On 10 March 2023, the Fair Work Commission issued a decision to vary all 122 modern awards that apply nationally by inserting a new model clause on paid Family and Domestic Violence Leave (FDVL). This follows the passage of the Fair Work Amendment (Paid Family and Domestic Violence) Act 2022.
What are the changes to the awards?
For the awards listed, the model clause below will replace the previous unpaid FDVL clause. Additionally, any reference to the purpose of casual loading will be amended to clarify that casual loadings are not in compensation for a lack of paid FDVL. That is because casuals are entitled to paid FDVL.
Below is the model clause:
XX. Family and domestic violence leave
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
When will the changes come into effect?
The changes came into operation on 15 March 2023.
To view the full decision click here.
For a full list of the affected awards read the circular.
