Section 52 — Fair Work Act 2009: Entitlement to paid family and domestic violence leave

Non-small business employees (1) The amendments made by Schedule 1 to the amending Act apply in relation to an employee, other than a small business employee, whose employment starts on or after the commencement of that Schedule. (2) The amendments made by Schedule 1 to the amending Act also apply, from the commencement of that Schedule, in relation to an employee, other than a small business employee, whose employment started before that commencement, as if the period: (a) starting on that commencement; and (b) ending on the first day after that commencement that is an anniversary of the day the employment started; were a 12 month period. Small business employees (3) The amendments made by Schedule 1 to the amending Act apply in relation to a small business employee whose employment starts on or after 1 August 2023. (4) The amendments made by Schedule 1 to the amending Act also apply, from 1 August 2023, in relation to a small business employee whose employment started before 1 August 2023, as if the period: (a) starting on 1 August 2023; and (b) ending on the first day after 1 August 2023 that is an anniversary of the day the employment started; were a 12 month period. Start of casual employment (5) For the purposes of this clause, if an employee is employed by a particular employer: (a) as a casual employee; or (b) for a specified period of time, for a specified task or for the duration of a specified season; the start of the employee’s employment is taken to be the start of the employee’s first employment with that employer.