11/07/2018Leave, Employee Issues, Legislation, Awards

The Full Bench of the FWC has finalised a set of model terms for domestic violence leave.

The FWC is awaiting any further comments from groups before it enacts it into all Modern Awards, to take effect on 1 August 2018.

You can read an earlier article relating to the introduction of a Domestic Violence Leave into modern awards here.

The key provisions of the model terms outlined by the FWC include:

General provisions – domestic violence is threatening or other abusive behaviour from a family member including siblings of their partners or spouses (including former ones). 


  • 5 days of unpaid leave 
  • Available at full at the start of each year of their employment 
  • Does not accumulate  
  • Available to all employees including casuals 
  • May be less than 1 day subject to agreement between employee and employer 

Service and Continuity 

  • Does not count as service but does not break continuity of service

Notice and evidence 

  • Must be provided as soon as practicable including expected return date
  • Evidence that would satisfy a reasonable person that the leave is taken for the purpose of dealing with domestic violence 
  • Can include a letter from police, support services or a statutory declaration 


  • all materials obtained must be treated confidentially 


If you have any questions about the introduction of Domestic Violence Leave and what it means for your business, please contact ER Strategies on 1300 55 66 37 for further information. 

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