Uncapped domestic violence leave for APS

In last year’s APS-wide bargaining process, a common term providing for family and domestic violence support for APS employees was negotiated and included in all Australian Public Service (APS) enterprise agreements.

All APS enterprise agreements provide support to APS employees which goes beyond the legislated minimum standards in the National Employment Standards (NES) in the Fair Work Act 2009. The minimum standards provide for 10 days of paid family and domestic violence leave each year.

Under the common clause, APS agencies will provide support for employees affected by family and domestic violence, depending on the employee’s circumstances, and a holistic approach that takes into account the personal circumstances of the employee should be adopted. It recognises that family and domestic violence is a workplace issue and employers can play a critical role in supporting family and domestic violence victim-survivors by adopting a holistic, sensitive, and trauma-informed approach to their support.

Family and domestic violence support includes paid miscellaneous leave, which is available to employees experiencing family and domestic violence in a range of circumstances and is not subject to a cap. This entitlement exists in addition to all other forms of leave an employee may be entitled to under their enterprise agreement and the NES. The common clause also includes access to a range of other supports as needed, including access to flexible work and additional access to Employee Assistance Programs.

The Fair Work Act 2009 defines family and domestic violence as ‘violent, threatening or other abusive behaviour by a close relative of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful’. Anyone can be affected by family and domestic violence, but care should be taken to understand how family and domestic violence can affect people from different backgrounds including CALD, Indigenous, and LGBTIQ+ communities, or people living with a disability.

A copy of the Statement of Common Conditions which includes the Family and Domestic Violence Support common condition in its entirety can be found here .

There are a large number of resources available to agencies and employees to assist them with supporting employees affected by family and domestic violence, including:

Australian Public Services Commission:

1800RESPECT: