The FWC is awaiting any further comments from groups before it enacts the finalised set of model terms 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