Family and domestic violence is a pervasive issue in our society and its effects can extend beyond the individual affected, to their families and employers.

 On 16 May 2022, the Fair Work Commission released its four-year review of modern awards – the ‘family and domestic violence leave review 2021’.

 Amongst many other findings, the Fair Work Commission found that:

• A 2021 report on the aggregate costs to the economy of family and domestic violence against women estimated that it costs employers up to $2 billion per year.
• Employees who experience family and domestic violence may also suffer financial difficulties as a result and may suffer economic harm as a result of disruption to workplace participation.
• Family domestic violence is a gendered phenomenon and affects women significantly more than men.
• Family domestic violence has a real and tangible impact on employees and employers in the workplace.
• Employment is an important pathway out of violent relationships.
• Paid family and domestic violence leave provides significant assistance to those experiencing family and domestic violence and the introduction of paid family and domestic violence leave will be of some benefit to employers. Employers should experience a reduction in absenteeism and lost productivity caused by family and domestic violence.

 Accordingly, the Fair Work Commission increased the current five days of unpaid family and domestic violence leave per year in Modern Awards to 10 days of paid leave per year.

 A summary of the Fair Work decision can be found here.  

It should be noted that the new Labor government has also committed to ensuring that the National Employment Standards that apply to most employers and employees regardless of whether an Award governs their employment, will also provide for 10 days family and domestic violence leave rather than the current five days unpaid leave. Find out more here.  

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The information in this blog is intended only to provide a general overview and has not been prepared with a view to any particular situation or set of circumstances. It is not intended to be comprehensive nor does it constitute legal advice. While we attempt to ensure the information is current and accurate we do not guarantee its currency and accuracy. You should seek legal or other professional advice before acting or relying on any of the information in this blog as it may not be appropriate for your individual circumstances.