From the first full pay period on or after 1 August 2018, modern awards will give employees access to 5 days of unpaid family and domestic violence leave each year.
This does not apply if your employees are covered by Enterprise awards, State reference public sector awards, enterprise and other registered agreements, or are award and agreement free. However, due to the significant stress and pressure for people in these situations, you might have other policies and/or entitlements that could be used to assist your employee.
“Family and domestic violence” has been defined as “violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.” Employees can take the leave if they need to deal with the impact of family and domestic violence and it’s impractical to do so outside their ordinary hours of work.
An employee must give notice of the taking of leave by the employee as soon as practicable (which may be a time after the leave has started); and must advise the employer of the period, or expected period, of the leave. If requested by the employer, the employee must provide evidence that would satisfy a reasonable person that the leave is taken for the purpose specified. Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration.
For more details please click this link to the Fair Work Commission Decision