[2021] FWCFB 2477
FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Family and Domestic Violence Leave Review
(AM2021/55)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER SPENCER

MELBOURNE, 5 MAY 2021

Family and domestic violence leave term – review of unpaid leave term – paid family and domestic violence leave – draft survey

[1] On 15 April 2021, we issued a Statement (the April Statement) 1 in relation to the 2021 review of family and domestic violence leave terms in modern awards (FDV Review). As noted in the April Statement, the following issues will be considered in the FDV Review:

1. Whether employees should be able to access paid personal/carer’s leave for the purpose of taking family and domestic violence leave.

2. The adequacy of the unpaid paid family and domestic violence leave entitlement.

3. Whether provisions should be made for paid family and domestic violence leave.

[2] The April Statement set out a research program to assist in the FDV Review. The research program includes a survey of employers seeking information about family and domestic violence leave provided to employees. A draft survey was published with a separate Statement issued on 23 April 2021. 2

[3] As foreshadowed in the April Statement, a conference took place on Friday 30 April 2021. The transcript of the conference is available here. The conference provided an opportunity for interested parties to discuss the draft directions set out at [19] of the April Statement; any proposed additions to the research program, and the draft survey.

[4] Further to the discussions at the conference we issue the following directions:

1. Any party wishing to comment on the draft survey is to file their comments by 4.00 pm on Friday 14 May 2021.

2. Any party seeking to vary a modern award in relation to family and domestic violence leave is to file their proposed variation, evidence and written submissions in support by 4.00pm on Friday 23 July 2021.

3. Any party opposing proposed variations to modern awards is to file their evidence and written submissions by 4.00 pm on Friday 8 October 2021.

4. Submissions and evidence in reply are to be filed by 4.00 pm on Friday 5 November 2021.

5. The matter will be listed for Mention at 9.30 am on Monday 15 November 2021.

6. The matter will be listed for Hearing in the week commencing 29 November 2021.

7. All submissions are to be sent in word format only to amod@fwc.gov.au.

8. Liberty to apply.

[5] We note that no party has proposed any additions to the research program set out in the April Statement.

[6] Interested parties will be given an opportunity to comment on the proposed analysis of the Workplace Agreements Database and the qualitative research we propose to commission. Further details will be provided in due course.

[7] Finally, we note that it is the Commission’s practice to publish all material relating to applications to vary modern awards on the Commission’s website. Due to the nature of the FDV Review, submissions and evidence to be filed in this matter may include sensitive information. Parties filing submissions in this matter should take this into account when filing and apply for confidentiality orders if they are required. Any such applications received will be dealt with by way of an interlocutory hearing.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2021] FWCFB 2047

 2   [2021] FWC 2276