The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 is currently back in the Senate, with the Education and Employment Legislation Committee finalising its report and inquiry.

The Committee has recommended that:

• the Senate passes the Bill;
• an independent review of the legislation occurs 18 months after commencement; and
• the review assesses the impact of the legislation and adequacy of support/guidance provided to employers to assist them in complying with the legislation.

The Committee noted that while the majority of submissions supported the intent of the Bill, the following concerns required discussion:

1. The financial impact for employers in having an additional cost of paid domestic violence leave – although the Committee indicated that this needed to be balanced against the deleterious effects of domestic violence in the workplace (such as reduced performance, absenteeism and lost productivity).
2. The fact the Government was not funding the entitlement.
3. That the entitlement may be provided to perpetrators of domestic violence.
4. Whether the entitlement should be provided to casual employees – however, the Committee noted that providing the entitlement may enable existing casuals to remain in a business and not require the business to recruit new employees.
5. The rate the entitlement would be paid at, namely actual rate of pay versus base rate of pay.
6. Issues about ensuring the privacy and confidentiality of employees taking such leave, such as the need for placing restrictions on the viewing of employee files and using generic descriptions for the leave on employee pay slips.
7. Ensuring employers received training, guidance and resources to ensure they complied with their obligations under the proposed legislation.
8. Ensuring there was a mechanism for reviewing the impact of the legislation after commencement.

By Kelly Godfrey