person would not be entitled to leave under Subdivision CA of Division   7 of Part   2 - 2 because of subsection   106D(3), the provisions of Subdivision CA of Division   7 of Part   2 - 2, and the related provisions identified in subsection   (3), apply in relation to the person, and the person's employer, as if subsection   106D(3) were omitted.

Note:   Subsection   106D(3) has the effect that a person who is a national system employee only because of section   30C or 30M is not entitled to leave under the Subdivision to the extent that the leave would constitute leave for victims of crime.

Related provisions

  (3)   The related provisions are the following, so far as they apply in relation to Subdivision CA of Division   7 of Part   2 - 2 as it applies because of subsections   (1) and (2):

  (a)   Subdivision D of Division   7 of Part   2 - 2;

  (b)   Divisions   2 and 13 of Part   2 - 2;

  (c)   sections   89 and 98;

  (d)   any other provisions of this Act prescribed by the regulations;

  (e)   any provisions of this Act that define expressions that are used (directly or indirectly) in provisions of Subdivision CA of Division   7 of Part   2 - 2, or in provisions referred to in paragraph   (a), (b), (c) or (d) of this subsection.

Extended paid family and domestic violence leave provisions

  (4)   The extended paid family and domestic violence leave provisions are the provisions of Subdivision CA of Division   7 of Part   2 - 2, and the related provisions identified in subsection   (3) of this section, as they apply because of this section.

Modifications are set out in Subdivision B of this Division

  (4A)   The extended paid family and domestic violence leave provisions have effect subject to the modifications provided for in Subdivision B.

Regulations made for the purpose of provisions

  (5)   Subsections   (1) and (2) also apply to any regulations made for the purpose of a provision to which those subsections apply, other than a provision that is modified by Subdivision B.