FWC Full Bench proposes entitlement to 10 days paid DV leave

In 2018, when provisions were inserted into the Modern Awards (and later, the National Employment Standards) to provide access to five days unpaid leave for employees experiencing family and domestic violence, the Fair Work Commission undertook to review the provision when it had been operative for three years. On 16 May 2022, a Full Bench issued a decision, setting out its provisional view resulting from the Family and Domestic Violence Leave Review 2021.

President Ross, Vice President Hatcher and Commissioner Spencer expressed a provisional view that there should be a Modern Award entitlement providing access to 10 days PAID family and domestic violence leave, acknowledging that “family and domestic violence (FDV) is a ubiquitous and persistent social problem” that “disproportionately affects women”. The Full Bench further observed, “Employment is an important pathway out of violent relationships and paid FDV leave provides significant assistance to employees who experience FDV; it helps individuals to maintain their economic security; to access relevant services, and to safely exit to a life free from FDV”.

Parties are now required to draft a model FDV leave term (for inclusion into Modern Awards) based on the Full Bench’s provisional view by 17 June and to submit draft directions. The Federal Government will then be given the “opportunity to clarify its intentions regarding any amendment to the NES [to provide for paid FDV leave for award-free workers], should it choose to do so”.