Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_97
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 97
Character Range: 1010528–1011885

97  Preserved transitional award terms

 (1) This clause 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.

 (2) Clause 22 has effect, in relation to the award, as if the following paragraphs were inserted before paragraph 22(3)(a):
 (aa) annual leave;
 (ab) personal/carer's leave;
 (ac) parental leave, including maternity and adoption leave.

 (3) In this clause:

personal/carer's leave includes war service sick leave, infectious diseases sick leave and other like forms of sick leave.

 (4) The regulations may provide that for the purposes of subclause (2):
 (a) parental leave does not include one or both of the following:
 (i) special maternity leave (within the meaning of section 94C);
 (ii) paid leave under subparagraph 94F(2)(b)(i) or (ii); and
 (b) personal/carer's leave does not include one or both of the following:
 (i) compassionate leave (within the meaning of section 93Q);
 (ii) unpaid carer's leave (within the meaning of section 93D).

 (5) Regulations under subclause (4) may be expressed to apply generally or in respect of employees engaged in specified types of employment, such as full‑time employment, part‑time employment, casual employment, regular part‑time employment or shift work.