Ai Group comment on FWC’s Family and Domestic Violence Leave Decision

In commenting on the FWC Family and Domestic Violence Leave decision today, Innes Willox, Chief Executive of the national employer association Ai Group said: “Family and domestic violence is a serious and pervasive social problem. During the Fair Work Commission’s Family and Domestic Violence Leave Review, there was evidence of the flexible and compassionate approach that employers typically adopt when an employee is impacted by family and domestic violence.

“Today, in a lengthy 266 page decision, a Full Bench of the Commission expressed a provisional view that awards should be varied to implement an entitlement to up to 10 days per annum of paid family and domestic leave for full-time and part-time employees who experience such violence. The Commission has also expressed a provisional view that ACTU claims for the entitlement to apply on top of the existing five day unpaid entitlement in the Fair Work Act, and to apply to casuals, should be rejected.

“The Commission has made a finding that the cost impact on employers is unlikely to be substantial due to the likely low employee rate of access to the entitlement.

“The Commission has invited interested parties to make further submissions on the provisional views that it has expressed in today’s decision. Ai Group intends to study the decision carefully, consult our members and make further submissions to the Commission over the coming weeks,” Mr Willox said.

Decision

A summary of the decision

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