In ER Alert 12/2022 we advised that the Federal Government was intending to introduce legislation to provide 10 days’ paid family and domestic violence leave (FDVL) in the National Employment Standards (NES).
On 28 July 2022, the Federal Government introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Paid FDVL Bill 2022) into Parliament. On 27 October 2022, the Paid FDVL Bill 2022 passed Parliament.
The Paid FDVL Bill 2022 makes some key changes as outlined below:
- To provide 10 days of paid FDVL in a 12 month period for full-time, part-time and casual employees.
- To provide that employees (including casuals) are to be paid FDVL at their full rate of pay for the hours that they would have worked had they not taken the leave (rather than at their base rate of pay).
- To expand the definition of family and domestic violence to include conduct of a current/former intimate partner of an employee or a member of an employee’s household.
- To extend the full paid entitlement to all non-national system employees (i.e. State system employees) when the International Labour Organisation (ILO) Convention (No. 190) concerning Violence and Harassment is ratified and comes into force for Australia on or before 1 February 2025.
The paid FDVL entitlement does not accrue progressively and is available from the commencement of employment and resets on each anniversary of commencement of employment.
Commencement of the Paid FDVL Bill
Federal system employers
The Paid FDVL Bill 2022 has a staggered commencement. The paid FDVL entitlement will commence on 1 February 2023 for full-time, part-time and casual employees of national system employers that are not a small business employer (i.e. employs fewer than 15 employees). For employers that employ fewer than 15 employees the paid FDVL entitlement will commence on 1 August 2023.
State system employers
For State system employers, if the ILO Convention (No. 190) comes into force for Australia on or before 1 February 2025, the NES paid FDVL entitlement will come into effect from the ratification of the ILO Convention (No. 190).
We will notify Local Governments if or when the ILO Convention (No. 190) comes into force and triggers the commencement of the FDVL entitlement for Local Governments operating in the State IR system.
Resources updated for subscribers
WALGA has recently updated the following resources which are available for WALGA Employee Relations subscribers to download on our website:
- Annual Employee Declaration Template (Updated)
- Fact Sheet - Personnel vs. Confidential HR File (Updated)
- Pre-Employment Checklist (Updated)
- Recruitment and Selection Procedure (Updated)
- Visa Recruitment Checklist (New)
These resources contain applicable visa information from the Webinar ‘Navigating the skills shortage – Are visas the answer?’ presented by Mapien on 25 August 2022. To view the webinar, please click here.
If you have any questions about this alert, please email WALGA Employee Relations or call 1300 366 956.
