Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 1—Amendments

Schedule 1 Amendments

   

Fair Work Act 2009

1  Section 12

Insert:

paid family and domestic violence leave means paid family and domestic violence leave to which a national system employee is entitled under section 106A.

2  Section 12 (definition of unpaid family and domestic violence leave )

Repeal the definition.

3  Subsection 17(2) (note)

Omit “unpaid family and domestic violence leave”, substitute “paid family and domestic violence leave”.

4  Paragraph 61(2)(e)

Omit “unpaid family and domestic violence leave”, substitute “paid family and domestic violence leave”.

5  Division 7 of Part 2-2 (heading)

Omit “ unpaid ”, substitute “ paid ”.

6  Subdivision CA of Division 7 of Part 2-2 (heading)

Omit “ Unpaid ”, substitute “ Paid ”.

7  Section 106A (heading)

Omit “ unpaid ”, substitute “ paid ”.

8  Subsection 106A(1)

Omit “5 days of unpaid family and domestic violence leave”, substitute “10 days of paid family and domestic violence leave”.

9  Subsections 106A(2)

Omit “Unpaid”, substitute “Paid”.

10  Subsection 106A(4)

Omit “unpaid”, substitute “paid”.

11  Paragraph 106A(4)(a)

Omit “5 day period”, substitute “10 day period”.

12  Subsection 106A(5)

Omit “more than 5 days of unpaid leave”, substitute “paid or unpaid leave in addition to the entitlement in subsection (1)”.

13  At the end section 106A

Add:

             (6)  If an employee takes a period of paid family and domestic violence leave, the employer must pay the employee:

                     (a)  for an employee other than a casual employee—at the employee’s base rate of pay for the employee’s ordinary hours of work in the period; or

                     (b)  for a casual employee—at the employee’s base rate of pay, plus any casual loading that the employer would be required to pay the employee, for the hours of work in the period for which the employee was rostered.

14  Section 106B (heading)

Omit “ unpaid ”, substitute “ paid ”.

15  Subsection 106B(1)

Omit “unpaid”, substitute “paid”.

16  Subsection 106B(1) (note 1)

Repeal the note, substitute:

Note 1:       Examples of actions, by an employee who is experiencing family and domestic violence, that could be covered by paragraph (b) include (but are not limited to) attending legal proceedings, counselling, appointments with medical, financial or legal professionals; and/or relocation or making other safety arrangements.

17  Subsection 106C(1)

Repeal the subsection, substitute:

             (1)  Employers must take steps to ensure information concerning any notice or evidence an employee has given under section 107 of the employee taking leave under this Subdivision is treated confidentially.

Note:          Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

18  Section 106D (heading)

Omit “ unpaid ”, substitute “ paid ”.

19  Paragraph 107(3)(d)

Omit “unpaid”, substitute “paid”.

20  In the appropriate position in Schedule 1

Insert:

Part 9 Amendments made by the Fair Work Amendment (Ten Days Paid Domestic and Family Violence Leave) Act 2020

   

41   Entitlement to paid family and domestic violence leave

             (1)  Subdivision CA of Division 7 of Part 2-2, as amended by the Fair Work Amendment (Ten Days Paid Domestic and Family Violence Leave) Act 2020 , applies in relation to an employee whose employment started before the commencement of that Act as if the period:

                     (a)  starting on that commencement; and

                     (b)  ending on the first day after that commencement that is an anniversary of the day the employment started;

were a 12 month period.

             (2)  For the purposes of this clause, if an employee is employed by a particular employer:

                     (a)  as a casual employee; or

                     (b)  for a specified period of time, for a specified task or for the duration of a specified season;

the start of the employee’s employment is taken to be the start of the employee’s first employment with that employer.