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Family & Domestic Violence Leave

The Fair Work Commission has recently updated all industry and occupation awards to include a new provision about family and domestic violence leave. This new provision comes into effect from the first full pay period on or after 1 August 2018.

The new provision applies to all industry and occupation awards.  It does not cover Enterprise awards, State reference public sector awards, enterprise and other registered agreements or those who work award and agreement free.

Under the new provision, all employees, including casual employees, are entitled to 5 days of unpaid family and domestic violence leave. Eligible employees are entitled to take the leave to assist them to deal with the impact of family and domestic violence when it is impracticable for them to do so outside of their ordinary work hours.  An Intervention Order does not have to be in effect prior to victims of family and domestic violence seeking the leave entitlement.

For the purposes of the new provision, family and domestic violence means violent, threatening or other abusive behaviour by an employee’s family member that:

  • Seeks to coerce or control the employee; or
  • Causes them harm or fear.

A family member includes:

  • An employee’s spouse or former spouse;
  • An employee’s de facto partner or former de facto partner;
  • An employee’s child;
  • An employee’s parent
  • An employee’s grandparent;
  • An employee’s grandchild;
  • An employee’s sibling;
  • An employee’s current or former spouse or de facto partner’s child, parent, grandparent, grandchild or sibling; or
  • A person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

More information about the new can be found on the Fair Work Australia website:

https://www.fairwork.gov.au/leave/family-and-domestic-violence-leave

 

Prepared by Harriet Geddes
Solicitor

  

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