Section 129 — Fair Work Act 2009: Application provision—employer-funded paid parental leave under employment contracts

Contracts entered into after section 333X commences (1) Section 333X (employer-funded paid parental leave—preserved if child is stillborn or dies) applies in relation to an employee if: (a) the employee would have had an entitlement to leave mentioned in paragraph 333X(1)(b); and (b) the entitlement arises under a contract of employment; and (c) the contract is entered into on or after the commencement of section 333X. Contracts in effect immediately before section 333X commences (2) Section 333X (employer-funded paid parental leave cannot be refused or cancelled because of child’s stillbirth or death) also applies in relation to an employee if: (a) the stillbirth or death mentioned in paragraph 333X(1)(a) occurs on or after the commencement of section 333X; and (b) the employee would have had an entitlement to leave mentioned in paragraph 333X(1)(b); and (c) the entitlement arises under a contract of employment; and (d) the contract was in effect immediately before that commencement; and (e) at that commencement, the employee: (i) had not given notice of intention to take that leave; or (ii) had given notice of intention to take that leave, but not all the requirements for seeking that leave had been met; or (iii) had met all the requirements for seeking that leave, but had not been approved to take that leave; or (iv) had been approved to take that leave, but had not commenced that leave; or (v) had commenced that leave. Note: Paragraph (d) also covers a contract that is varied after that commencement, as long as the contract (with or without the variation) was in effect immediately before that commencement.