AHA | SA MEMBER INFORMATION
Changes to Family & Domestic Violence Leave OWEN WEBB - AHA | SA WORKPLACE RELATIONS MANAGER
On 16 May 2022, a Full Bench of the Fair Work Commission (FWC) handed down a decision ([2022] FWCFB 2001) in the Family and Domestic Violence Leave Review 2021 (AM2021/55) in the 4 yearly review of modern awards (4 Year Review). In their decision the Full Bench 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). In this article we look at what changes are going to occur to FDVL and what the impacts are for employers. MODERN AWARD REVIEW Since 1 January 2014, the FWC has been conducting a 4 Year Review
in accordance with Section 156 of the Fair Work Act 2009 (Cth) (Fair Work Act). The review process requires the FWC to review all modern awards to ensure that they are achieving the modern awards objective. In March 2018, a Full Bench of the FWC handed down a decision ([2018] FWCFB 1691) in the 4 Year Review introducing the requirement for a model FDVL term to be inserted into all modern awards. In a subsequent decision in July 2018 a model FDVL term was finalised which provided for 5 days unpaid leave to all employees experiencing family and domestic violence. Such leave was for instances where an employee needs to do something to deal with the impact of that violence and it is impractical for them to do it outside
20 | Hotel SA | W W W . A H A S A . A S N . A U
their ordinary hours of work. At the time of FDVL being introduced, the Australian Council of Trade Unions (ACTU) had been seeking an entitlement of 10 days per year of paid leave and if that leave was exhausted an additional period of up to 2 days unpaid leave per occasion. The Bench rejected the ACTU’s proposal at the time as the extent of the utilisation of the new provisions was unknown. In their March 2018 decision however, the Bench proposed to revisit the issue of FDVL in June 2021, after the model term had been in operation for three years. The Bench foreshadowed that they would consider whether there was the need for any changes to the unpaid leave model term and whether to allow access to personal/carer’s leave for the Back to Contents
