The Fair Work Commission (FWC) is conducting a Family and Domestic Violence Leave Review 2021 to consider whether award-covered employees should have paid domestic violence leave entitlements.

A few years ago when an entitlement to up to five days of unpaid family and domestic violence leave was introduced into awards (and later in the National Employment Standards in the Fair Work Act 2009 (Cth)), the Commission decided that the issue of whether a paid leave entitlement was appropriate would be considered again in mid-2020. COVID-19 delayed the start of the current proceedings.

In addition to considering whether paid family and domestic violence leave entitlements should be implemented, the FWC is considering whether employees should be able to access their personal/carer’s leave for family and domestic violence purposes.

A program has been set by the FWC for the filing of submissions and evidence, leading up to a hearing in November 2021. However, the FWC recently called for submissions on whether the hearing date should be delayed given that some of the research that the FWC has commissioned for the case will not be available until November.

Ai Group is playing a leading role in representing employers in the case.

If you would like more information about entitlements to Family and Domestic Violence Leave, please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

Alternatively, if you would like advice negotiating Family and Domestic Violence Leave with unions or preparing a policy, please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Adelaide, Melbourne, Perth or Brisbane or contact Ai Group Workplace Lawyers here.