Family and Domestic Violence Leave

The newly elected Commonwealth Government has written to the Fair Work Commission (FWC), informing them that it intends to legislate in the next sitting of Parliament, which commences 26 July 2022, to include 10 days paid Family and Domestic Violence (FDV) leave in the National Employment Standards. 

As reported in CCSA’s eConnect of 18 May 2022, the FWC had previously handed down a Decision describing its provisional view that a model Family and Domestic Violence (FDV) leave term should be inserted into all modern awards.  In its provisional view, full time employees covered by modern awards should be entitled to 10 days paid FDV leave per year, rather than the current entitlement of five days unpaid FDV leave per year.  Part-time employees would receive paid FDV leave on a pro-rata basis.  Paid FDV leave would not apply to casuals.

Due to the new government’s decision, which would cover all national system employees, not just those covered by awards, the FWC has vacated the current hearing dates for the FDV leave review, pending introduction of legislation into the Parliament.  The matter will be re-listed for mention in the FWC 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 the review proceedings.

In the meantime, the current entitlement in the NES of five days’ unpaid FDV continues.  CCSA will continue to monitor the progress of this case and will provide further information to our members as it becomes available.