AHA | SA MEMBER INFORMATION
Parliament Passes Paid Family & Domestic Violence Leave OWEN WEBB - AHA | SA WORKPLACE RELATIONS MANAGER
On 28 July 2022, the Albanese Government introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (the Bill). The Bill was for an Act to amend the Fair Work Act 2009 (Cth) (Fair Work Act) to provide for 10 days of paid family and domestic violence leave (FDVL) and for related purposes. The Bill passed through Parliament on 27 October 2022, following some amendments from the Senate. The new FDVL changes will amend the current FDVL provisions contained in the National Employment Standards under the Fair Work Act. As the FDVL provisions are a national minimum standard under the Fair Work Act, the minimum standard is applicable to employees covered under Modern Awards, those employees employed pursuant to an enterprise
agreement and Award/Enterprise Agreement free employees. The new FDVL amendments will commence from 1 February 2023 for employees employed other than by a small business, and 1 August 2023 for small business employees. A small business is defined under section 23 of the Fair Work Act and includes a business that employs fewer than 15 employees. The changes include the following1: • The current FDVL provisions provide for access to 5 days of unpaid leave per 12-month period of employment, whereas the new amendments will provide full-time, part-time and casual employees with the ability to access up to 10 days of paid FDVL per 12-month period of employment. The new entitlement of up to 10 days of paid FDVL will be available in full at the start
of each 12 month period of the employee’s employment and will not accumulate from year to year. The paid FDVL will be a separate entitlement to any paid personal/ carer’s leave entitlement. • The new amendments will extend the current definition of family and domestic violence to include conduct of a current or former intimate partner of an employee, or a member of an employee’s household. • Employees who need to access paid FDVL can be requested by the employer to provide the employer with evidence that would satisfy a reasonable person that the FDVL is being taken for the purpose of dealing with the impact of family and domestic violence. Such evidence could include arranging for the safety of the
See Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 – Explanatory Memorandum
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