[2017] FWC 5445
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

Family and Domestic Violence Leave Clause
(AM2015/1)

JUSTICE ROSS, PRESIDENT

SYDNEY, 20 OCTOBER 2017

4 yearly review of modern awards – family and domestic violence leave clause.

[1] This Statement should be read in conjunction with the Statements of 6 October 2017 and 19 October 20171

[2] Further conferences of interested parties 2 were held on 19 and 20 October 2017.

[3] At the conferences there was progress towards a measure of agreement in relation to some aspects of a draft model unpaid family and domestic violence leave term; while other aspects remain contested.

[4] In the event that the Full Bench adhered to the preliminary view expressed in the majority decision and determined that there should be a model unpaid family and domestic violence leave term then the conference parties propose the model term attached. All parties acknowledged that the proposed model term represents a significant compromise from their respective preferred positions.

PRESIDENT

<Price code A, PR596982>

20 October 2017

Family and Domestic Violence Leave Model Term

1. Definitions (Agreed)

2. Entitlement to unpaid family and domestic violence leave (Not Agreed)

A number of matters concerning the extent of the entitlement remain in dispute:

3. Taking Unpaid Leave (Agreed)

4. Notice and evidence requirements (Agreed)

5 Confidentiality (Agreed)

6 Compliance (Agreed)

 1   [2017] FWC 5192 and [2017] FWC 5417

 2   The conferences were attended by representatives from the Australian Council of Trade Unions, Ai Group, Australian Chamber of Commerce and Industry, Australian Meat Industry Council, National Road Transport Association, Pharmacy Guild of Australia, Master Electricians Australia and the Community and Public Sector Union

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