Family and Domestic Violence Leave Clause

Case

[2017] FWC 5417

19 OCTOBER 2017


[2017] FWC 5417

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.156 - 4 yearly review of modern awards

Family and Domestic Violence Leave Clause

(AM2015/1)

JUSTICE ROSS, PRESIDENT

SYDNEY, 19 OCTOBER 2017

4 yearly review of modern awards – family and domestic violence leave clause.

  1. As set out in the Statement[1] of 6 October 2017 a conference of interested parties was held on Friday 13 October 2017. A further conference was then convened on Wednesday 18 October 2017. The conferences were attended by representatives from the Australian Council of Trade Unions, Ai Group, Australian Chamber of Commerce and Industry, Australian Meat Industry Council, National Road Transport Association, Pharmacy Guild of Australia, Master Electricians Australia and the Community and Public Sector Union.

  1. The conferences discussed the content of a model unpaid family and domestic violence leave term. The discussions occurred in the context of the preliminary view expressed in the majority decision that ‘all employees should have access to unpaid family and domestic violence leave’ ([2017] FWCFB 3494 at [6]). A number of the employer organisations represented at the conference reserved their right to oppose any provision of unpaid leave at the hearing of this matter.

  1. At the conferences there was progress towards a measure of agreement in relation to some aspects of a draft model unpaid family and domestic violence leave term; while other aspects remain contested.

  1. In the event that the Full Bench adhered to the preliminary view expressed in the majority decision and determined that there should be a model unpaid family and domestic violence leave term then the conference parties propose the model term attached. All parties acknowledged that the proposed model term represents a significant compromise from their respective preferred positions.

PRESIDENT


[1] [2017] FWC 5192.

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