Family and domestic violence leave review 2021

[2021] FWCFB 4465

[2021] FWCFB 4465

FAIR WORK COMMISSION

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, 26 JULY 2021

Family and domestic violence leave review–research programs–opportunity to comment.

[1] The Commission’s research program for the Family and Domestic Violence Leave Review (FDV Review) was set out in a statement issued on 15 April 2021 1 (the April Statement). The research program will include:

1. Literature and data review

2. Analysis of the Workplace Agreements Database (WAD)

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

4. Survey analysis

[2] A conference took place on Friday 30 April 2021. The transcript of the conference is available here. The conference provided an opportunity for interested parties to discuss the draft directions set out at [19] of the April Statement, any proposed additions to the research program, and the draft survey.

[3] At the conference, the parties requested the opportunity to provide written comments once the research proposals were developed further. 2 A statement issued on 12 July 2021 (the July Statement)3 set out details of the literature and data review and interested parties were invited to make a submission with any comments on the proposed research questions due by 19 July 2021. Submissions were received from:

•  The Australian Chamber of Commerce and Industry (ACCI)

•  The Australian Council of Trade Unions (ACTU)

[4] ACCI submits that the scope of the proposed research questions for the literature review does not specifically direct itself to relevant questions about the unpaid leave model term which is currently in modern awards. They submit that the proposed questions do not seek any analysis, research or enquiry into:

(a) the take up of leave pursuant to the unpaid leave model term since its introduction following Decision [2018] FWCFB 1691;

(b) the effect of the unpaid leave model term on the experience of family and domestic violence since its introduction following Decision [2018] FWCFB 1691;

(c) the effect of the unpaid leave model term on the take up of other forms of leave since its introduction following Decision [2018] FWCFB 1691;

(d) the effect of the unpaid leave model term on business (if possible by business type) since its introduction following Decision [2018] FWCFB 1691;

(e) any issues experienced in taking leave under the unpaid leave model term since its introduction following Decision [2018] FWCFB 1691;

(f) what (if anything) has relevantly changed since the introduction of the unpaid leave model term following Decision [2018] FWCFB 1691; and

(g) has there been any issues related to the implementation or take up of the unpaid leave model term since its introduction following Decision [2018] FWCFB 1691, which suggests that its introduction has been ineffective or has failed to achieve the objectives which the Full Bench were seeking to pursue?

[5] The Social Work Innovation Research Living Space (SWIRLS) will be conducting a literature and data review which will examine the prevalence and impacts of family and domestic violence in Australia. As it is a survey of the literature, it will rely on research already conducted and published and will therefore be unlikely to directly answer the questions posed by ACCI. The purpose of the research is to provide an update in relation to the issue of family and domestic violence in Australia following the Decision to introduce the unpaid leave entitlement. However, the Commission will provide ACCI’s proposed questions to the researchers to assist with their review of the literature. It should also be noted that the Commission’s draft survey addresses the take up of unpaid leave and parties are invited to provide their comments on the draft survey by 4.00pm on Friday 6 August 2021.

[6] ACCI’s comments in relation to the generality of the research questions are noted. These questions are likely to be refined as the research progresses.

[7] ACTU submit that the research proposal is a little unclear and seek clarification that the intention is for SWIRLS to conduct a literature and data review in two stages informed by the questions at both [8] and [9] of the July Statement. SWIRLS propose a systematic literature review and both lots of questions will direct and provide context for the review. The ACTU proposes an additional research question as follows:

•  What direct economic costs does family and domestic violence impose on individuals?

[8] They also propose the following amendment to one of the research questions.

•  What is the impact of family domestic violence leave on workplaces and the Australian economy, including evidence of utilisation rates?

[9] The ACTU’s suggestions will be passed on to the researchers at SWIRLS.

[10] As noted in the July Statement, further details of the proposed WAD analysis will be provided shortly.

Qualitative assessment

[11] The qualitative assessment research will examine employees experience of family and domestic violence by exploring their interaction with the various support services and systems. The research will be conducted by the Monash Gender and Family Violence Prevention Centre.

[12] The concerns identified by the ACTU and Australian Services Union (ASU) at the conference on 30 April 2021 4 were raised with Monash and they were asked to address this in their research proposal. The Monash Gender and Family Violence Prevention Centre have outlined that the researchers conducting this work have substantive expertise in domestic and family violence, and in conducting ethical research with victim-survivors of domestic and family violence. They note that careful attention will be paid to the wellbeing and safety of the victim/survivors involved. The interviewers have experience in interviewing victim/survivors of intimate partner violence. The victim/survivors interviewed will not be asked to detail overall experiences of violence rather the focus of the interviews will be on the impact their experience had on their engagement with work, and their experiences accessing employee supports and leave provisions. A range of key resources, such as, state based and national Family Violence specific helplines and support services, will be provided on the participant information sheet provided to participants prior to and at the beginning of each interview. Conducting interviews with victim/survivors will require the research team to gain high risk ethics approval from the Monash University Human Research Ethics Committee.

[13] The qualitative research will be conducted in two phases.

•  Phase one will be an online National Survey developed to gain insight into the workplace experiences of individuals with lived experience of domestic and family violence. The survey will include a combination of demographic and open-ended questions to allow for the collection of both qualitative and quantitative data.

•  Phase two will supplement the survey data and involve individuals interviews with victims/survivors to gain more detailed insight into their views and experiences of accessing family violence law and additional workplace supports.

[14] The questions suggested by ACCI and set out at [4] above will also be provided to the Monash Gender and Family Violence Prevention Centre for their consideration in the development of their phase one survey.

Next steps

[15] Any party who wishes to comment on the qualitative research should file a submission by 4PM (AEST) Monday, 2 August 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR732111>

 1   [2021] FWCFB 2047

 2   Transcript at PN19 to PN23

 3   [2021] FWCFB 4030

 4   Transcript PN13 to PN19