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Family and Domestic Violence Leave Review 2021

The Fair Work Commission (FWC) is set to review its decision to include an entitlement to 5 days’ unpaid leave to deal with family and domestic violence into 123 modern awards.

It comes as part of the FWC’s 4 yearly review of modern awards decision in 2018, which proposed to conduct a review of the unpaid leave entitlement in June 2021 to consider the following issues:

  • whether employees should be able to access paid personal/carer’s leave for the purpose of taking family and domestic violence leave;
  • whether any changes are needed to the unpaid leave model term;
  • whether provisions should be made for paid family and domestic violence leave.

The 2021 review of family and domestic violence leave terms in modern awards will commence with a conference this Friday (30 April).

To assist the review, the FWC has set out a research program which it intends to undertake. Included in the draft research program is a survey of employers which will be seeking information on the use and operation of the unpaid family and domestic violence leave entitlement.

The FWC says the purpose of the survey is to understand how businesses support employees who have experienced or are experiencing family and domestic violence and in particular, whether employees have access to either paid or unpaid family and domestic violence leave.

The Fair Work Commission released a further statement on the Review which included the publication of the draft employer survey, as drafted by Commission staff.

The Survey is divided into four sections covering the following:

  • Business and employees: Questions about the number of employees a business has, the number of employees covered by a modern award, the location and industry of the business.
  • Family and domestic violence leave support: Questions about any family and domestic violence leave policies that are in place in the business.
  • Paid family and domestic violence leave: Questions about any paid family and domestic violence leave available to employees.
  • Unpaid family and domestic violence leave: Questions about unpaid family and domestic violence leave entitlements access by employees.

It is anticipated that like prior employer surveys produced by the FWC, it will likely be directed to inform and pass this survey on to relevant members for distribution to business members.

AREEA’s position

There are obvious benefits to the employer, the employee, the employee’s children and to the broader community if those who are experiencing domestic violence can maintain their employment.

While these benefits are well known and assist with escaping domestic violence, it is AREEA’s view that there is nothing precluding employers from applying their own additional domestic and family violence policies and practices.

AREEA is aware of many resources and energy employers who have policies and initiatives in place to support people in their workplace who experience domestic and family violence.

AREEA and its national workforce gender diversity initiative, Australian Women in Resources Alliance (AWRA), are available to assist members in this area.

For more information or to find out how AWRA can support you and your organisation, contact us today at [email protected].

 

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