10 days paid domestic and family violence leave

In a decision handed down on 16 May 2022, a Full Bench of the Fair Work Commission (FWC) has provisionally approved 10 days of paid domestic and family violence leave for full time and part-time (pro-rata) employees covered by Modern Awards.

This historic provisional decision will apply to over 2.6 million employees covered by Modern Awards.  The decision however is likely to set a precedent for all Australian employees in the future. The extension of the decision to all employees would require an amendment to the Fair Work Act, 2009 to include the entitlement in the National Employment Standards (NES).

In accordance with the provisional decision, employees who qualify will be able to access up to 10 days per annum of paid leave, at their base rate of pay. 

The FWC Full Bench, although having made this fundamental provisional decision about the future entitlement, will hear further submissions from interested parties regarding the content of the model clause to be inserted into Modern Awards.  This will include the evidence required from employees to enable them to access the entitlement.  The implementation date will be confirmed by the FWC once the model clause has been finalised.  The delay in implementing the decision will also allow the Federal Government to determine if they will insert such a provision in the NES, which will apply to all employees, therefore making the variation of Modern Awards unnecessary to deliver on the decision of the FWC Full Bench.

We will continue to keep you updated as this matter progresses. There is no immediate change to the current arrangements, however it is clear that there will be changes in the future at the very least to employees covered by Modern Awards.

If you would like more information on these updates or require assistance in preparing your business for the implementation of the upcoming changes, please contact your usual Mazars advisor or our HR Consulting division via the form below or on:





+61 7 3218 3900

+61 3 9252 0800

+61 2 9922 1166


Author: Cheryl-Anne Laird

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Published: 17/05/2022

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