Followed by a period of intense advocacy coupled with rounds of consultation, the Fair Work Commission (FWC) has recently announced their historic decision to increase family and domestic violence leave to ten (10) paid days per year for part-time and full-time employees, in addition to paid personal leave and annual leave entitlements.
Modern Awards currently provide for an employee entitlement of five (5) unpaid days per year. In a bid to address a workplace issue that has become increasingly prevalent during the Covid-19 pandemic, the FWC ruled that paid leave will ensure that affected employees maintain their employment and financial security whilst navigating family and domestic violence.
The adverse workplace-related impacts that the paid entitlement attempts to alleviate includes:
- disrupted work history with significant gaps in employment;
- lower personal incomes and quicker exhaustion of paid entitlements;
- frequent job changes;
- increased likelihood of casual and part-time work;
- absenteeism and decreased productivity; and
- decreased financial security and economic freedom.
The current unpaid regime does not incentivise employees to use the unpaid leave to relocate, attend court proceedings, obtain medical treatment or other forms of treatment, which may inhibit them from leaving violent relationships.
With one-third of recent enterprise agreements including a provision for paid family and domestic violence entitlements, the Federal Labour Government will legislate and amend the National Employment Standards to mandate this entitlement for all employees across the nation.
Casual employees will not be entitled to paid leave and the entitlement will not be available when the violence is perpetrated by a member of the employee’s household who is not related to the employee.
The National Employment Standards form the baseline entitlements which cannot be varied, reduced or contracted out of for all employees, regardless of Modern Award coverage. With the FWC anticipating widespread amendments to Modern Awards, there is no better time to conduct an employment contract audit.
Generally, employment contracts should include malleable provisions that reflect the National Employment Standards and applicable Modern Awards ‘as amended from time to time’. In the absence of well-drafted clauses, your employment contracts may be severed due to statutory illegality.
The FWC is yet to advise when the decision will be in effect. Follow Chamberlains Law Firm for regular updates in the employment space.
Book now with Jasmin Mantoufeh from the Workplace Law Team for an initial free consultation to review and discuss your current employment contracts.
If you have any questions or concerns please contact Angela Backhouse of our Workplace Law Team on 02 6188 3600