A Full Bench of the Fair Work Commission (FWC) recently handed down a decision introducing unpaid Family and Domestic Violence Leave (FDV Leave) of up to five days per annum (non-cumulative) to all Modern Awards.

An employee subject to a Modern Award may take FDV Leave if the employee is experiencing family and domestic violence, and needs to do something to deal with the impact of the family and domestic violence, and it is impractical for the employee to do that thing outside their ordinary hours of work. Family and Domestic Violence means violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee that causes them harm or to be fearful.

All employees subject to a Modern Award (including part time and casual employees) will be entitled to the full five days of leave at the start of each 12-month period of the employee’s employment. The leave will not however accumulate from year to year.

An employee is required to give you notice as soon as practicable and must advise you of the period, or expected period of the leave. If your employee requests FDV Leave you must take steps to ensure information relating to the leave is kept confidential.

The changes are effective from the first full pay period starting on or after 1 August 2018.

Whilst the change applies to employees subject to a Modern Award (e.g. Building and Construction General On-site Award 2010, Clerks – Private Award 2010, Joinery and Building Trades Award 2010) – employers covered by enterprise agreements (EBAs) will also be affected if their EBA incorporates a Modern Award and does not otherwise provide an FDV Leave entitlement.

Members seeking further information are encouraged to contact the IR Department on (03) 9411 4560.