NES Entitlement for Unpaid Family and Domestic Violence Leave

The Fair Work Commission addressed five awards that still contained their original unpaid family and domestic violence clauses in a recent decision.

Those awards are as follows:

1. Aged Care Award 2010
2. Children’s Services Award 2010
3. Fast Food Industry Award 2010
4. Hair and Beauty Industry Award 2010
5. Social, Community, Home Care, and Disability Services Industry Award 2010

The awards now refer to the equivalent NES entitlement rather than having their clause regarding this type of leave. However, the entitlement remains the same. As a result, the new provisions will apply from the first pay period starting on or after Tuesday, 19 April 2022.

Because of the changes to the NES, all awards providing unpaid family and domestic violence leave are now referencing the NES entitlement. By doing so, all awards continue to be consistent with the NES entitlement.

Consequently, the Fair Work Commission has already changed all other awards to the NES entitlement for unpaid family and domestic violence leave.

What does it mean for employers?
Unpaid family and domestic violence leave are still available for employees covered by these awards. Therefore, an employee (including part-time and casual employees) is entitled to 5 unpaid days of family or domestic violence leave each year.

Workplace Policies
Business policies and employment contracts may provide paid, or unpaid family and domestic violence leave entitlements. The amount and type of leave and pay entitlements will vary depending on the contract. If, however, an employment contract or workplace policy stipulates less than the minimum entitlement provided by the NES, the NES entitlement applies. Please visit the Fair Work Page for more information on family and domestic violence leave.

Get In Touch
The information contained in this blog is general in nature. If you are unsure how this applies to you, feel free to contact us at VeiraMal Consulting. Our HR consultants will be happy to guide you through this.

VeiraMal Consulting offers a wide range of HR advisory services and packages to employers and employees. You can view all our services and packages here.