The Coalition is remaining non-committal about legislating 10 days' paid family and domestic violence leave for all workers, after the industrial umpire backed a union push to grant the entitlement to millions of Australians.
Minister for Industrial Relations and Attorney-General Michaelia Cash — who previously argued the entitlement could create a "perverse disincentive" for employers to hire women — said she welcomed the Fair Work Commission's interim decision.
"We will consult with relevant stakeholders, especially family and domestic violence advocacy groups and small business employers on its implications," Senator Cash said.
"The Morrison government is pleased that an increasing number of employers already provide leave to their employees for these circumstances, whether through enterprise agreements or workplace policies."
In its provisional ruling that was released on Monday, the full bench of commissioners agreed with the overarching case put forward by the Australian Council of Trade Unions, stating paid leave was a "critical mechanism" for employees facing violence to maintain employment and financial security.
"Family and domestic violence (FDV) is a ubiquitous and persistent social problem. While men can, and do, experience FDV, such violence disproportionately affects women," the full bench said.
"We accept that the introduction of paid FDV leave is not a panacea for the devastating effects of family and domestic violence.
"More needs to be done to prevent family and domestic violence and more needs to be done to address the consequences of such violence."
The proposal for paid leave would apply to around 2.6 million full- and part-time employees on modern awards and would be paid at the base rate of pay.
While the commissioners found women who experienced family and domestic violence were more likely to be employed in casual work, they rejected the ACTU's argument to extend paid leave to casuals.
The commissioners did not say whether the government should give the paid leave entitlement to another 8.5 million workers covered by the National Employment Standards, stating that was a matter for the parliament.
A key point of difference between parties
Labor has pledged to make the change if elected, marking a key point of difference between the two major parties.
The ACTU has called on the Morrison government to match Labor's commitment.
"We call on Scott Morrison to follow the historic lead of the Fair Work Commission, reverse his previous opposition and to confirm that he will do his part to ensure that every Australian worker has access to this life-saving entitlement," ACTU president Michele O'Neil said.
"Already this year, 18 women have been killed by their current or previous partner. Access to paid family and domestic violence leave saves lives. No worker should ever have to choose between their income and their safety."
Currently, victims of family and domestic violence can access five days' unpaid leave, and anti-domestic violence advocates have long called for the reform to support women escaping violent relationships to access support services.
Some industry groups made submissions opposing the change, including the Master Grocers Association, which claimed the entitlement may deter employers from hiring women, an argument similar to that once raised by Senator Cash in 2016.
The commissioners rejected the argument as "mere speculation" and noted that refusing to employ female workers because they may exercise their entitlement to paid leave would be in breach the Fair Work Act.
While the government has long resisted calls to implement paid leave as a universal entitlement for those experiencing family and domestic violence, many businesses already offer it to their staff.
Evidence presented to the commission showed the number of employers offering paid leave had increased from 12 per cent in 2015-16 to 50 per cent in 2020-21.
According to the commission, the cost on employers would "unlikely to be substantial", and the change would have no significant adverse impact on employment growth, inflation and the national economy.
Interested parties now have time to make submissions and the government has been asked to clarity whether it intends to amend the National Employment Standards.
If re-elected, the Coalition will make a submission to the Fair Work Commission based on its consultations with the sector.
