1
Fair Work Act 2009
s.156 – 4 yearly review of modern awards
4 yearly review of modern awards–Family & Domestic Violence Leave and
Family Friendly Work Arrangements
(AM2015/1 and AM2015/2)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOOLEY
COMMISSIONER SPENCER MELBOURNE, 3 AUGUST 2017
4 yearly review - Family & Domestic Violence Leave Clause and Family Friendly Work
Arrangements
[1] A Mention was held in relation to the Family & Domestic Violence Leave and Family
Friendly Work Arrangements matters on 21 July 2017. A transcript of those proceedings is
available on the Commission’s website at Transcript – 21 July 2017.
[2] After the Mention we issued a Statement (the 24 July Statement). The 24 July
Statement sought submissions in relation to a number of issues and submissions were
received from the following parties:
(i) National Road Transport Association – 27 July 2017
(ii) Australian Meat Industry Council – 28 July 2017
(iii) Australian Public Service Commission – 28 July 2017
(iv) Australian Council of Trade Unions – 28 July 2017
(v) Australian Industry Group – 28 July 2017
(vi) Australian Chamber of Commerce and Industry – 28 July 2017
[3] This Statement deals with following issues in respect of the Family and Domestic
Violence Leave matter:
(i) the list of materials set out at Attachment A to the 24 July Statement;
(ii) the inclusion of the Australian Government Industry Award 2016 in this matter
and the review of modern enterprise awards;
(iii) a list of issues to be addressed in relation to the preliminary views;
(iv) the implementation of any outcome of the Family and Domestic Violence
Leave matter in particular modern awards; and
[4] The Statement also deals with the revised directions for the Family Friendly Work
Arrangements matter.
[2017] FWCFB 4047
STATEMENT AND DIRECTIONS
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/210717-am20151-2.htm
[2017] FWCFB 4047
2
AM2015/1–Family and Domestic Violence Leave Clause
(i) The list of materials set out at Attachment A to the 24 July Statement
[5] Attachment A to the 24 July Statement set out a list of submissions and evidence filed
in the Family and Domestic Violence Leave matter. Parties were asked to provide any
amendments or additions to the list by close of business on Friday 28 July 2017.
[6] The ACTU submission noted that three of the documents appearing on the
Commission’s website required amendment. The documents mentioned at paragraphs 6 and 8
of the ACTU’s submission have been replaced. The remaining document mentioned at
paragraph 9 of the submission will be replaced when a corrected version is filed.
[7] A revised list of submissions and evidence is at Attachment A to this Statement. The
submissions in relation to the constitution of the Full Bench have been removed from the final
list. This document will be updated as additional material is filed in accordance with the
directions for the hearing and determination of this matter. The Commission’s research area
has also been asked to provide a reference list of relevant data, reports and articles. The
reference list will be completed and published in due course and parties will have an
opportunity to comment on that material in their reply submissions.
(ii) The Australian Government Industry Award 2016 and the review of modern
enterprise awards
[8] In correspondence dated 19 July 2017, the CPSU raised the question of whether the
Australian Government Industry Award 2016 would be included in the current proceedings,
given that it was made after the commencement of the claim. At the 21 July 2017 Mention,
the Commission suggested that the CPSU have discussions with the ACTU and the APSC
about how the review of that award would proceed and whether the ACTU intended for the
claim to include all modern awards1.
[9] The ACTU submit that there is no sound reason to exclude the Australian Government
Industry Award from the proceedings, nor is there any basis upon which to require a party to
mount a positive case for its inclusion2.
[10] The APSC submit that the inclusion of specific clauses for family and domestic
violence leave is not necessary in the Australian Government Industry Award, but that if these
proceedings are intended to apply to all industry awards3 then the award should be included.
[11] We confirm that the Australian Government Industry Award will be considered as part
of the ACTU application and any outcome in this matter may apply to the award.
Accordingly, parties with an interest in that award are invited to make submissions in the
proceedings.
[12] The inclusion of any model term(s) arising from this matter will also be considered
during the review of the remaining enterprise and State reference public sector modern
awards. The review of those instruments will occur after the current technical and drafting
processes for the Group 1 to 4 awards are substantially complete (see [2014] FWCFB 5537 at
[16]–[18]).
https://www.fwc.gov.au/documents/documents/awardmod/decs/2014fwcfb5537.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-apsc-280717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-actu-190717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-actu-280717.pdf
[2017] FWCFB 4047
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(iii) List of issues to be addressed
[13] The 24 July Statement confirmed that there had been general agreement at the
Mention that it would be of assistance to the parties and the Commission if some guidance
was provided about the issues to be addressed in any submissions filed in respect of the
preliminary views expressed by Deputy President Gooley and Commissioner Spencer in their
decision of 3 July 2017 (see [3] of the 24 July Statement). The Statement set out some
examples of the issues which may be addressed.
[14] The submissions filed addressed the list of issues. A consolidated list of issues, taking
into account each of the submissions, is set out at Attachment B to this Statement.
[15] As noted in the 24 July 2017 Statement and at the Mention, the purpose of the list of
issues is to provide guidance to the parties as to the matters to be addressed in their written
submissions. However, it is important to note that a party’s submissions are not confined to
the issues identified.
(iv) Award implementation
[16] The APSC and NatRoad both made submissions in relation to certain award and
industry-specific matters. As we have mentioned, the APSC submit that it is not necessary to
include specific clauses in respect of family and domestic violence leave in the Australian
Government Industry Award. NatRoad submits that consideration should be given to an
industry specific approach in the modern awards in which it has an interest.
[17] In the event that the Full Bench confirms the preliminary views in respect of unpaid
leave and access to personal/carer’s leave for the purpose of taking family and domestic
violence leave, the likely outcome will be a model term.
[18] If any party wishes to contend that such a model term should not be inserted into a
particular award or that a tailored industry specific approach should be adopted, then they
should set out their position in accordance with the Directions set out at Attachment C to this
Statement. At this stage such a position need only be identified in summary terms, by
reference to particular modern awards. Any awards so identified will be the subject of further
proceedings after the resolution of a model term.
[19] To be clear, if a model term(s) is determined as part of these proceedings and we are
satisfied that such a term is necessary to achieve the modern award objective then it will be
inserted into each modern award except those modern awards which a party has indicated a
preference for a different approach, in accordance with the process set out at paragraph [18]
above.
AM2015/2–Family Friendly Work Arrangements
[20] Amended Directions were issued by former Vice President Watson on 22 December
2016.
[21] Ai Group sought an extension of time to file submissions and evidence in reply until 6
October 2017. Ai Group also proposed that paragraph 4 of the Amended Directions be
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-natroad-270717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-apsc-280717.pdf
[2017] FWCFB 4047
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amended so as to require submissions and evidence in reply by 27 October 2017 and that the
hearing dates in October be vacated.
[22] The Ai Group’s extension request is granted and the Directions of former Vice
President Watson dated 22 December 2016 are vacated. Amended directions are at
Attachment D to this Statement.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code C, PR595045
1 21 July 2017 Transcript PN 279-293
2 ACTU submission at [17]
3 APSC submission at [5]-[7]
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-apsc-280717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-actu-280717.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/210717-am20151-2.htm
5
Attachment A
AM2015/1–Family and Domestic Violence Leave materials filed to date
1. Decisions, Statements and Transcripts
Item no. Document title Document date
1 Full Bench decision - [2017] FWCFB
3494
03/07/2017
2 Full Bench decision - [2017] FWCFB
1133
27/02/2017
3 Transcript - 2 December 2016 02/12/2016
4 Transcript - 1 December 2016 01/12/2016
5 Transcript - 18 November 2016 18/11/2016
6 Transcript - 17 November 2016 17/11/2016
7 Transcript - 16 November 2016 16/11/2016
8 Transcript - 15 November 2016 15/11/2016
9 Transcript - 14 November 2016 14/11/2016
10 Transcript - 27 October 2016 27/10/2016
11 Order - confidential hearing orders 31/05/2016
12 Order - confidential evidence orders 31/05/2016
13 Full Bench decision - [2015] FWCFB
5585
23/10/2015
14 Transcript - 13 August 2015 13/08/2015
15 Transcript - 20 February 2015 20/02/2015
16 Statement - [2014] FWC 8583 1/12/2014
2. Submissions and correspondence
Item
no.
Document title Organisation Document date
1 Submission National Road
Transport Association
05/04/2017
2 Submission - further information Victorian Government
Solicitor's Office
06/12/2016
3 Correspondence ARA and another 09/12/2016
4 Submission Brisbane Catholic
Education
01/12/2016
5 Correspondence Women's Health
Tasmania
01/12/2016
6 Correspondence Ai Group 30/11/2016
7 Submission ACTU 28/11/2016
8 Correspondence Victorian Government
Solicitor's Office
28/11/2016
9 Correspondence NFF 28/11/2016
10 Submission - tender list ACTU 25/11/2016
11 Submission ACCI 28/11/2016
12 Submission Ai Group 28/11/2016
13 Correspondence AMIC 28/11/2016
14 Submission ACT Government 23/11/2016
15 List of exhibits - 14-18 November
2016
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-exhibits-list-161116.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-exhibits-list-161116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-actgov-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-corr-amic-281116.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-sub-aig-281116.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-sub-acci-281116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-actu-251116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-corr-nff-281116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-corr-vgso-281116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-actu-281116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-corr-aig-301116.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-corr-wht-011216.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-bce-011216.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-corr-araanor-091216.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-vgso-061216.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-sub-natroad-050417.pdf
https://www.fwc.gov.au/decisionssigned/html/2014FWC8583.htm
https://www.fwc.gov.au/documents/Transcripts/20150220_AM20152.htm
https://www.fwc.gov.au/documents/Transcripts/20150813_AM20151.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB5585.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB5585.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/PR580976-ceo.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/PR580974-cho.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-transcript-fwc-041116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-transcript-fwc-141116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-transcript-cont-fwc-151116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-transcript-cont-fwc-161116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-transcript-fwc-171116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-transcript-fwc-181116.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/20161201_am20151.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20161202-am20151.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb1133.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb1133.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/2017fwcfb3494.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/2017fwcfb3494.pdf
[2017] FWCFB 4047
6
16 Witness schedule - 17 November 2016 ACTU 17/11/2016
17 Submission Council of Greater
Dandenong
15/11/2016
18 Submission Queensland
Government
14/11/2016
19 Witness statements and expert
evidence - updated
ACTU 14/11/2016
20 Submission - objection to evidence -
ACTU
Ai Group 14/11/2016
21 Witness schedule- revised ACTU 14/11/2016
22 Witness statement - J. Stott - revised -
redacted
ACTU 11/11/2016
23 Submission NRA 02/11/2016
24 Correspondence - list of authorities Ai Group 20/10/2016
25 Submission in reply - witness
statement and expert report
ACTU 17/10/2016
26 Submission - source documents ACCI 12/10/2016
27 Submission - amended witness
statement
ACTU 12/10/2016
28 Submission in reply AHRC 14/10/2016
29 Correspondence NT Working Women's
Centre
10/10/2016
30 Submission in reply ACTU 05/10/2016
31 Submission National Foundation for
Australian Women
05/10/2016
32 Correspondence - directions hearing ACTU
33 Reply submission and witness
statements
Ai Group 19/09/2016
34 Submission PGA 19/09/2016
35 Submission AFEI 19/09/2016
36 Submission AMIC 16/09/2016
37 Submission Surf Coast Shire
Council
16/09/2016
38 Submission ACCI 16/09/2016
39 Submission NFF 15/09/2016
40
Submission
Aged Care Services
Australia Group
15/09/2016
41
Submission and witness statement
Pricewaterhouse
Coopers
20/06/2016
42 Submission and witness statements ACTU 01/06/2016
43 Correspondence – outlining evidence
to be filed
ACTU
31/05/2016
44 Submission - confidentiality matters ACTU 26/05/2016
45 Submission Victorian Government 16/05/2016
46 Submissions AHRC 12/05/2016
47 Outline of Expert Evidence ACTU 05/05/2016
48 Further submission Ai Group 21/08/2015
49 Further submission ACCI and others 21/08/2015
50 Further submission ACTU 18/08/2015
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-ACTU-180815.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-ACCI-210815.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-AIG-210815.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM2051-expert-evidence-ACTU-050516pdf.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/am2051-sub-ahrc-120516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/am2051-sub-vg-160516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/am2051-sub-actu-260516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/am2051-cor-actu-310516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2051-sub-actu-010616.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/am2051-sub-pwc-200616.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-acsag-150916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-nff-150916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-acci-160916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-scsc-221116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-amic-160916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-afei-190916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-pga-190916.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-aig-replysub-190916.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-aig-replysub-190916.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-corr-actu-260916.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2051-sub-nfaw-051016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-replysub-actu-051016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-corr-ntwwc-101016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-replysub-ahrc-141016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-ws-actu-0121016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-ws-actu-0121016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-acci-121016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-actu-171016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-actu-171016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-corr-auth-201016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-nra-021116.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2051-ws-actu-stott-111116.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2051-ws-actu-stott-111116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2051-witness-sched-actu-141116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-aig-141116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-aig-141116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-expert-witness-statements-actu-141116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-expert-witness-statements-actu-141116.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am20151-sub-qldgov-141116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151-sub-asu-151116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2051-witness-sched-actu-171116.pdf
[2017] FWCFB 4047
7
51 Correspondence and list of authorities ACTU 13/08/2015
52 Correspondence and list of authorities Ai Group 12/08/2015
53 Correspondence and list of authorities ABI & NSWBC 12/08/2015
54 Further submission and list of
authorities
Ai Group
11/08/2015
55 Correspondence and submissions ACTU 15/06/2015
56 Submission on preliminary issues NFF 20/04/2015
57 Submission - Jurisdictional objection Ai Group 20/04/2015
58 Submission HIA 20/04/2015
59 Outline of submissions ACCI 20/04/2015
60 Draft determinations ACTU 02/03/2015
61 Submission - draft clauses ACTU 13/02/2015
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20151and2-sub-actu-130215.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20152-draftdet-actu-020315.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-ACCI-200415.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-HIA-200415.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-AiG-200415.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-NFF-200415.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/common/AM20151and2-sub-actu-150615.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-AiG-110815.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-ABIandNSWBC-120815.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-corro-AiG-120815.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/AM20151and2-sub-ACTU-130815.pdf
[2017] FWCFB 4047
8
ATTACHMENT B
AM2015/1 Family and Domestic Violence Leave
List of Issues
A. Unpaid Domestic Violence Leave
1. Should there be an entitlement to access unpaid domestic violence leave in Modern
Awards?
2. If there is to be an entitlement to unpaid domestic violence leave in Modern
Awards, then:
2.1 What is the extent of the entitlement to unpaid domestic violence leave (i.e.
quantum)?
2.2 The circumstances in which the leave entitlement arises, including:
(a) the definition of ‘family and domestic violence’ for the purposes of
the clause;
(b) the circumstances in which leave may be accessed (eg attending an
appointment related to the violence); and
(c) who may access the entitlement
2.3 Accrual issues, in particular whether the leave entitlement is available in
full at the start of the year or accrues.
2.4 How would an employee access the entitlement (notice and evidentiary
requirements)?
2.5 The availability of leave for part-time and casual employees.
2.6 The confidentiality of information provided by employees concerning their
experience of family and domestic violence.
2.7 Whether taking unpaid family and domestic violence leave counts towards
continuity of service.
2.8 Relationship/interaction with other forms of leave.
B. Extension of the NES entitlement to personal/carers leave to domestic violence leave
1. Does the Full Bench have jurisdiction to extend the NES entitlement to
personal/carers leave to incorporate domestic violence leave?
2. If so, should the NES entitlement to personal/carers leave be extended to
incorporate domestic violence leave?
3. If the NES entitlement to personal/carers leave is to be extended to incorporate
domestic violence leave, then:
3.1 The circumstances in which the NES entitlement to personal/carers leave
can be accessed for the purposes of domestic violence leave? This issue
requires a consideration of definitional issues regarding domestic violence for
the purposes of the clause, the purposes for which the leave could be accessed
and who can access the entitlement.
3.2 Should there be a cap on the amount of personal/carer’s leave that can be
taken for family and domestic violence leave purposes?
3.3 The issues set out at 2.3 to 2.8 above.
[2017] FWCFB 4047
9
ATTACHMENT C
DIRECTIONS
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Family and domestic violence leave
(AM2015/1)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOOLEY
COMMISSIONER SPENCER MELBOURNE, 3 AUGUST 2017
Preamble
These directions concern the further proceedings in respect of the preliminary views
expressed by the majority (Deputy President Gooley and Commissioner Spencer) ([2017]
FWCFB 3494 at [6]) that:
(i) All employees should have access to unpaid family and domestic violence leave.
(ii) Employees should be able to access their NES entitlement to personal/carer’s leave for
the purpose of taking family and domestic violence leave.
Directions
1. All interested parties shall file comprehensive written submissions and any further witness
statements or documentary evidence on which the party seeks to rely by 4.00 pm on Friday
1 September 2017.
2. On or before 4.00 pm on Friday 29 September 2017, interested parties are to file
comprehensive written submissions in reply and any witness statements or documentary
evidence in reply.
3. All submissions filed should address the issues set out in Attachment B to the 2 August
2017 Statement. Submissions are not limited to the issues identified in Attachment B.
4. The matter will be listed for Conference before me on 11 and 13 October 2017 in
Melbourne.
5. The matter will be listed for oral Hearing on 19 and 20 October 2017 in Sydney.
6. All material should be sent in a Word document to amod@fwc.gov.au.
7. Copies of any submissions filed in response to these directions will be published on the
AM2015/1—Family and domestic violence clause page of the Commission’s website.
8. Liberty to apply
PRESIDENT
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/common-issues/am20151-family-domestic-0
mailto:amod@fwc.gov.au
[2017] FWCFB 4047
10
ATTACHMENT D
AMENDED DIRECTIONS
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards –Family friendly work arrangements
(AM2015/2)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOOLEY
COMMISSIONER SPENCER MELBOURNE, 3 AUGUST 2017
The directions issued on 22 December 2016 are vacated and the following directions are
made:
1. Any party opposing the ACTU’s claim shall file comprehensive written submissions
and any witness statements or documentary material on which the party seeks to rely, by
4.00 pm on Friday 6 October 2017.
2. The ACTU and any other interested party supporting the ACTU’s claim shall file any
reply evidence written submissions and evidence in reply by 4.00 pm on Friday 3
November 2017.
3. The matter will be listed for a directions hearing on Wednesday 8 November 2017 for
the purpose of scheduling the evidence. At that hearing, all parties intending to
participate in the hearing must be in a position to inform the Commission of the
witnesses required for cross-examination, and an estimate of the length of time required
for cross-examination.
4. The matter will be listed for hearing on 12-14 December 2017 and 18-22 December
2017, inclusive.
5. Liberty to apply.
PRESIDENT
