COVID-19 Updates

Family and Domestic Violence leave case upheld

As you will probably be aware, a full bench of the Fair Work Commission has found in favour of the ACTU’s application for an award entitlement to 10 days paid family and domestic violence leave.

The Commission came to a provisional view that there should be an award entitlement to 10 days paid family and domestic violence leave. It is now seeking the incoming Federal Government’s view on whether it would incorporate such a provision in the National Employment Standards (NES).

The Commission is clearly giving Government the opportunity to change the workplace relations statute to reflect the findings in the provisional view.  The Commission has directed the parties to draft a model FDV leave term by June 17 and to submit draft directions.

The bench will then give the Federal Government the opportunity to clarify its intentions regarding any amendment to the NES, should it choose to amend the law.

NatRoad members should expect the new entitlement to come into effect either by amendment to the Transport Awards or by way of statutory amendment. We will let you know which path is taken. The draft model term will cover employee evidence requirements and other problematic issues that arise in this sensitive context.

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