On 16 May 2022, the Full Bench of the Fair Work Commission (FWC) released a decision expressing its provisional view that full-time employees and part-time employees who are covered by a modern award should be entitled on a pro-rata basis to 10 days of paid family and domestic violence (FDV leave) per year which would be paid at the employee’s base rate of play.
Currently, all employees (including part-time and casual employees) are entitled to 5 days of unpaid FDV leave per year in accordance with the National Employment Standards (NES).
If implemented, the FWC’s decision would mean that permanent employees who are covered by a modern award would be provided with an additional 10 days of paid FDV leave in addition to the minimum standard of 5 days of unpaid FDV leave under the NES.
Casual employees would not be entitled to access FDV leave under the FWC’s proposal.
The proposed paid FDV leave would accrue from year to year but would not exceed a maximum of 10 days.
As a next step, the FWC has invited interested parties including employers and employer groups to make submissions on its provisional view to introduce paid FDV leave and is particularly interested in how such a move may affect specific industries.
The FWC specifically noted that the decision to expand paid FDV leave to all employees (beyond only award covered employees) was a matter beyond its jurisdiction and was a matter for the Commonwealth Government.
This article provides general commentary only. It does not purport to be and should not be relied upon as legal advice. Before acting on the basis of any material contained in this article, we recommend that you seek professional legal advice in relation to your particular circumstances.
Paul Dugan, Principal in our Disputes team
Phone: +61 8 8210 2266
Lachlan Chuong, Associate in our Disputes team
Phone: +61 8 8210 2281
The authors wish to thank Harry Yous for his assistance in drafting this article.