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Vice President Watson has delivered his decision ahead of the other members of the Full Bench in light of his imminent retirement.

Importantly, the decision of VP Watson does not constitute the final decision of the Full Bench, with the other members of the Bench yet to release their decisions. The final decision of the Full Bench will be that made by the majority of the Full Bench, once further decisions are issued.

In a 60 page decision VP Watson acknowledged family and domestic violence as a social issue, noting:

“There can be no doubt that family and domestic violence is widespread in Australian society. It has implications for community safety, policing, law enforcement, family and other relationships, education and workplaces.”

The Vice President concluded however that the clause sought by the ACTU’s claim was not necessary to provide a fair and relevant minimum safety net of terms and conditions as required by the Fair Work Act 2009 (Cth).

The case, which ran for 7 hearing days in the latter part of 2016, is a part of the 4 Yearly Review of Modern Awards and sought 10 days of paid leave per year in all Modern Awards for employees experiencing family and domestic violence as well as an entitlement to 2 days unpaid leave on each subsequent occasion of family and domestic violence.

ABLA are the leading law firm involved in the proceedings and represent the Australian Chamber of Commerce and Industry, the New South Wales Business Chamber and Australian Business Industrial.

Related Resources

• Employees will be entitled to unpaid domestic violence leave
• Family and Domestic Violence Leave applies in Modern Awards effective today