The Fair Work Commission (FWC) is conducting a Family and Domestic Violence Leave Review 2021 to consider whether award-covered employees should have paid domestic violence leave entitlements. 

A few years ago when an entitlement of up to five days of unpaid family and domestic violence leave was introduced into awards (and later in the National Employment Standards), the FWC decided that the issue of whether a paid leave entitlement was appropriate would be considered again in mid-2020. COVID-19 delayed the start of the current proceedings.

In addition to considering whether paid family and domestic violence leave entitlements should be implemented, the FWC is considering whether employees should be able to access their personal/carer’s leave for family and domestic violence purposes.

A program has been set by the FWC for the filing of submissions and evidence. The ACTU has filed its initial submissions and evidence in the case and was required to file any additional materials by 22 December 2021. Ai Group’s submissions in reply must be filed by 4 February 2022. The matter is listed for five days of hearings commencing on 28 February 2022.

Ai Group is playing a leading role in representing employers in the case.

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