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)

SOCIAL, COMMUNITY, HOME CARE AND DISABILITY SERVICES INDUSTRY AWARD 2010
[MA000100]

Family and domestic violence leave review 2021 – unpaid family and domestic violence leave.

A. Further to the decision issued by the Full Bench of the Fair Work Commission on 11 April 2022 [[2022] FWCFB 57], the above award is varied as follows:

1. By deleting clause “36—Leave to deal with Family and Domestic Violence” and inserting the following:

36. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

2. By updating the table of contents accordingly.

B. This determination comes into operation on 19 April 2022. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 19 April 2022.

PRESIDENT

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