4 yearly review of modern awards–Family and Domestic Violence Leave

The Fair Work Commission, in this matter, was asked to review the Family and Domestic Violence Leave model term in the modern awards. The review was mandated by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018. The parties involved in this dispute were the applicant, the Australian Council of Trade Unions (ACTU), and the respondent, the Australian Chamber of Commerce and Industry (ACCI). The main issue before the Commission was whether the model term for family and domestic violence leave should be amended to provide for 10 days of unpaid leave, as requested by the ACTU, or whether the current model term of five days of unpaid leave should be retained, as advocated by the ACCI.

In its reasoning, the Commission considered the purpose of the model term, which is to provide employees who are victims of family and domestic violence with the opportunity to take leave to deal with the consequences of such violence. The Commission acknowledged that the number of days of leave provided under the model term is a matter of balance between the needs of victims of family and domestic violence and the potential impact on employers. The Commission also noted that the current model term had been in place since 2011 and that there had been no significant evidence to suggest that it was not meeting its intended purpose. After considering the submissions of both parties, the Commission decided that the current model term of five days of unpaid leave was appropriate and should be retained. The Commission found that there was insufficient evidence to support an increase in the number of days of leave provided under the model term.

The Fair Work Commission therefore upheld the current model term for family and domestic violence leave in the modern awards. The Commission rejected the submission by the ACTU that the model term should be amended to provide for 10 days of unpaid leave. The Commission found that there was no compelling evidence to suggest that the current model term was not meeting its intended purpose and that an increase in the number of days of leave provided under the model term would have a significant impact on employers. The Commission considered that the current model term strikes an appropriate balance between the needs of victims of family and domestic violence and the potential impact on employers.