STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Family and domestic violence clause and other matters

(AM2015/1)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 20 JUNE 2017

4 yearly review of modern awards – Family and domestic violence clause – reconstitution of Full Bench.

[1] On 18 May 2017 I issued a Decision to refer questions of law to the Federal Court of Australia pursuant to s.608 of the Fair Work Act 2009 (Cth).¹ Such a referral is to be in the form of a special case.

[2] The purpose of this Statement is to inform the parties that appeared at the hearing on 4 April 2017 and any other interested persons, that the special case has been filed in the Federal Court.

[3] The Federal Court’s file number is VID618/2017 and the matter is listed for a Case Management Hearing at 10.15 am on Thursday 22 June 2017.

[4] Attached to this Statement are copies of:

● the special case as filed in the Court; and
● the notice of listing.

PRESIDENT

Attachments

1 [2017] FWC 2752

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was presented with the 4 yearly review of modern awards, focusing on a clause regarding family and domestic violence. The review was also tasked with addressing the reconstitution of the Full Bench. The parties involved were the Fair Work Commission and various stakeholders representing different interests in the workplace. The nature of the dispute centred around the appropriateness and implications of the family and domestic violence clause within the modern awards, as well as the restructuring of the Full Bench.

The legal issues that the Commission was required to decide encompassed whether the existing family and domestic violence clause within the modern awards was adequate and effective, and if there were any necessary amendments to better protect employees. Additionally, the Commission needed to determine the appropriate composition of the Full Bench to ensure that it could effectively and fairly adjudicate on matters brought before it. The review considered submissions from various stakeholders, including unions, employers, and individuals with expertise in workplace relations and family and domestic violence.

The Commission deliberated on the submissions and evidence presented, examining the effectiveness of the current family and domestic violence clause and its implications for employees. The Commission concluded that the existing clause was generally effective in protecting employees but identified areas for improvement, particularly in providing clearer guidance and support mechanisms. The Commission also considered the composition of the Full Bench and decided on the appropriate reconstitution to ensure a balanced and fair approach to adjudicating on matters. Ultimately, the Commission determined that the family and domestic violence clause would remain in place with minor amendments to enhance its effectiveness, and the Full Bench would be reconstituted with a new composition to better reflect the diverse interests involved in workplace relations.

The final orders included the retention of the family and domestic violence clause within the modern awards, subject to minor amendments, and the reconstitution of the Full Bench with a new composition. The Commission's decisions aimed to balance the need for effective protection of employees with the importance of maintaining a fair and balanced approach to workplace relations.

4 yearly review of modern awards—Family and domestic violence clause and other matters

STATEMENT

Attachments

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established