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

The case before the Full Bench of the Fair Work Commission was an application by the Australian Council of Trade Unions, the Australian Chamber of Commerce and Industry, and the Australian Retailers Association for a review of modern awards. The application specifically sought changes to the family and domestic violence clause and other matters. The respondents, including various unions and employee representatives, opposed the application. The Fair Work Commission, acting in its capacity as the Full Bench, was tasked with deciding the legal issues arising from the application.

The legal issues before the Full Bench centred on the interpretation and application of the family and domestic violence clause in modern awards. The applicants argued that the clause should be amended to better protect employees affected by family and domestic violence, while the respondents contended that the existing provisions were adequate and that any changes should be made through legislative means rather than through the award-making process. Additionally, the Full Bench had to consider other matters raised by the applicants, such as the need to streamline and simplify award provisions.

The Full Bench considered the arguments presented by both the applicants and respondents, examining relevant legislation, case law, and the objectives of the Fair Work Act. The Full Bench found that the existing provisions in the modern awards were not sufficient to adequately protect employees affected by family and domestic violence and that the award-making process was an appropriate forum to address these issues. The Full Bench also considered the need for streamlined and simplified award provisions and made several amendments to achieve this goal. Ultimately, the Full Bench rejected the application for changes to the family and domestic violence clause but made various other amendments to the awards.

The Fair Work Commission ordered that the modern awards be amended in accordance with the decisions made by the Full Bench. The amendments included changes to provisions on leave, penalty rates, and other matters, but did not include changes to the family and domestic violence clause. The Full Bench also made orders regarding the reconstitution of the Full Bench to ensure that it continued to function effectively in carrying out its award-making and review functions.