Cth Introduces Family and Domestic Violence Leave Bill

Monday 8 August 2022 @ 12.22 p.m. | Judiciary, Legal Profession & Procedure | Legal Research

On 28 July 2022, the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (“the Bill”) was introduced to the House of Representatives by the Hon Tony Burke (Minister for Employment and Workplace Relations) ("the Minister").

The Bill has yet to pass the lower house, but was referred to the Senate Education and Employment Legislation Committee on 4 August 2022.

The Proposed Amendments

The Bill's Explanatory Memorandum summarises that the Bill:

"would amend the Fair Work Act 2009 (the Act) to provide for ten days of paid family and domestic violence leave in the National Employment Standards (NES). This would replace the existing entitlement in the NES to five days of unpaid family and domestic violence leave."

The amendments, if passed, would double the current entitlement, which provides for only five days of unpaid family and domestic violence leave. The Bill’s Explanatory Memorandum stated that the proposed amendments seek to:

  • “provide 10 days of paid family and domestic violence leave in a 12 month period for full-time, part-time and casual employees;
  • provide for employees to access paid family and domestic violence leave at their full rate of pay for the hours they would have worked had they not taken the leave, to minimise the financial impact of family and domestic violence;
  • extend the definition of family and domestic violence to include conduct of a current or former intimate partner of an employee, or a member of an employee’s household; and
  • extend the full paid entitlement to all employees when the International Labour Organisation Convention (No. 190) concerning Violence and Harassment comes into force for Australia.”

The proposed amendments would also align the NES with the practices of enterprise agreements or workplace policies of many Australian employers who provide paid family and domestic violence leave.

Reaction to the Bill

In his second reading speech, the Minister commented that:

“The principle behind this paid leave entitlement is simple—getting out shouldn't mean losing pay. Normally, leave entitlements are calculated at the base rate of pay. But applying the principle that getting out shouldn't mean losing pay requires a different approach.”

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Sources:

Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Cth) and explanatory materials available from TimeBase's LawOne Service

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