On 16 May 2022, a Full Bench of the Fair Work Commission (FWC) handed down a decision in the Family and Domestic Violence Leave Review 2021.
The Full Bench have expressed a provisional view that a new Family and Domestic Violence Leave model term should be introduced into the Modern Awards containing an entitlement to 10 days of paid Family and Domestic Violence Leave (FDVL). The Bench provided a provisional view that such a new model FDVL term should contain the following characteristics:
What are the next steps?
The Full Bench has directed the parties to formulate a draft model FDVL term based on their provisional views and file the draft term by 17 June 2022. Parties will have the ability to challenge the Bench’s provisional views.
The parties will also have the ability to provide the Commonwealth Government an opportunity to clarify its intentions regarding any amendments to the National Employment Standards (NES). For any amendments to be made to FDVL under the NES it will require legislation to be passed through parliament.
Whilst the FWC Full Bench decision provides a provisional view, a model term reflecting a new paid leave entitlement will no doubt be introduced into modern awards. This decision will only impact modern awards at this stage, however employers can also anticipate that 10 days of paid FDVL will be introduced into the NES in the Fair Work Act 2009 (Cth) in due course.
The AHA|SA will be providing further information to Members in relation to this new leave entitlement once it has been finalised. If any members have any questions, they can contact the Workplace Relations team at the AHA|SA office.