Domestic Violence Leave In Modern Awards: The FWC Modern Awards Review

The ACTU is seeking 10 days paid domestic violence leave for permanent staff and 10 days unpaid leave for casuals to be included in all awards, as part of its submission to the Fair Work Commission’s review of modern awards, which were lodged on 28 October 2014.

Background to the Modern Awards Review

In accordance with s 156 of the Fair Work Act 2009 (Cth) (the Act) the Fair Work Commission must review all modern awards every 4 years. As soon as practicable after 1 January 2014 the Commission will commence the first 4 yearly review of modern awards (the Review), and this has already started with the first submissions, including those from the ACTU, already being received.

The reviews may result in the Commission making new modern awards, or varying or revoking current modern awards. The President of the Commission starts each review process by issuing a statement outlining the process of the review.

Overview of the Award Stage

The Award stage of the 4 yearly review will deal with award specific issues in each of the 122 modern awards. In the Full Bench Decision issued on 17 March 2014 ([2014] FWCFB 1788), the Commission divided the awards into four groups—for list of awards by grouping, click here.

A conference to determine the scope of changes proposed to the Group 1 awards (including any coverage issues) was held on 13 May 2014.

Highlight of some Common Issues

The following matters were identified as common issues at this stage of the Review at a conference held on 26 February 2014:

• annual leave;
• award flexibility/facilitative provisions;
• casual employment;
• part-time employment;
• public holidays; and
• transitional/sunsetting provisions relating to accident pay, redundancy and district allowances - other transitional or sunset provisions in modern awards will be dealt with during the award phase of the Review.

There may be additional common issues added to above list and the scope of these common issues may change over the course of the Review.

ACTU Submissions on Domestic Violence Leave

According to ACTU president Ged Kearney, paid domestic violence leave is designed to support victims of domestic violence and help them to keep their job. Domestic violence leave is a relatively recent occurrence in Australian employment provisions, appearing so far only in enterprise agreements.

In July 2013, Swinburne University of Technology lodged a landmark agreement allowing employees experiencing domestic violence up to five days of paid leave a year. McDonald’s and Westpac also included domestic violence leave in their enterprise agreements last year.

Kearney said one in three Australian women experience physical or sexual violence by an intimate partner:

The ACTU claim also includes the right to request a change in working arrangements, such as start and finish times. In early October 2014, the ACTU announced its submission to the modern award review will include a claim for casual workers to have the right to become permanent and access benefits such as annual leave and sick leave. It will also be opposing employer submissions for modern awards to allow employees to cash out annual leave.

Additional Potential Common Issues

In a statement issued on 17 March 2014, the Commission stated that the list of common issues is not closed and that further common issues may be identified as part of the continuing Review.

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ACTU wants domestic violence leave in modern awards - Article from workplaceinfo.com.au

Supporting information from Fair Work Commission