s84A: s 84A Notify replacement employees that their engagement is temporary
Before engaging an employee to do the work of an employee going on, or on, unpaid parental leave (other than flexible days), the employer tells the replacement that the engagement is temporary and of the absent employee's rights to cancel or end leave early on stillbirth or death of the child, the return to work guarantee, and the employer's right to require an early return where the absent employee ceases caring for the child.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s84A. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Replacement employment contracts or letters containing the s 84A notice; Recruitment checklist step for parental leave backfill roles; Signed acknowledgement from the replacement employee
What usually goes missing
Backfill employees engaged as if permanent; Notice given after engagement; Notice omits the early return rights
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.