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 14

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