On 6 December, the Morrison Government passed legislation to amend the minimum NES safety net for workers under the Fair Work Act 2009 to include the right to take up to five days' unpaid family and domestic violence leave.

The new NES entitlement provides for five days of unpaid family and domestic violence leave in a 12-month period and is available to all types of employees, including casuals. It is available in full at the commencement of each 12-month period, rather than accruing through the year, and does not accumulate from year to year.

The change to the NES is consistent with the Fair Work Commission Full Bench decision last year to amend modern Awards to provide the unpaid family and domestic violence entitlement. Members may recall that this variation to modern Awards took effect on 1 August 2018.