Statute Details
- Title: Child Development Co-Savings (Application of Employment Act Provisions) Order
- Act Code: CDCSA2001-OR1
- Legislation Type: Subsidiary legislation (Order)
- Principal Act: Child Development Co-Savings Act 2001 (Cap. 38A)
- Key Enabling Provision: Section 12(2) and (3) of the principal Act
- Current Version Status: Current version as at 26 Mar 2026
- Legislative History (selected): Amended by S 551/2008, S 700/2008, S 230/2011, S 284/2013, S 714/2016, and S 227/2025 (effective 1 Apr 2025 / 31 Dec 2021 depending on amendment)
- Document Sections (as shown in extract): Sections 1–18 (with multiple deletions), including key modifications at paragraphs 3, 3A–4, and 7–12 (and others)
What Is This Legislation About?
The Child Development Co-Savings (Application of Employment Act Provisions) Order is a technical but highly practical instrument. In essence, it “imports” selected dispute-resolution, procedural, and enforcement mechanisms from the Employment Act 1968 into the framework of the Child Development Co-Savings Act 2001—specifically for certain employment-related entitlements created by the principal Act.
The Child Development Co-Savings Act 2001 provides statutory leave entitlements and related protections for parents and caregivers (for example, adoption leave, childcare/extended childcare leave, unpaid infant care leave, shared parental leave, and paternity leave). However, those entitlements are enforced through mechanisms that are not fully self-contained in the principal Act. Section 12(2) and (3) of the principal Act authorises the making of an Order to apply specified provisions of the Employment Act to disputes and claims under the principal Act.
This Order therefore functions as a bridge: it identifies which Employment Act provisions apply, which do not, and how certain provisions must be modified so they make sense in the context of Child Development Co-Savings entitlements. For practitioners, the Order is crucial because it determines (i) the forum and scope of inquiry, (ii) the procedural rules for claims and disputes, and (iii) how offences and enforcement provisions are re-labelled to correspond to the principal Act’s specific leave entitlements.
What Are the Key Provisions?
1. Citation and definitions (Sections 1–2)
Section 1 provides the short title. Section 2 defines “applicable provisions of the Employment Act” by reference to the provisions mentioned in section 12(2) and (3) of the principal Act, but subject to the exceptions, adaptations and modifications set out in paragraph 3(1) and (2)(a)–(c). This definition matters because it frames the scope of what is actually “applied” to principal Act disputes.
2. Prescribed exceptions, adaptations and modifications (Section 3)
Section 3 is the core gateway provision. It does two main things.
(a) For section 12(2) of the principal Act: Section 3(1) states that Parts 13 and 16 and sections 124, 125 and 126 of the Employment Act 1968 apply to the matters described in section 12(2)(a)–(c) of the principal Act, but with important exceptions and modifications. Notably, it provides that sections 128, 138, 139 and 140 of the Employment Act do not apply. It also states that the modifications in paragraphs 3A, 3B, 7, 8, 9, 10, 11, 12, 14, 16 and 17 apply.
(b) For section 12(3) of the principal Act: Section 3(2) addresses claims lodged before 1 April 2017 under section 119 of the Employment Act. It provides that sections 115 to 123 of the Employment Act apply to such claims, again with exceptions and adaptations. Two key points appear in the extract:
- Sections 116 and 121 of the Employment Act do not apply (these are “excluded provisions”).
- Sections 115 to 123 (other than the excluded provisions) must be read with the Second Schedule to the Employment Act.
Section 3(2)(c) and (d) then require that paragraph 4’s modification of section 115 applies, and that “specified subsidiary legislation” applies. Section 3(3) identifies those subsidiary instruments as the Employment (Notes of Evidence — Fees) Regulations (Rg 2) and the Employment (Prescribed Form) Regulations (Rg 4). This is a practical reminder: even where the substantive entitlement is under the principal Act, the procedural “machinery” may rely on Employment Act forms and evidence-fee rules.
3. Modification of offence-related provisions: Section 3A (Employment Act section 103)
Section 3A modifies section 103 of the Employment Act 1968. The extract shows that references in section 103 to an “offence under this Act” are re-read as references to offences under specified sections of the principal Act—namely sections 12AA, 12B, 12D, 12DA, 12E, 12H, or 17 of the principal Act.
It also modifies how references to “the provisions of this Act” and “this Act” are to be understood. In particular, the Order requires that those references be read as references to the “applicable provisions of the Employment Act” and Part 3 and section 17 of the principal Act. This is a classic legislative technique: it preserves the structure of the Employment Act’s enforcement provisions while swapping in the correct offence/entitlement framework from the principal Act.
4. Modification of dispute inquiry scope: Section 4 (Employment Act section 115)
Section 4 is especially important for practitioners because it narrows and specifies what the Commissioner may inquire into and decide. The extract indicates that section 115 of the Employment Act applies with modifications such that the Commissioner may only inquire into and decide particular disputes between employees and employers relating to specific statutory leave entitlements under the principal Act.
In the extract, the Commissioner’s jurisdiction is broken down by entitlement type:
- Female employees under section 9: disputes relating to entitlement to absent herself from work or pay during specified periods, and matters under sections 77 to 86 of the Employment Act as made applicable by section 12.
- Female employees under section 12AA: disputes relating to adoption leave or pay.
- Employees under section 12B: disputes relating to childcare or extended childcare leave or pay.
- Employees under section 12D: disputes relating to unpaid infant care leave.
- Employees under section 12E: disputes relating to shared parental leave or pay.
- Male employees under section 12H: disputes relating to paternity leave or pay.
Section 4(b) further provides that subsection (3) of the modified section 115 is disregarded. While the extract does not reproduce subsection (3), the effect is clear: the Order intentionally removes a limitation or procedural element that would otherwise apply under the Employment Act’s general scheme.
5. Modification of enforcement and offence references: Section 7 (Employment Act section 124)
Section 7 modifies section 124(1) of the Employment Act. The extract shows two main modifications:
- References to “an offence under this Act” are re-read as offences under specified principal Act sections (12AA, 12B, 12D, 12DA, 12E, 12H, or 17).
- References to “any matter for which provision is made by this Act” are re-read to cover matters relating to the relevant principal Act entitlements and the applicable Employment Act provisions as made applicable by section 12.
This ensures that enforcement consequences under the Employment Act align with the principal Act’s substantive rights.
6. Other modifications (Sections 8–12 and beyond)
Although the extract truncates after part of section 7, the table of contents indicates further modifications: paragraphs 8, 9, 10, 11, and 12 modify Employment Act provisions at sections 125, 126, 127/130/132/134, 129, and 131 respectively. These typically relate to procedural steps, time limits, and how Employment Act mechanisms operate when the underlying right is under the Child Development Co-Savings Act. For a practitioner, the practical takeaway is that the Order is not limited to Commissioner inquiry; it also adjusts the broader enforcement and procedural framework.
How Is This Legislation Structured?
The Order is structured as a short set of provisions that (i) define key terms, (ii) prescribe which Employment Act provisions apply, (iii) exclude certain provisions, and (iv) modify specific Employment Act sections so they operate correctly in the context of the principal Act.
In the extract, the structure is as follows:
- Section 1: Citation.
- Section 2: Definitions (including “applicable provisions of the Employment Act”).
- Section 3: Prescribed exceptions, adaptations and modifications for section 12(2) and (3) of the principal Act.
- Sections 3A–4: Specific modifications to Employment Act sections 103 and 115.
- Sections 5–6 and 13, 15, 18: Deleted provisions (reflecting historical changes).
- Sections 7–12: Further modifications to Employment Act sections 124–136 (as indicated by the table of contents).
Who Does This Legislation Apply To?
This Order applies to disputes and claims that arise under the Child Development Co-Savings Act 2001, where section 12(2) and (3) authorise the application of specified Employment Act provisions. In practical terms, it affects employers and employees who are dealing with statutory leave entitlements and related pay under the principal Act.
The modified Commissioner inquiry scope in section 4 makes the target entitlements explicit: adoption leave, childcare/extended childcare leave, unpaid infant care leave, shared parental leave, and paternity leave (and also certain female employee entitlements under section 9). The Order also has a temporal dimension for older claims: section 3(2) applies Employment Act sections 115 to 123 to claims lodged before 1 April 2017 under section 119 of the Employment Act.
Why Is This Legislation Important?
For employment lawyers, the significance of this Order lies in its role as a procedural and enforcement “translation layer”. Without it, practitioners would face uncertainty about which Employment Act mechanisms apply to Child Development Co-Savings entitlements, and how those mechanisms should be read when offences and disputes are framed under the principal Act rather than the Employment Act itself.
First, the Order clarifies jurisdiction and dispute scope. Section 4 limits what the Commissioner may inquire into and decide, aligning the forum’s authority with the specific leave entitlements under the principal Act. This is critical for advising clients on whether a complaint is properly within the Commissioner’s remit, and for structuring pleadings and evidence around the correct statutory entitlement.
Second, the Order ensures enforcement provisions remain coherent. By modifying offence-related references (for example, in sections 3A and 7), it prevents a mismatch where an Employment Act enforcement section would otherwise refer to offences under the wrong statute. This reduces technical challenges and supports consistent application of penalties and related consequences.
Third, it affects procedural compliance for older claims. The incorporation of specified subsidiary legislation (Employment (Notes of Evidence — Fees) Regulations and Employment (Prescribed Form) Regulations) signals that practitioners must pay attention to the correct forms and evidence-fee rules when handling claims within the relevant transitional period.
Related Legislation
- Child Development Co-Savings Act 2001 (Cap. 38A), especially section 12 (application of Employment Act provisions) and the leave entitlement provisions referenced in the Order (e.g., sections 9, 12AA, 12B, 12D, 12DA, 12E, 12H, and section 17).
- Employment Act 1968 (Cap. 91), including Parts 13 and 16 and sections 103, 104, 107, 115, 124–136 (as modified by the Order).
- Employment (Notes of Evidence — Fees) Regulations (Rg 2).
- Employment (Prescribed Form) Regulations (Rg 4).
Source Documents
This article provides an overview of the Child Development Co-Savings (Application of Employment Act Provisions) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.