10 DAYS PAID FAMILY & DOMESTIC VIOLENCE LEAVE (FDV)
A Fair Work Commission (FWC) Full Bench this week came to a provisional view that there should be an Award Entitlement to 10 Days Paid Family & Domestic Violence (FDV) Leave.
This will apply to Award covered Full Time & Part Time Workers (on a pro rata basis), but not Casual Workers.
The FWC is seeking the Federal Government’s view on whether it would incorporate such a provision in the National Employment Standards (NES). The Full Bench said that while they expressed no view about whether the Federal Government should change the NES to provide for paid FDV leave, “that is a matter for Parliament, not the Commission”. “… clarity as to the Commonwealth Government’s intentions would plainly be of assistance,” the Full Bench said.
The FWC has proposed that by June 17 parties draft a model FDV Leave Term, to be included in Awards.
The Full Bench will then give the Federal Government the opportunity to clarify its intentions, regarding any amendment to the NES, should it choose to do so.
WHAT IS A HIGHER DUTIES ALLOWANCE?
Higher Duties is an Allowance that shall be paid to an Employee who, at the request of the Employer, is substantially performing the duties of a classification higher than the Employees own, on a temporary basis.
EXAMPLE: under the General Retail Industry Award an Employer must pay an Employee who performs Higher Duties for more than 2 hours on any particular day, the higher classification for the whole of the day.
If the Employee performs the Higher Duties for less than 2 hours, they should be paid the higher classification for the time the Higher Duties were performed.
We recommend you check the relevant Award to ensure you are compliant.
AN EMPLOYEE RESIGNS – NOW WHAT?
We recommend you have a process in place which provides clear guidance for Employees. Here are some helpful points for Employers:
- Respond to resignation with a Resignation Acceptance Letter.
- Ensure the Employee has provided the correct notice.
- The Employer may choose to pay the Employee out the notice period, i.e. payment in lieu of notice.
KEEP UP TO DATE WITH CHANGES TO AWARDS
HEALTH PROFESSIONALS & SUPPORT SERVICES AWARD: introducing annualised Wage Arrangements from 9 May 2022.
MANUFACTURING AWARD / TIMBER AWARD: There have been clarifications to Redundancy and other Award Terms in these 2 Awards from 2 May 2022.