FWC decisions on Family Friendly work case and Unpaid Domestic Violence Leave

FWC Family Friendly work case – Ai Group comment

“The Australian Industry Group welcomes the rejection by a Full Bench of the Fair Work Commission of the ACTU’s claims in the Family Friendly Work Arrangements Case. Ai Group played the leading role in representing employers in the case. If the ACTU’s claims had been accepted, all awards would have been varied to give employees the right to dictate to their employer what hours and days they work, with the employer having no right to refuse regardless of the circumstances,” Australian Industry Group Chief Executive Innes Willox said today.

“The Commission has drafted a model clause aimed at facilitating discussion between employers and employees about flexible work arrangements rather than imposing outcomes upon employers, and has called for submissions on the model clause. Ai Group will study the decision and the draft clause and will express its views to the Commission by the 1 May 2018 deadline,” said Mr Willox.

FWC Unpaid Domestic Violence Leave decision: Ai Group comment

“After last year’s decision to reject the ACTU’s claim for 10 days of paid domestic violence leave, a Full Bench of the Fair Work Commission has decided to take a measured approach to the issue of unpaid domestic violence leave. The Commission has decided to implement an award entitlement to up to five days of unpaid leave per year for those who need to deal with the impact of domestic violence. An employee will only be able to take the leave if it is necessary for them to do something to deal with the impact of the domestic violence and it is impractical for them to do it outside of working hours,” Australian Industry Group Chief Executive, Innes Willox said today.

“Domestic violence is totally unacceptable and employers typically take a compassionate approach when employees who experience domestic violence need to take some leave. While different employers have different capacities to provide assistance to employees experiencing domestic violence, most employers are not likely to experience problems with what the Commission has decided.

“Ai Group will study the draft award clause which the Commission intends to issue for public comment, and express its views to the Commission,” Mr Willox said.