Unpaid family and domestic violence leave is provided for in the NES.
NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
Source: BCGOA (Award) Fair Work Ombudsman
Family and domestic violence leave review 2021
Introduction – AM2021/55
During the 4 yearly review of modern awards, the Fair Work Commission varied 123 modern awards to include an entitlement to 5 days’ unpaid leave to deal with family and domestic violence ([2018] FWCFB 1691).
The Commission proposed to conduct a review of the unpaid leave entitlement in June 2021 to consider the following issues:
- whether employees should be able to access paid personal/carer’s leave for the purpose of taking family and domestic violence leave;
- whether any changes are needed to the unpaid leave model term;
- whether provisions should be made for paid family and domestic violence leave.
On 12 April 2021, the ACTU wrote to the Fair Work Commission requesting that we commence the foreshadowed review urgently.
The ACTU noted that ‘the increased incidence of family and domestic violence during COVID-19 has clearly demonstrated that this remains a pressing problem confronting employees and employers and the wider community.’
Read the ACTU’s request to the Fair Work Commission dated 12 April 2021 (PDF).
Family and domestic violence leave review 2021
The 2021 review of family and domestic violence leave terms in modern awards commenced with a conference on Friday, 30 April 2021. Read the Statement issued 15 April 2021 [2021] FWCFB 2047 .
The following issues will be considered during the Family and domestic violence leave review:
- whether employees should be able to access paid personal/carer’s leave for the purpose of taking family and domestic violence leave
- the adequacy of the unpaid family and domestic violence leave entitlement, and
- whether provisions should be made for paid family and domestic violence leave.
Next steps
Note: all times listed below are Australian Eastern Daylight Time
- ACTU and parties supporting the ACTU’s proposed variations are to file revised or further submissions and evidence by 4pm on 22 December 2021.
- Parties opposing any proposed variation are to file submissions and evidence by 4pm on 4 February 2022.
- Submissions and evidence in reply are to be filed by 4pm on 18 February 2022.
- The matter will be listed for Mention at 9.30am on 23 February 2022.
- The matter will be listed for Hearing on 28 February 2022 and 1 to 4 March 2022.
- Parties are to file and exchange final written submissions by 4pm on 11 March 2022.
- The matter will be listed for final oral submissions on 17 March 2022.
Last updated
