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Warning: this article discusses family and domestic violence
The Fair Work Commission’s landmark decision from 2022 continues to have a profound impact in 2025, giving over 2.8 million working Australians the right to seek 10 days of paid domestic violence leave each year.
So, what does this mean for businesses and for Australians generally?
This historic decision aims to provide greater flexibility and support for domestic violence survivors in the workplace, while ensuring better resources are available both at work and at home. Employers now need to take additional steps to comply with this precedent – a move that aligns with our ongoing commitment to fair work practices and employee wellbeing. For further insights on workplace legal obligations, you might also explore our guide on regulatory compliance.
But first, let’s discuss safety in the workplace and how these responsibilities are framed under Australian law.
Keeping A Safe Workplace: Employers’ Current Obligations
In Australia, employers must maintain a safe and healthy environment for their employees – an obligation that extends beyond physical hazards to include mental and emotional wellbeing. This duty has been a key element of legal practice long before the recent Fair Work ruling.
Employer obligations cover everyday workplace needs – even for something as basic as access to toilets. For example, in legal proceedings involving the Retail and Fast Food Workers Union, workers were awarded compensation for not being provided with reasonable access to facilities. This case underscored the critical responsibility of employers to provide both safety and essential resources.
The Fair Work Act 2009 remains the cornerstone of employee rights across Australia. Introduced after the establishment of the Fair Work Commission and replacing the former Workplace Relations Act 1996, it outlines duties for employers including adherence to the National Employment Standards, ensuring fair wages, protection against discrimination, and freedom from harassment and bullying. To explore more on maintaining compliance in your business, see our compliance resources.
Alongside fair work practices, employers must comply with Work Health and Safety (WHS) obligations as regulated by Safe Work Australia. These regulations extend to ensuring not just physical safety but also the mental wellbeing of the workforce.
What Is Work Health And Safety?
Simply put, WHS requires employers to keep work environments free of hazards that could harm health. In 2025, this obligation goes further than addressing physical risks alone – it also includes safeguarding employees’ mental health. Even though many organisations now operate with hybrid or flexible work models, the imperative to ensure comprehensive wellbeing remains unchanged.
Since the peak of the pandemic, as employees transition to hybrid settings, challenges such as isolation and blurred work–life boundaries persist. Employers must be proactive in mitigating these risks, such as by facilitating regular check-ins and providing access to mental health resources. Our guide on working from home legal issues provides additional practical tips for navigating these concerns.
Moreover, preventing and addressing domestic violence – particularly in scenarios where home is also the workplace – has become an integral part of maintaining a safe environment.
What Do Employers Need To Do For A Safe Workplace?
Employers are required to actively safeguard their employees’ wellbeing by implementing proactive safety measures. These may include policies to reduce exposure to infectious diseases, rigorous cleaning practices, and promoting remote work where necessary.
Domestic and family violence policies are also essential. The Fair Work Commission’s ruling highlighted that nearly 1 in 4 women and 1 in 13 men have experienced intimate partner violence from their teenage years onward – a statistic that emphasises both the social and economic costs, now estimated to exceed $2 billion annually. This data reinforces the necessity for employers to provide fair access to paid domestic violence leave.
Besides the duty of care, employers must ensure that any information regarding an employee’s domestic violence situation is kept strictly confidential. This confidentiality is critical to protect the individual’s safety. For more on why confidentiality matters, check out our guide on maintaining confidentiality in the workplace.
What Are Current Domestic Violence Leave Entitlements?
Under the current National Employment Standards, employees facing domestic violence have several entitlements, including:
- Family and domestic violence leave
- Personal/carer’s leave
- Flexible working arrangements upon request
Previously, employees were entitled to 5 days of unpaid domestic and family violence leave. The Fair Work Commission’s decision has now extended this to 10 days of paid leave, ensuring that employees who are in critical need are not compelled to forgo their financial stability during periods of crisis. Do note that these entitlements might differ depending on an employee’s specific award or enterprise agreement.
What Did Fair Work Decide On Domestic Violence Leave?
On 16 May 2022, the Fair Work Commission made a landmark ruling that integrated 10 days of paid domestic violence leave into the National Employment Standards for both full-time and part-time employees. By 2025, this directive is well established, ensuring that employees across a broad spectrum of industries benefit from this crucial support.
This decision not only reinforces employers’ compliance with the Fair Work Act but also prompts organisations to actively adapt their internal policies to minimise the risk of domestic violence impacts. For further context on evolving employment entitlements, our Modern Award Analysis offers up-to-date insights.
When Do These Laws Take Effect?
For organisations employing more than 15 people, the paid domestic violence leave provisions have been in force since 1 February 2023. Smaller businesses began benefiting from these changes on 1 August 2023. In 2025, these measures are now an entrenched aspect of the National Employment Standards – replacing the erstwhile reliance on unpaid leave and providing enhanced financial support for those in need.
Fair Work has emphasised that this leave is pivotal in helping individuals maintain economic stability, access essential services, and ultimately work towards a life free from violence.
What Can I Do As An Employer?
Beyond fulfilling your WHS obligations, it is crucial to proactively monitor and support your employees’ wellbeing – whether they work from the office or remotely. Establishing clear internal policies for managing employee safety, including scheduled check-ins and accessible support services, is essential. For example, adopting a robust Staff Handbook Package can help formalise and communicate these policies effectively.
In 2025, employers are also urged to integrate digital risk management measures into their overall safety strategies. This involves reviewing employment contracts, updating privacy protocols, utilising e-signatures for internal agreements, and incorporating streamlined channels for reporting concerns. By ensuring that your policies are both current and comprehensive, you can create a safer, more supportive workplace. For additional guidance on adapting to these changes, explore our online business privacy guide and our insights on website terms and conditions.
Given that many employees continue to operate in hybrid work environments, it may also be beneficial to offer additional flexibility. Consider establishing regular virtual check-ins, digital resource hubs, and clear communication channels to ensure that your team feels supported regardless of location. After all, a proactive approach to employee wellbeing not only mitigates risks but can also enhance overall productivity and morale.
Key Takeaways
As an employer, safeguarding your employees’ physical and mental wellbeing is not just a legal obligation – it’s a fundamental element of a thriving workplace culture. Here are the key points to remember:
- The Fair Work Commission’s 2022 decision now provides over 2.8 million Australians with 10 days of paid domestic violence leave annually.
- This leave is firmly integrated into the National Employment Standards and has been in force since early 2023.
- Employers must maintain safe and healthy work environments under WHS obligations, including both physical and mental health aspects.
- Internal policies should ensure confidentiality and provide flexible support options – especially as remote and hybrid working environments become more common.
- Regular reviews and updates to your employment contracts and company policies are essential to remain compliant in the changing legal landscape.
Implementing these measures and staying informed about evolving legal requirements will help create a safe and supportive environment for your staff. If you need tailored legal assistance or further advice on updating your workplace policies, feel free to contact our team at Sprintlaw for a free consultation.
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