On 6 December 2018, the Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 (the Bill) passed both Houses of Federal Parliament.
The Bill will not become law until it receives Royal Assent by the Governor-General.
When the Bill does receive Royal Assent, it will change the Fair Work Act 2009 to include an entitlement to unpaid family and domestic violence leave in the National Employment Standards (NES).
The introduction of unpaid family and domestic violence leave will apply to all new and existing national workplace relations systems employees regardless of their Employment Contract, Enterprise Agreement, Award or Award Free arrangements. Employees will be entitled to 5 days of unpaid family and domestic violence leave each year.
This Bill enshrines into legislation a recent decision of the Fair Work Commission. The Fair Work Commission has updated all industry and occupation awards to include a new clause about family and domestic violence leave. This new clause applied from the first full pay period on or after 1 August 2018.
We will provide an update once the Bill receives Royal Assent and the new law applies. Keep a lookout for our next blog on this issue.
What Should You Do?
- Review the terms of your Modern Award
- Implement a Family Violence and Domestic Violence Leave Policy
- Look out for the FWO’s updated Fair Work Information Statement that will need to be provided to all new employees. Set a reminder to download the revised Statement for employees commencing in the new year.