Section 747 — Fair Work Act 2009 (Cth)

State and Territory laws that are not excluded

This Act is not intended to apply to the exclusion of laws of a State or Territory that provide employee entitlements in relation to the birth or adoption of children, to the extent that those laws:

(a) apply to non‑national system employees; and

(b) provide entitlements for those employees that are more beneficial than the entitlements under the extended parental leave provisions.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 744 — Extending the entitlement to unpaid parental leave and related entitlements
s 745 — Contravening the extended parental leave provisions
s 746 — References to the National Employment Standards include extended parental leave provisions
s 748 — Non‑national system employees are not award/agreement free employees
s 749 — Modification of meaning of base rate of pay for pieceworkers
s 750 — Modification of meaning of full rate of pay for pieceworkers

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