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All members of FWC Full Bench are unconvinced of the need to provide paid domestic violence leave in Awards

"Today, Deputy President Gooley and Commissioner Spencer of the Fair Work Commission (FWC) handed down a joint decision in the Family and Domestic Violence Leave Case. The decision confirms that none of the three Members of the Full Bench are convinced that the ACTU's claim for 10 days of paid domestic violence leave is necessary or appropriate," Innes Willox, Chief Executive of the Australian Industry Group (Ai Group) said today.

"Today's decision of Gooley DP and Spencer C followed the February 2017 decision of Vice President Watson (the other Member of the Full Bench) rejecting the unions' claim. Employers will be pleased that none of the Members of the Full Bench have expressed support for separate, paid domestic violence leave entitlements in awards.

"Ai Group is playing a leading role in representing employers in the case.

"In their decision, Deputy President Gooley and Commissioner Spencer have expressed a preliminary view that all award-covered employees should:

  • Have access to unpaid family and domestic violence leave; and
  • Be able to access personal/carer's leave for the purpose of taking domestic violence leave.

"The FWC intends to provide the opportunity for parties to make submissions and call evidence about the preliminary view expressed by Gooley DP and Spencer C.

"The FWC has also accepted Ai Group's submissions that the ACTU's proposed clause is too broad and uncertain.

"During the rest of the proceedings, Ai Group will continue to argue that employers have different capacities to provide support to employees who experience domestic violence in their personal lives, and a 'one-size-fits-all' approach is not appropriate," said Mr Willox.

Media Enquiries Tony Melville – 0419 190 347

Decision of Gooley DP and Spencer C

Vice President Watson's decision

Ai Group's submission