Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 745

Contravening the extended parental leave provisions

             (1)  A non‑national system employer must not contravene the extended parental leave provisions.

Note 1:       This subsection is a civil remedy provision (see Part 4‑1).

Note 2:       The extended parental leave provisions also affect national system employers (including as section 44 applies to them) and their national system employees. This is because the provisions may result in a national system employee, and a non‑national system employee, being an employee couple.

             (2)  However, an order cannot be made under Division 2 of Part 4‑1 in relation to a contravention (or alleged contravention) of subsection 76(4).

Note:          Subsection 76(4) states that an employer may refuse an application to extend unpaid parental leave only on reasonable business grounds.

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