Commonwealth Numbered Regulations

WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 3.7.13

                For subclause 101 (2) of Schedule 6 to the Act, a preserved transitional award term about parental leave is to be treated, for the purposes of the application of Schedule 6 to the Act, as being about separate matters to the extent that it is about paid and unpaid parental leave.

Note 1    This regulation applies to a transitional award (other than a Victorian reference award) to the extent that the award regulates excluded employers in respect of the employment of employees in Victoria: see subclause 100 (1) of Schedule 6 to the Act.

Note 2    There is no entitlement in relation to paid parental leave under the Australian Fair Pay and Conditions Standard.

Therefore, if:

(a)   there is an entitlement in relation to parental leave, including maternity and adoption leave, under the preserved transitional award term and the Australian Fair Pay and Conditions Standard; and

(b)   there is an entitlement to paid parental leave under the preserved transitional award term;

the effect of this regulation is that the entitlement to paid parental leave will continue to operate independently of the entitlement which applies in relation to parental leave under either the preserved transitional award term or the Australian Fair Pay and Conditions Standard.

Note    This Chapter is made for Schedule 2 to the Act. See also sections 4, 5, 6 and 7 of the Act.