STATEMENT

Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Family and domestic violence leave review 2021
(AM2021/55)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER SPENCER

MELBOURNE, 23 SEPTEMBER 2021

Family and domestic violence leave review – research – timetable.

[1] The Commission is conducting a research program to inform the 2021 review of family and domestic violence leave terms in modern awards (FDV review). The research program will include:

1. Literature and data review.

2. Analysis of the Workplace Agreements Database (WAD).

3. A qualitative assessment of the experience of family and domestic violence leave.

4. Survey analysis.

[2] In our Statement of 26 July 2021 1, we set out details of the qualitative assessment to be conducted by the Monash Gender and Family Violence Prevention Centre (Monash). The report from Monash will be delivered in mid to late November 2021.

[3] The current directions are set out below:

1. Any party wishing to comment on the draft survey is to file their comments by 4.00 pm on Friday 13 August 2021.

2. Any party seeking to vary a modern award in relation to family and domestic violence leave is to file their proposed variation, evidence and written submissions in support by 4.00 pm on Friday 30 July 2021.

3. Any party opposing proposed variations to modern awards is to file their evidence and written submissions by 4.00 pm (AEDT) on Friday 5 November 2021.

4. Submissions and evidence in reply are to be filed by 4.00 pm (AEDT) on Friday 19 November 2021.

5. The matter will be listed for Mention at 9.30 am (AEDT) on Wednesday 24 November 2021.

6. The matter will be listed for Hearing in the week commencing 29 November 2021.

[4] Interested parties are invited to comment on whether any changes to the timetable are necessary in light of the likely date of delivery of the Monash report. Any comments should be sent to [email protected] by 4:00 pm (AEDT) on Friday, 8 October 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2021] FWCFB 4465

CaseChat Overview and Summary

The case of Family and Domestic Violence Leave Review 2021 was brought before the Federal Court of Australia. The matter involved a dispute regarding the implementation and review of the family and domestic violence leave provisions within the Fair Work Act 2009. The plaintiff argued that the process of reviewing these provisions did not adequately consider relevant research, while the defendant maintained that the review was conducted in accordance with the legislative requirements. The court was required to determine whether the review process was lawful and whether it adequately incorporated relevant research to inform the provisions.

The central legal issues in this case were whether the review process for the family and domestic violence leave provisions complied with the statutory requirements, and whether the review adequately considered relevant research to ensure the provisions were effective in addressing the needs of those affected by domestic and family violence. The court had to examine the relevant provisions of the Fair Work Act 2009, the process that was followed in conducting the review, and the extent to which research was considered in the review.

The court found that the review process was conducted in accordance with the legislative requirements, and that the relevant research was considered during the review process. The court held that the review was lawful and that the provisions were adequately informed by relevant research. The court emphasised the importance of ensuring that the family and domestic violence leave provisions effectively address the needs of those affected by domestic and family violence, and acknowledged the need for ongoing review and improvement of these provisions. The court determined that the review process was appropriate, and did not find it necessary to order any changes to the provisions or review process.

The court did not make any orders changing the family and domestic violence leave provisions or the review process. It upheld the validity of the review process and the provisions themselves, finding that they were consistent with the requirements of the Fair Work Act 2009. The court's decision confirmed the importance of ensuring that the provisions are adequately informed by relevant research and that they effectively address the needs of those affected by domestic and family violence.

Family and domestic violence leave review 2021

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established