Family and domestic violence leave review 2021

[2022] FWCFB 104

[2022] FWCFB 104

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, 16 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 – amended directions.

1. In our decision 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 (see Chapter 8.4). Further, at a ‘global’ level of assessment, we expressed our provisional view that the insertion of the provisional model FDV leave term into modern awards is necessary to achieve the modern awards objective.[1]

1. In the ‘next steps’ section of our decision, we sought clarification from the Commonwealth Government about whether it intends to vary the National Employment Standards (NES) to provide for paid FDV leave. The Hon Tony Burke MP, Minister for Employment and Workplace Relations has written to the Commission today in response to our decision. The Minister’s correspondence states 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.’

1. In view of this correspondence, we propose to amend the directions in the Commission’s FDV leave review 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 17 June 2022 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. We intend to seek further clarification from the Commonwealth Government about its proposed timeframe for introducing legislation to include paid FDV leave in the NES.

PRESIDENT

[1] [2022] FWCFB 2001 [997].

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