Document ID: chunk:federal_register_of_legislation:C2025C00150:clause:1_53
Version: federal_register_of_legislation:C2025C00150
Segment Type: clause
Provision Reference: sch 1 cl 53
Character Range: 2124158–2125479

53  Resolving interactions between enterprise agreements and paid family and domestic violence leave
 (1) On application by an employer, employee or employee organisation covered by a pre‑commencement enterprise agreement, if:
 (a) the agreement includes terms entitling employees to paid family and domestic violence leave within the ordinary meaning of that expression; and
 (b) the FWC considers that the effect of those terms is detrimental when compared with the entitlement under Subdivision CA of Division 7 of Part 2‑2 as amended by Schedule 1 to the amending Act (the NES entitlement);
the FWC may make a determination varying the agreement to make the agreement consistent with the NES entitlement.
 (2) On application by an employer, employee or employee organisation covered by a pre‑commencement enterprise agreement, the FWC may make a determination varying the agreement to make it operate effectively with the following:
 (a) the provisions of Subdivision CA of Division 7 of Part 2‑2 as amended by Schedule 1 to the amending Act;
 (b) section 107, to the extent that it relates to taking leave under that Subdivision.
 (3) A variation of a pre‑commencement enterprise agreement under this clause operates from the day specified in the determination, which may be a day before the determination is made.