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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (Ten Days Paid
Domestic and Family Violence Leave)
Bill 2020
No. , 2020
(Ms Burney)
A Bill for an Act to amend the law relating to fair
work entitlements for workers experiencing
domestic and family violence, and for related
purposes
No. , 2020
Fair Work Amendment (Ten Days Paid Domestic and Family Violence
Leave) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2020
Fair Work Amendment (Ten Days Paid Domestic and Family Violence
Leave) Bill 2020
1
A Bill for an Act to amend the law relating to fair
1
work entitlements for workers experiencing
2
domestic and family violence, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Fair Work Amendment (Ten Days Paid Domestic
7
and Family Violence Leave) Act 2020
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Fair Work Amendment (Ten Days Paid Domestic and Family Violence
Leave) Bill 2020
No. , 2020
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2020
Fair Work Amendment (Ten Days Paid Domestic and Family Violence
Leave) Bill 2020
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Section 12
4
Insert:
5
paid family and domestic violence
leave means paid family and
6
domestic violence leave to which a national system employee is
7
entitled under section 106A.
8
2 Section 12 (definition of
unpaid family and domestic
9
violence leave
)
10
Repeal the definition.
11
3 Subsection 17(2) (note)
12
Omit "unpaid family and domestic violence leave", substitute "paid
13
family and domestic violence leave".
14
4 Paragraph 61(2)(e)
15
Omit "unpaid family and domestic violence leave", substitute "paid
16
family and domestic violence leave".
17
5 Division 7 of Part 2-2 (heading)
18
Omit "
unpaid
", substitute "
paid
".
19
6 Subdivision CA of Division 7 of Part 2-2 (heading)
20
Omit "
Unpaid
", substitute "
Paid
".
21
7 Section 106A (heading)
22
Omit "
unpaid
", substitute "
paid
".
23
8 Subsection 106A(1)
24
Omit "5 days of unpaid family and domestic violence leave", substitute
25
"10 days of paid family and domestic violence leave".
26
Schedule 1
Amendments
4
Fair Work Amendment (Ten Days Paid Domestic and Family Violence
Leave) Bill 2020
No. , 2020
9 Subsections 106A(2)
1
Omit "Unpaid", substitute "Paid".
2
10 Subsection 106A(4)
3
Omit "unpaid", substitute "paid".
4
11 Paragraph 106A(4)(a)
5
Omit "5 day period", substitute "10 day period".
6
12 Subsection 106A(5)
7
Omit "more than 5 days of unpaid leave", substitute "paid or unpaid
8
leave in addition to the entitlement in subsection (1)".
9
13 At the end section 106A
10
Add:
11
(6) If an employee takes a period of paid family and domestic violence
12
leave, the employer must pay the employee:
13
(a) for an employee other than a casual employee--at the
14
employee's base rate of pay for the employee's ordinary
15
hours of work in the period; or
16
(b) for a casual employee--at the employee's base rate of pay,
17
plus any casual loading that the employer would be required
18
to pay the employee, for the hours of work in the period for
19
which the employee was rostered.
20
14 Section 106B (heading)
21
Omit "
unpaid
", substitute "
paid
".
22
15 Subsection 106B(1)
23
Omit "unpaid", substitute "paid".
24
16 Subsection 106B(1) (note 1)
25
Repeal the note, substitute:
26
Note 1:
Examples of actions, by an employee who is experiencing family and
27
domestic violence, that could be covered by paragraph (b) include (but
28
are not limited to) attending legal proceedings, counselling,
29
appointments with medical, financial or legal professionals; and/or
30
relocation or making other safety arrangements.
31
Amendments
Schedule 1
No. , 2020
Fair Work Amendment (Ten Days Paid Domestic and Family Violence
Leave) Bill 2020
5
17 Subsection 106C(1)
1
Repeal the subsection, substitute:
2
(1) Employers must take steps to ensure information concerning any
3
notice or evidence an employee has given under section 107 of the
4
employee taking leave under this Subdivision is treated
5
confidentially.
6
Note:
Information concerning an employee's experience of family and
7
domestic violence is sensitive and if mishandled can have adverse
8
consequences for the employee. Employers should consult with such
9
employees regarding the handling of this information.
10
18 Section 106D (heading)
11
Omit "
unpaid
", substitute "
paid
".
12
19 Paragraph 107(3)(d)
13
Omit "unpaid", substitute "paid".
14
20 In the appropriate position in Schedule 1
15
Insert:
16
Part 9--Amendments made by the Fair Work
17
Amendment (Ten Days Paid Domestic and
18
Family Violence Leave) Act 2020
19
20
41 Entitlement to paid family and domestic violence leave
21
(1) Subdivision CA of Division 7 of Part 2-2, as amended by the
Fair
22
Work Amendment (Ten Days Paid Domestic and Family Violence
23
Leave) Act 2020
, applies in relation to an employee whose
24
employment started before the commencement of that Act as if the
25
period:
26
(a) starting on that commencement; and
27
(b) ending on the first day after that commencement that is an
28
anniversary of the day the employment started;
29
were a 12 month period.
30
Schedule 1
Amendments
6
Fair Work Amendment (Ten Days Paid Domestic and Family Violence
Leave) Bill 2020
No. , 2020
(2) For the purposes of this clause, if an employee is employed by a
1
particular employer:
2
(a) as a casual employee; or
3
(b) for a specified period of time, for a specified task or for the
4
duration of a specified season;
5
the start of the employee's employment is taken to be the start of
6
the employee's first employment with that employer.
7