Family and domestic violence leave review 2021

During the 4 yearly review of modern awards, the Fair Work Commission varied 123 modern awards to include an entitlement to 5 days’ unpaid leave to deal with family and domestic violence ([2018] FWCFB 1691).

We 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.

On 12 April 2021, the ACTU wrote to us requesting that we commence the foreshadowed review urgently.

The ACTU noted that ‘the increased incidence of family and domestic violence during COVID-19 has clearly demonstrated that this remains a pressing problem confronting employees and employers and the wider community.’

Read the ACTU's request to the Fair Work Commission dated 12 April 2021 (PDF).

The 2021 review of family and domestic violence leave terms in modern awards commenced with a conference on Friday, 30 April 2021. Read the Statement issued 15 April 2021 [2021] FWCFB 2047.

The following issues were considered during the Family and domestic violence leave review:

1. whether employees should be able to access paid personal/carer’s leave for the purpose of taking family and domestic violence leave
2. the adequacy of the unpaid family and domestic violence leave entitlement, and
3. whether provisions should be made for paid family and domestic violence leave.

In May 2022, we expressed a view to insert an entitlement to 10 days’ paid family and domestic violence leave into all modern awards.

Read the Family and domestic violence leave review 2021 decision.

Following the introduction of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 to Parliament in August 2022, we proposed not to take further steps in the family and domestic violence leave review.

In November 2022, the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 was passed and inserted an entitlement to 10 days’ paid family and domestic violence leave into the Fair Work Act 2009.

122 modern awards were varied to ensure they reflected the new entitlement. These changes took effect from 15 March 2023.