4 yearly review of modern awards—Family & Domestic Violence Leave Clause

The dispute arose in the Fair Work Commission, where the employer contested the validity of a Family and Domestic Violence Leave Clause in a modern award. The employer argued that the clause was inconsistent with the Fair Work Act 2009 and beyond the scope of the award's intended purpose. The Full Bench of the Commission was reconstituted to review the clause, and the employer sought to have it declared invalid.

The primary legal issue was whether the Family and Domestic Violence Leave Clause in the award was consistent with the Fair Work Act and within the scope of the award's purpose. The employer contended that the clause was not directly related to the terms and conditions of employment and therefore outside the scope of the award. The employer also argued that the clause imposed an undue burden on businesses and was not a standard term of employment.

The Commission found that the Family and Domestic Violence Leave Clause was consistent with the Fair Work Act and within the scope of the award's purpose. The Commission noted that the clause was designed to address a significant social issue and provide support to employees affected by family and domestic violence. The Commission held that the clause was a legitimate term and condition of employment and did not impose an undue burden on businesses. The Full Bench of the Commission upheld the validity of the clause.