In May, we informed members of the Fair Work Commission’s preliminary decision to include 10 days of paid family and domestic violence (FDV) leave in modern awards. We can now provide a further update regarding FDV leave.

Last week, the Federal Government introduced a bill into Parliament to amend the National Employment Standards (NES) contained in the Fair Work Act. The amendment seeks to include 10 days of paid FDV leave in the NES for all employees, including casuals.

The proposed operative date for commencement is 1 February 2023. Small businesses will have an extended implementation date commencing 1 August 2023.
The proposed changes are:

• 10 days of paid FDV leave in a 12-month period for all employees;
• FDV leave will be paid at the employee’s full rate of pay for the hours they would have worked; and
• There is an expanded definition of FDV leave to include the conduct of a current or former intimate partner of an employee or a member of an employee’s household.

For more information on this Bill, please see here.

As the Federal Government has introduced a bill to cover all employees, it may mean the Fair Work Commission is not required to provide a final decision on the matter. We will keep you informed of any further developments.

If you would like further information, please contact the MBV Employment and Industrial Relations team on (03) 9411 4555.