MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – This decision should be read in conjunction with the decision of Vice President Watson issued on 27 February 2017 [[2017] FWCFB 1133] – the Australian Council of Trade Unions (ACTU) made a claim to include in all modern awards an entitlement for employees to take family and domestic violence leave – effect of the ACTU’s claim would be to provide all employees with a right to ten days paid family and domestic violence leave per year which does not accumulate and, if the leave is exhausted, up to two days of unpaid family and domestic violence leave on each occasion – whether it was necessary, for the purpose of ensuring that modern awards, together with the NES, provide a fair and relevant minimum safety net to include an entitlement for employees to take family and domestic violence leave – Full Bench have formed the preliminary view that it was necessary to make provision for family and domestic violence leave however have decided to dismiss the ACTU’s application because the Full Bench was not satisfied, at this time, that it was necessary to provide ten days paid family and domestic violence leave to all employees covered by modern awards – in rejecting the ACTU’s proposal the Full Bench have not rejected the view that family and domestic violence is a significant community issue, and that there needs to be a workplace response to family and domestic violence – Full Bench has formed the preliminary view that all employees should have access to unpaid family and domestic violence leave – in addition the Full Bench have formed the preliminary view that employees should be able to access personal/carer’s leave for the purpose of taking family and domestic violence leave – as the parties have not had an opportunity to make submissions or call evidence on these matters the Full Bench intend to provide the parties with such an opportunity. 4 yearly review of modern awards – Family & Domestic Violence Leave Clause
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