On 20 October 2017, hearings concluded in the Fair Work Commission’s Family and Domestic Violence Leave Case. After the rejection of the ACTU’s claim for 10 days of paid domestic violence leave per employee per year earlier this year, the Fair Work Commission called for submissions and scheduled further hearings to consider arguments about unpaid family and domestic violence leave entitlements.

Issues considered at the latest round of hearings included:

• the quantum of unpaid leave;
• whether unpaid leave entitlements should accrue from year to year;
• notice and evidence requirements;
• how “family and domestic violence” should be defined;
• the circumstances in which unpaid leave should be able to be taken; and
• whether casuals should be entitled to unpaid leave, and confidentiality requirements.

Following the hearings in October 2017, the Full Bench has reserved its decision on what form unpaid family and domestic leave entitlements should take in awards.

If you would like more information about the proposed award claims, please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

If you would like assistance in dealing with union claims for family and domestic violence leave or implementing such policies, please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au.