Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 83

Consultation with employee on unpaid parental leave

             (1)  If:

                     (a)  an employee is on unpaid parental leave; and

                     (b)  the employee's employer makes a decision that will have a significant effect on the status, pay or location of the employee's pre-parental leave position;

the employer must take all reasonable steps to give the employee information about, and an opportunity to discuss, the effect of the decision on that position.

             (2)  The employee's pre-parental leave position is:

                     (a)  unless paragraph (b) applies, the position the employee held before starting the unpaid parental leave; or

                     (b)  if, before starting the unpaid parental leave, the employee:

                              (i)  was transferred to a safe job because of her pregnancy; or

                             (ii)  reduced her working hours due to her pregnancy;

                            the position the employee held immediately before that transfer or reduction.



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