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| MA000121 PR750545 |
| FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.160—Variation of a modern award to remove ambiguity or uncertainty or correct error
Family and domestic violence leave review 2021
(AM2021/55)
STATE GOVERNMENT AGENCIES AWARD 2020
[MA000121]
State and Territory government administration | |
JUSTICE HATCHER,PRESIDENT | SYDNEY,10 MARCH 2023 |
Family and domestic violence leave review 2021 –paid family and domestic violence leave –State Government Agencies Award 2020.
A. Further to the Full Bench decision issued by the Fair Work Commission on 10 March 2023 [[2023] FWCFB 39],the above award is varied as follows:
1. By inserting the following note as a new paragraph at the end of clause 11.1:
NOTE:The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.
2. By deleting clause 11.2.
3. By renumbering clauses 11.3 to 11.5 as clauses 11.2 to 11.4.
4. By deleting clause 26—Unpaid family and domestic violence leave and inserting the following:
26. Family and domestic violence leave
Family and domestic violence leave is provided for in the NES.
NOTE 1:Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2:Depending upon the circumstances,evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service,a court or family violence support service,or a statutory declaration.
5. By updating the table of contents and cross-references accordingly.
B. This determination comes into operation on 15 March 2023. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 15 March 2023.
PRESIDENT
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