| [2023] FWC 118 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective
Unknown
(AM2021/55)
| Coal industry | |
| VICE PRESIDENT HATCHER | SYDNEY, 17 JANUARY 2023 |
Family and Domestic Violence Leave Review
TEST DOCUMENT ONLY
PRESIDENT
Appearances:
Hearing details:
Final written submissions:
Printed by authority of the Commonwealth Government Printer
<MA000034 PR749701>
Details
- AGLC
- Unknown [2023] FWC 118
- Case
- [2023] FWC 118
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission, presided over by Vice President Hatcher, dealt with a review concerning family and domestic violence leave within the coal industry. The applicant sought to amend modern awards to provide for leave related to family and domestic violence. This application was lodged under section 157 of the Fair Work Act 2009, allowing the Commission to vary modern awards to achieve the objective of providing for fair wages and conditions.
The central legal issues the Commission had to resolve involved the interpretation and application of the Fair Work Act provisions concerning modern awards, particularly in the context of incorporating family and domestic violence leave. The applicant argued that existing awards did not adequately cover the need for such leave, which is crucial for employees experiencing family and domestic violence. The Commission was required to determine whether the proposed amendments aligned with the objectives of the Fair Work Act and whether they were necessary to ensure fair wages and conditions in the coal industry.
In reaching its decision, the Commission considered the broader context of family and domestic violence in the workplace, highlighting the importance of providing adequate support to affected employees. The Commission noted the significant impact of family and domestic violence on employees' ability to work and their overall well-being. It concluded that the proposed amendments would better achieve the objectives of the Fair Work Act by providing necessary protections and support for employees dealing with family and domestic violence. The Commission found the amendments to be appropriate and necessary, thus approving the application to modify the modern awards to include provisions for family and domestic violence leave.
The final orders of the Commission included the incorporation of specific provisions for family and domestic violence leave in the relevant modern awards, reflecting the need to support employees affected by such circumstances. These provisions were intended to ensure that employees in the coal industry have the necessary leave entitlements to address and manage situations involving family and domestic violence, thereby aligning with the objectives of the Fair Work Act.
The central legal issues the Commission had to resolve involved the interpretation and application of the Fair Work Act provisions concerning modern awards, particularly in the context of incorporating family and domestic violence leave. The applicant argued that existing awards did not adequately cover the need for such leave, which is crucial for employees experiencing family and domestic violence. The Commission was required to determine whether the proposed amendments aligned with the objectives of the Fair Work Act and whether they were necessary to ensure fair wages and conditions in the coal industry.
In reaching its decision, the Commission considered the broader context of family and domestic violence in the workplace, highlighting the importance of providing adequate support to affected employees. The Commission noted the significant impact of family and domestic violence on employees' ability to work and their overall well-being. It concluded that the proposed amendments would better achieve the objectives of the Fair Work Act by providing necessary protections and support for employees dealing with family and domestic violence. The Commission found the amendments to be appropriate and necessary, thus approving the application to modify the modern awards to include provisions for family and domestic violence leave.
The final orders of the Commission included the incorporation of specific provisions for family and domestic violence leave in the relevant modern awards, reflecting the need to support employees affected by such circumstances. These provisions were intended to ensure that employees in the coal industry have the necessary leave entitlements to address and manage situations involving family and domestic violence, thereby aligning with the objectives of the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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