STATEMENT

Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Family and domestic violence leave review 2021
(AM2021/55)

Family and domestic violence leave review 2021 – 4 yearly review of modern awards – leave to deal with family and domestic violence model term – background document and information notes published.

[1] On 8 March 2021, we issued a statement setting out further amended directions for the filing of material and for the hearing of this matter. 1 The current directions are:

6. By no later than 4.00 pm on Monday 28 March 2022, the parties are to file and exchange written submissions addressing only the conclusions to be drawn from the evidence, and limited to 15 pages. The parties’ submissions in respect of the evidence are also to address the following question:

Are any of the findings at [65]-[66]; [91]-[95] and [102]-[106] of the March 2018 Decision [2018] FWCFB 1691 challenged in the present proceedings? Is there any opposition to the Full Bench adopting those findings in the present proceeding?

7. By no later than 4:00pm on Monday 28 March 2022, the parties have leave to file, if they wish to do so, written closing submissions of no more than 30 pages.

8. The submissions referred to in directions 6 and 7 should be filed in Word and PDF format and sent to chambers.ross.j@fwc.gov.au.

9. The matter is listed for final oral submissions on Friday 8 April 2022 with an estimate of one day.

[2] The Commission’s research section has prepared the following documents that will be published with this statement:

•  A Background Document

•  Information note—ACTU supplementary submission to the Family and Domestic Violence Leave Review

•  Information note—Paid Family and Domestic Violence Leave by business size

[3] The Background Document sets out, amongst other things, a summary of the submissions of the main parties to date and poses a number of questions for the parties. Parties should include their short written answers in response to the questions set out in the Background Document in their submissions to be filed by 28 March 2022 (this should be done by referencing, rather than repeating in full, submissions already made, page numbers of the digital court book, the transcript, or the research reference list as appropriate).

[4] Any comments on the two Information Notes can also be set out in closing submissions.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR739246>

 1   [2022] FWCFB 24