Family and Domestic Violence Leave – Proposed deletion of modern award clause

Introduction

1. On 26 March 2018, a Full Bench of the Fair Work Commission (the Commission) decided that it was ‘necessary’, within the meaning of s.138 of the Fair Work Act 2009 (FW Act), to include five days unpaid family and domestic violence (FDV) leave in modern awards.[1] On 6 July 2018, the Full Bench issued a decision finalising the content of the FDV leave term (the Model Term).[2] On 30 July 2018, determinations varying 123 modern awards to include the Model Term were issued, with effect from the first pay period after 1 August 2018.[3]
2. Subsequently, the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (the Amending Act) amended the FW Act to include an entitlement to five days unpaid FDV leave in the National Employment Standards (NES), effective from 13 December 2018 (the NES entitlement). The Explanatory Memorandum to the Amending Act states that the NES entitlement is ‘consistent’ with the Model Term.[1]

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[1] Explanatory Memorandum, Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018, iii

[1] [2018] FWCFB 1691

[2] [2018] FWCFB 3936

[3] https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-schedule-final-dets.pdf