QHA_May_sm_for web

Lyndsay Balch
EMPLOYMENT RELATIONS
ACTION ON FAMILY AND DOMESTIC VIOLENCE LEAVE
ON 26TH MARCH, THE FAIR WORK COMMISSION
(FWC), AS PART OF ITS 4 YEARLY REVIEW OF
MODERN AWARDS, RELEASED A DECISION THAT WILL
PROVIDE ALL EMPLOYEES COVERED BY A MODERN
AWARD, SUCH AS THE HOSPITALITY INDUSTRY
(GENERAL) AWARD 2010 (‘THE HIGA’), ACCESS
TO FAMILY AND DOMESTIC VIOLENCE LEAVE (‘FDV
LEAVE’).
The decision reflects a recognition of the serious
impact that abusive relationships have on individuals
and the wider community, and the importance of
retaining employment in successfully navigating out of
dangerous situations. The leave will offer all employees
an opportunity to deal with the impact of domestic
violence where it is impractical to do so outside of
working hours.
Having rejected the Australian Council of Trade Union’s
(ACTU) preliminary bid for 10 days of paid FDV leave,
the FWC consulted with interested parties regarding
the content of a model term for unpaid FDV leave to
be inserted in to modern awards in late 2017, and
concluded that an entitlement of five days unpaid leave
per annum was appropriate. Arguments by employer
groups to mandate an obligation for employees to
exhaust paid leave entitlements before accessing FDV
leave were rejected.
The decision states that family and domestic violence
leave will:
• Apply to all employees, including casuals.
• Be available in full at the commencement of each
12 month period of service, rather than accruing
progressively
• Not accumulate from year-to-year
• Be available in full (i.e. not pro rata) for casual and
part-time employees
It is expected that drafting of the model FDV leave
clause will be completed in the coming weeks, at such
time interested parties will be invited to comment only
on whether they feel the wording accurately reflects
the March decision.
While the FWC also expressed a preliminary view that
employees should be able to access personal and
carers’ leave for the purpose of taking FDV leave,
following a jurisdictional challenge, it was concluded
this matter would be addressed as part of a review to
occur once the model term has been in operation for
three years. A review of FDV leave provisions in mid-
2021 will also assess whether the entitlement should
remain unpaid.
The QHA will provide members with any updates on
this matter as the FWC releases more information.
QHA REVIEW | 51