Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022

Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022

This Act amends the Fair Work Act 2009 to provide for paid family and domestic violence leave, and for related purposes. The amendments were enacted on November 9, 2022, and came into effect on February 1, 2023.

The main provisions of the Act include:

• Defining paid family and domestic violence leave
• Extending entitlements to non-national system employees under the National Employment Standards
• Modifying the meaning of full rate of pay for pieceworkers
• Allowing non-national system employers and employees to agree on matters that would otherwise be contrary to extended paid family and domestic violence leave provisions

The Act also includes provisions related to the extension of entitlements, modifications, and regulations.

Key Provisions

• The Act defines paid family and domestic violence leave as a form of leave available under the National Employment Standards.
• Non-national system employees are now entitled to the same leave provisions as national system employees.
• The Act allows for flexibility in determining full rate of pay for pieceworkers.
• Non-national system employers and employees can agree on matters that would otherwise be contrary to extended paid family and domestic violence leave provisions.

Amendments to ILO Convention (No. 190)

The Act includes amendments to the International Labour Organization Convention (No. 190) concerning Violence and Harassment, which were adopted by the General Conference of the ILO on June 21, 2019.

These amendments extend entitlements to non-national system employees under the National Employment Standards and modify provisions related to relationship between National Employment Standards and agreements.

Overall, the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 aims to provide greater support for employees affected by domestic violence and family crises.