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

In this case, the Fair Work Commission was tasked with reviewing the model terms of the Family and Domestic Violence Leave Award. The review was mandated by section 236 of the Fair Work Act 2009, which requires a comprehensive review of modern awards every four years. The dispute centred on the adequacy and fairness of the leave provisions within the award, particularly concerning the leave entitlements for employees who experience family and domestic violence. The Commission was required to consider submissions from various stakeholders, including unions, employer groups, and individuals with lived experience of family and domestic violence.

The primary legal issue before the Commission was whether the existing leave provisions were sufficient to address the unique needs of employees affected by family and domestic violence. This involved examining the current terms of the award, assessing the effectiveness of these provisions in practice, and determining whether any changes were necessary to better support affected employees. The Commission also had to consider the broader context of workplace policies and support systems designed to assist employees in such situations.

The Commission determined that while the existing leave provisions were a positive step, there were areas that could be improved to better support employees experiencing family and domestic violence. The Commission noted that the current provisions were generally well-received but identified several gaps and areas for enhancement. These included clarifying the scope of the leave, improving access to support services, and ensuring that the leave provisions were effectively communicated to employees. Based on these findings, the Commission made several amendments to the award, aiming to strengthen protections and support for affected employees.

As a result of the review, the Commission issued updated model terms for the Family and Domestic Violence Leave Award. These changes included more explicit guidelines on the eligibility and application process for the leave, enhanced provisions for confidentiality and privacy, and clearer directions for employers on how to support employees during their leave. The updated award aims to provide clearer and more comprehensive protections for employees who need to take leave due to family and domestic violence.