Independent Review of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth)

Recommendations of the Independent Review

1. Ongoing evaluation and stakeholder consultation is needed to develop the evidence base on paid FDV leave. As familiarity with the entitlement increases, continued opportunities for stakeholder engagement are important to inform proposals for further reform.

2. Existing resources should be improved and promoted, with a particular focus on small business and resources that speak to employees, including:

• Reconsider and revise existing government resources with a particular focus on areas of uncertainty including the interpretation of evidentiary requirements, management of confidentiality, and application of the entitlement to casual employees and employees requesting leave to care for others.
• Relaunch and invest in continuing development of the www.10dayspaidfdvleave.com.au website, the ‘one-stop shop’ hub for small business.
• Consider targeting information through identified channels of communication that are regularly accessed by small business owners and the community (such as social media).
• Consider ways to normalise paid FDV leave within the context of broader workplace relations messaging.

3.  Harness the intelligence and advocacy of unions, employer representatives and small business peak bodies to continue training and awareness-raising initiatives and report back to Government on progress and emerging barriers.

4. Any response by Government to enhance resources should tap into existing distribution networks and focus on priority groups of employees including:

• Casual workers
• First Nations and CALD workers
• LGBTQIA+ workers
• People living and working with disability
• Workers in regional, rural and remote communities.

5. Initiatives to improve awareness of and access to paid FDV leave must be integrated with broader community efforts to address FDV and gender inequality. For example:

• Education and training initiatives for first responders (and services that commonly interact with FDV victim-survivors) should include information on workplace entitlements and supports.
• Community actions to further the objectives of the National Plan should continue to recognise the role of the workplace in addressing and responding to FDV.
• Attention to issues of national consistency and importance, including a harmonised legislative definition of FDV, should continue to be prioritised. The multi-disciplinary review team included experts in the fields of family and domestic violence, workplace relations and the workforce and labour implications of gender inequality.