The aim was to give victims flexibility and support. In an Australian first, the clause made its debut in the University of NSW agreement a few months earlier. Paid family and domestic violence leave (FDV) is now a standard clause in agreements right across the country and is now championed worldwide by the International Labour Organisation.

“FDV is an aspect of workplace entitlement we all wish was not necessary; however, it is there for us, and if we need it, we should absolutely use it,” said PSA CPSU NSW Women’s Industrial Officer Simone Scalmer. “Unfortunately, studies monitoring the entitlement show workers are not utilising paid FDV leave at the level that they could or should use it. And the reasons are disheartening.”

In October 2024 a report on an independent review of the Fair Work entitlement was tabled in parliament. The review, Independent review of the operation of the paid family and domestic violence leave entitlement in the Fair Work Act 2009 was authored by the College of Business, Government and Law at Flinders University in South Australia
The report found that the entitlement is “appropriate and sufficient”, and the scheme is operating as intended. However, poor awareness and evidence requirements are preventing its full utilisation.

Put simply, the entitlement is good, but staff aren’t necessarily aware of it.

In the four months since the review was tabled, more data has become available, which highlights a number of significant and complex barriers need to addressed by employers in order to ensure workers are utilising FDV leave appropriately.

University of Technology Sydney Senior Lecturer Mihajla Gavin told the Association of IR Academics of Australia and New Zealand conference in Wellington in February 2025 that preliminary data collected through interviews with civil society organisations, unions and employers reveals workers reported feeling shame or embarrassment about admitting to be victim-survivors of family violence and they often felt more comfortable accessing other forms of leave that did not invite questions, like sick or annual leave.

They also reported workers only used the entitlement in dire circumstances or if they had no other remaining leave.

Workers stated they feared the employer would deny their leave request, did not know what kind of evidence the employer could request or did not feel confident that they had adequate evidence. In addition, there is currently a lack of training for managers on how to have appropriate conversations with workers about FDV leave.

“The PSA is always available to support members when it comes to FDV leave, and any and all information will be treated confidentially; and sensitive support will always be provided,” said Ms Scalmer.

“FDV leave is part of your award. And you are entitled to utilise it.

“Contact the PSA Member Support Centre on 1800 772 679 or email [email protected] for help.”