Conclusion

13. During the hearing of this matter, the ACTU argued that there was sufficient evidence to demonstrate the necessity for paid family and domestic violence leave at this point in time. Although the Full Bench accepted much of this evidence, the majority ultimately declined the ACTU’s proposal, instead taking a ‘cautious approach’ which provided for a lesser quantum of unpaid leave. The ACTU remains committed to the provision of a minimum of 10 days paid family and domestic violence leave for all Australian workers.

14. The Full-Bench has indicated that it will review the operation of the new entitlement to unpaid family and domestic violence leave in June 2021, considering both the utilisation of the entitlement and its impact on business. The Full Bench will at that time also revisit the question of whether provision should be made for paid family and domestic violence leave.

15. The ACTU requests that the Commission consider allocating appropriate resources at an early stage to ensure that independent, thorough and credible data and research is available to underpin any review of the operation of the new entitlement in June 2021.