Family and domestic violence leave review 2021
[2022] FWCFB 152
•11 AUGUST 2022
| [2022] FWCFB 152 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.156—4 yearly review of modern awards
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 | MELBOURNE, 11 AUGUST 2022 |
Family and domestic violence leave review 2021 – 4 yearly review of modern awards – application to vary modern awards – paid family and domestic violence leave.
In response to our decision of 16 May 2022, the Hon Tony Burke MP, Minister for Employment and Workplace Relations wrote to the Commission stating that:
‘Consistent with the commitments made in the Government's Secure Australian Jobs Plan, the Government intends to introduce 10 days paid family and domestic violence leave into the National Employment Standards as soon as possible.’
A further statement was issued on 16 June 2022 indicating that we received further correspondence from the Minister which advised that the Commonwealth Government was scheduling its legislative program for the upcoming sitting period and was expecting introduce legislation to implement its family and domestic violence leave commitment early in the sitting period beginning on 26 July 2022.
On 30 June 2022 we issued a Statement (30 June Statement) which vacated the directions in the Commission’s FDV leave review in light of the Minister’s correspondence. The 30 June Statement also provided that the matter would be listed for mention in early August 2022 to provide parties with an opportunity to express a view as to whether any further steps are needed to be taken in these proceedings.
Since we issued the 30 June Statement the Commonwealth Government has introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Paid FDV Leave Bill) into Parliament.
Notably, the Paid FDV Leave Bill would amend the unpaid FDV leave entitlement currently in the Fair Work Act 2009 so that employees, including casual employees, would be entitled to 10 days paid FDV leave at their full rate of pay.
The Paid FDV Leave Bill was introduced to the House of Representatives on 28 July 2022. On 4 August 2022, the Senate referred the Paid FDV Leave Bill to the Education and Employment Legislation Committee for inquiry and report by 1 September 2022.[1] The Committee has requested submissions by 19 August 2022.
In light of the introduction of the Paid FDV Leave Bill, we do not propose to take any further steps in relation to the FDV leave review at this time. However, it remains open to parties to request, at any time, that the Commission list the matter for conference.
PRESIDENT
[1] See Notes on Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 at
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