Australian Human Rights Commission
Information for List of Issues on Australia, 29 September 2017
11.2
Family and domestic violence leave and related protections
60.
Women who experience FDV may face adverse treatment in the workplace
that is specifically related to their experiences of violence. For example, they
may be denied leave or flexible work arrangements to attend violence-related
matters, such as moving into a shelter; they may have their employment
terminated for violence-related reasons; or they may be transferred or
demoted for reasons related to violence.85 This treatment can exacerbate the
costs and consequences of FDV.86
61.
As of 2013, over one million employees could access leave and other
protections made available through domestic violence clauses in agreement or
award conditions.87 All Australian governments have introduced domestic
violence protections for their public servants, some of which include paid
leave.88 Many Australian businesses also provide for FDV leave within
company policy.89
62.
As part of Australia’s Fair Work Commission’s review of all modern awards,90
the Australian Council of Trade Unions sought variations to all modern awards
to insert specific provisions relating to FDV leave.91 This was supported by the
Commission.92
63.
The Fair Work Commission did not grant this claim for paid FDV leave,
however accepted that employees should be entitled to unpaid FDV leave.93
Issues for consideration in the LOI:
Information on the Australian Government’s support for workplaces to
introduce and implement FDV policies and programs.
Information on including FDV leave in the National Employment Standards
and modern awards.
Information on recognising FDV as a protected attribute within existing
anti-discrimination legislation and federal employment laws.
11.3
Paid Parental Leave
64.
The Paid Parental Leave Act 2010 (Cth) came into effect as a result of the
Productivity Commission’s 2009 Inquiry report, which recommended a paid
postnatal period of 18 weeks.94 The Productivity Commission also
recommended that superannuation entitlements be provided to mothers,
subject to certain conditions, a recommendation also supported by the
Commission.95
65.
International best practice suggests that extending father/partner leave quotas
(on a ‘use it or lose it’ basis), in addition to providing sufficient paid parental
leave which may be shared by either partner increases gender equity. 96
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