| [2021] FWCFB 4030 |
| 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 2021
(AM2021/55)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 12 JULY 2021 |
Family and domestic violence leave review–research programs–opportunity to comment–directions varied.
[1] On 15 April 2021, the Full Bench issued a Statement (the April Statement) in relation to the 2021 review of family and domestic violence leave terms in modern awards (FDV Review). 1
[2] The April Statement set out the Commission’s research program for the FDV Review as follows:
A review of literature and data that examines the prevalence and impacts of family and domestic violence. This review may also consider state-based approaches to family and domestic violence leave.
2. Analysis of the Workplace Agreements Database (WAD)
The analysis will update evidence filed by Ai Group in earlier proceedings and will analyse terms in enterprise agreements dealing with family and domestic violence.
3. A qualitative assessment on the experience of family and domestic violence leave
Qualitative research examining employee’s experience of family and domestic violence by exploring their interaction with the various support services and systems.
4. Survey analysis
A survey of employers seeking information on the use and operation of the unpaid family and domestic violence leave entitlement. The survey will be designed by Commission staff and interested parties will have an opportunity to comment on a draft of the survey. A draft survey will also be published prior to the conference.
[3] 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] At the conference, the parties requested the opportunity to provide written comments once the research proposals were developed further. 2 This statement provides further details of the research program.
[5] Staff of the Commission approached a range of institutions and organisations to gauge their interest in conducting the research. The organisations were approached based on their expertise in the field of family and domestic violence research. An expression of interest process was then conducted.
[6] These two components of the research program were procured together. The Social Work Innovation Research Living Space (SWIRLS) at Flinders University has been engaged to undertake this part of the research program.
[7] The literature and data review will focus on material published since the initial Family and domestic violence leave matter in 2018. The literature review will be informed by resources that:
• examine the prevalence and impacts of family and domestic violence in Australia; and
• outline family and domestic violence leave responses.
[8] SWIRLS propose undertaking a systemic literature review. The following research questions will be considered to direct the review:
• What are the dominant models of family and domestic violence leave – nationally and internationally?
• What the family and domestic violence leave approaches implemented by different Australian states?
• What are best practices in the design and implementation of family and domestic violence leave?
• What facilitates and what limits workers’ use of domestic and family violence leave?
• What is the impact of family domestic violence leave on workplaces and the Australian economy?
[9] Following this process, SWIRLS will apply the following research questions to provide context for the family and domestic violence leave focussed literature and data review:
• What is the prevalence and key dimensions of family and domestic violence in Australia?
• How does family and domestic violence impact upon individuals’ engagement with paid work?
• How does family and domestic violence impact on workplaces and the Australian economy?
[10] SWIRLS will also incorporate a term to identify the impact of COVID-19 on family and domestic violence leave in the literature and data review.
[11] A draft of the proposed WAD analysis to be undertaken by SWIRLS will be published for comment in the coming weeks.
[12] Submissions in relation to the research questions should be filed by 4pm on Monday 19 July 2021.
[13] Tenders for the qualitative assessment on the experience of family and domestic violence leave research closed on Friday 9 July 2021. Further details on the outcome of this process will be provided shortly.
[14] On 5 July the Commission received correspondence from the ACTU seeking amendments to the directions 3 due to issues in identifying a new expert witness. Ai Group and ACCI both confirmed that they did not oppose the amendments.4
[15] The ACTU’s request to amend the directions is granted. The amended directions are as follows:
• Any party wishing to comment on the draft survey is to file their comments by 4.00 pm on Friday 6 August 2021.
• 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 30 July 2021.
• Any party opposing proposed variations to modern awards is to file their evidence and written submissions by 4.00 pm on Friday 5 November 2021.
• Submissions and evidence in reply are to be filed by 4.00 pm on Friday 19 November 2021.
• The matter will be listed for Mention at 9.30 am on Wednesday 24 November 2021.
• The matter will be listed for Hearing in the week commencing 29 November 2021.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
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2 Transcript at PN19 to PN23
3 See [2021] FWC 2786.
4 Ai Group correspondence dated 8 July 2021; ACCI correspondence dated 8 July 2021.