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Safety plan aims to drive up FDV leave rate
Source: Employment Relations (27.02.2025)
Source: OHS Alert (subscription service) (https://www.ohsalert.com.au/) (25.02.2025)
Employers will be better guided on effectively and safely handling sensitive disclosures of family and domestic violence (FDV), as part of a plan to normalise the utilisation of paid leave for the significant WHS issue, the Federal Government has revealed.
The Government today released its response to last year's independent review of the paid FDV leave entitlement under the Commonwealth Fair Work Act 2009, declaring its support for all five recommendations.
It acknowledges there has been low uptake of the benefit to date, for reasons ranging from lack of awareness to privacy concerns and fear of repercussions from perpetrators.
As reported by OHS Alert, about seven million Australian workers – covered by the National Employment Standards and employed by medium or large businesses – gained access to 10 days of paid FDV leave per year on 1 February 2023, under changes made to the FW Act (see related article).
The move was widely applauded by stakeholders, including anti-violence researchers who had found that FDV supports should be "viewed as a preliminary employer responsibility and perceived through a duty-of-care lens, alongside a host of other OHS responsibilities that are routinely accepted without question by employers" (see related article).
The leave benefit was extended to employees of small businesses in August 2023 (see related article).
Late last year, the independent review of the entitlement, conducted by Flinders University's Australian Industrial Transformation Institute, found that "early indications" suggested it "is operating in a way that is consistent with policy intent and is impacting positively on workplace culture".
"The available evidence indicates that [FDV] victim-survivors who have used the entitlement largely found it effective," Flinders' 137-page final report said.
"Stakeholders representing specialist FDV services, for instance, provided examples of the positive impacts of paid FDV leave for their clients, noting that it had effectively enabled victim-survivors to leave violent relationships 'while maintaining some financial security and stability'," it said.
However, Flinders also found that low utilisation and limited awareness of paid FDV leave were consistent themes from the consultations conducted for the review.
Its recommendations included improving and promoting existing resources on the benefit, and considering ways to "normalise FDV leave within the context of broader workplace relations messaging".
The Government's 24-page response outlines strategies for "raising awareness and integrating paid FDV leave as an ordinary workplace practice".
It highlights research conducted by the Behavioural Economics Team of the Australian Government (BETA) that found 13 per cent of surveyed victim-survivors had accessed the leave, and 12 per cent of surveyed businesses had granted it.
"The Fair Work Commission previously anticipated there would be low uptake of a paid FDV leave entitlement, describing it as a 'needs based entitlement' and use of the leave as a 'low incidence, high consequence' event," the response says.
"However, BETA's findings that 45 per cent of the surveyed victim-survivors reported they had taken another form of paid or unpaid leave or cancelled their own shifts to deal with FDV instead of taking paid FDV leave indicates the entitlement is not being utilised to the extent it could be," it says.
"Low uptake can be broadly attributed to two factors: lack of awareness, with 59 per cent of surveyed victim-survivors and 42 per cent of businesses unaware of the entitlement; and employees not wanting to disclose experiences of FDV to employers, for reasons including potential negative impacts to their career, fear of repercussions from their perpetrator, confidentiality or privacy concerns, or wanting to keep FDV separate from work."
Significantly, the BETA research identified a correlation between the use of FDV leave and the degree to which victim-survivors trusted their managers, "with those who had taken paid FDV leave rating their manager as more trustworthy", the response notes.
It says the Government is "committed to addressing areas of ambiguity identified by the review in relation to evidence and confidentiality requirements so the policy intent is achieved".
"Supporting businesses to effectively and safely handle sensitive disclosures of FDV will build trust and confidence between employers and employees, providing a safe environment for those who need the leave to access it," the response says.
"To address this, the Fair Work Ombudsman continues to review its guidance on paid FDV leave to ensure it remains fit for purpose with a particular focus on resources that detail the evidentiary and confidentiality requirements," it says.
In a joint statement, Federal Minister for Women Katy Gallagher, Social Services Minister Amanda Rishworth, and Employment and Workplace Relations Minister Murray Watt, said their Government's response "highlights the important role that workplaces can play in addressing family and domestic violence".
"There is considerable goodwill from employees and employers alike to make sure anyone who needs the leave can access it, and the workplace is equipped to play its part in supporting people experiencing family and domestic violence," the joint statement said.
"The Albanese Government will continue to engage with unions, employer groups, and state and territory governments on strategies to improve awareness and access to the leave," it said.