Family and domestic violence leave review 2021

[2022] FWCFB 114

[2022] FWCFB 114

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
VICE PRESIDENT HATCHER
COMMISSIONER SPENCER MELBOURNE, 30 JUNE 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 – directions vacated.

1. In our decision[1] of 16 May 2022, we concluded that the merits strongly favour a paid family and domestic violence (FDV) leave entitlement and reached a provisional view as to the characteristics of a model FDV leave term. In the ‘next steps’ section of our decision, we sought clarification from the Commonwealth Government about whether it intended to vary the National Employment Standards (NES) to provide for paid FDV leave. In response to our decision, the Hon Tony Burke MP, Minister for Employment and Workplace Relations wrote to the Commission stating:

‘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.’

1. In view of the Minister’s correspondence, we amended the directions in the FDV leave review proceedings, in a statement published on 16 June 2022.[2] The current directions are as follows:

1. The parties are to formulate a draft model FDV leave term based on our provisional views in Chapter 8.4. The formulation of such a draft term will be without prejudice to a parties’ ability to challenge any of our provisional views. The proposed draft model terms are to be filed by 4:00pm Friday 1 July 2022

2. The parties are to confer and submit draft directions in respect of the finalisation of these proceedings. Such directions are to:

(i) provide an opportunity for the parties to express a view on the draft model FDV leave terms proposed by other parties and the provisional views we express about the content of that term; and

(ii) provide the Commonwealth Government an opportunity to clarify its intentions regarding any amendment to the NES, should it choose to do so.

The draft directions are to be filed by no later than 4:00pm Friday 1 July 2022.

1. The 16 June 2022 statement sought clarification from the Commonwealth Government about its proposed timeframe for introducing the FDVL legislation. On 28 June 2022, in response to that request, we received correspondence from the Minister which advised:

‘The Government is currently scheduling its legislative program for the upcoming sitting period and it is expected that legislation to implement this commitment would be introduced early in the sitting period beginning on 26 July 2022.’

1. In light of the Minister’s correspondence, we have decided to vacate the current directions in the Commission’s FDV leave review matter. The matter will be listed for mention in early August 2022 to provide parties with an opportunity to express a view as to whether any further steps need to be taken in these proceedings.

PRESIDENT

[1] [2022] FWCFB 1001.

[2] [2022] FWCFB 104.

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