After section 70 insert:
70A—Bereavement leave
(1) A contract of
employment is to be construed as if it provided for bereavement leave in terms
of the minimum standard for bereavement leave in force under this section
unless—
(a) the
provisions of the contract are more favourable to the employee; or
(b) the
provisions of the contract are in accordance with an award or enterprise
agreement.
(2) The minimum
standard for bereavement leave in force under this section is—
(a) the
standard set out in Schedule 3A; or
(b) a
standard substituted for that standard on review by the Full Commission under
subsection (3).
(3) The Full
Commission may, on application by a peak entity—
(a)
review the minimum standard for bereavement leave in force under this section;
and
(b) if
satisfied that a variation of the minimum standard is necessary or desirable
to give effect to the objects of this Act—substitute a fresh minimum
standard.
(4) An application
under subsection (3) must not be made—
(a)
within 2 years after the commencement of this section; or
(b)
within 2 years after the completion of a previous review of the standard by
the Full Commission under this section.