This change – Fair Work Amendment (Paid Family and Domestic Violence Leave) Regulations 2023 – follows the Fair Work Commission’s (FWC) move on 1 February 2023 to enact paid FDV leave for all employees of businesses with 15 or more staff (which this new entitlement will also apply to from 1 August 2023).

The changes referring to payslip requirements state that employers can not record paid FDV leave on a payslip as a type of leave such as “miscellaneous” or “other leave”, to avoid the prohibition on recording it as a paid FDV leave. This comes after concerns were raised that recording FDV leave on payslips may pose a risk to the person taking leave if the perpetrator gained access to their payslip and sees that such leave has been taken.

Instead, paid FDV leave must be reported on a payslip as, for example, ordinary time worked, overtime or allowances and must not be “miscellaneous” or “other leave”. The only exception to this prohibition is where an employee has requested paid FDV leave to be recorded as a period of leave (other than paid FDV leave).

The amendment includes a note that a payslip is not false or misleading merely because it complies with the requirements for reporting paid FDV leave under the Fair Work Regulations.

The explanatory statement clarifies that this is intended to prevent perpetrators, who may have access to a victim-survivor's payslips, from drawing inferences about taking paid FDV leave and to avoid associated risks for victim-survivors.

Employers have a four-month grace period, commencing from 4 February 2023, to update their payroll systems for these further changes. During this grace period, employers will not be penalised if they report a period of paid FDV leave on a payslip as a period of leave (other than paid FDV leave).

Need more information?

Contact our Employment Relations Advice Centre on (08) 9365 7660 or email advice@cciwa.com.