Paid family and domestic violence leave (federal NES)
doctrinal
FED
family_domestic_violence_leave_fed
branch: pay_entitlements
10 days paid FDV leave per year under NES; extends to non-national system employees.
Statute
Fair Work Act 2009 (Cth) — Pt 6-3 Div 2A
Synthesis · 70 tagged cases
70 tagged decisions (44 as primary). Of primary decisions, the most common outcome is '(unspecified)' (42, 95%).
Outcome distribution
| Outcome | n | % |
|---|---|---|
| Resolved (unspecified) | 42 | 95% |
| Resolved Award varied | 1 | 2% |
| For applicant granted | 1 | 2% |
By jurisdiction
| Court | n |
|---|---|
| Fair Work Commission (Full Bench) | 33 |
| Fair Work Commission | 29 |
| Single Commissioner (WAIRC) | 5 |
| Federal Magistrates Court (former) | 1 |
| Federal Court of Australia | 1 |
| Fair Work Australia (former) | 1 |
Cross-jurisdictional analogues
| Counterpart | Strength | Note |
|---|---|---|
| family_domestic_violence_leave_wa | 0.6 | Same conceptual entitlement; WA unpaid 5 days vs federal paid 10 days. Principles on 'experiencing FDV' and 'impractical outside ordinary hours' likely cross over. |
Leading cases · by citation count
| Citation | Court | Role | Cited |
|---|---|---|---|
| [2023] WAIRC 262 | WAIRC — Single Commissioner | secondary | 1 |
| [2014] FCA 656 | Federal Court | secondary | 1 |
| [2016] FWCFB 2887 | FWC — Full Bench | mentioned | 10 |
| [2010] FWA 6857 | FWA (former) | mentioned | 6 |
| [2016] FWC 3260 | FWC | mentioned | 1 |
All tagged cases · 70
| Citation | Court | Role | Date | Outcome | Cited |
|---|---|---|---|---|---|
| [2026] WAIRC 446 | WAIRC — Single Commissioner | primary | 2026-06-30 | Resolved | 0 |
| [2023] FWCFB 24 | FWC — Full Bench | primary | 2023-03-14 | 0 | |
| [2023] FWCFB 39 | FWC — Full Bench | primary | 2023-03-10 | 0 | |
| [2023] FWCFB 17 | FWC — Full Bench | primary | 2023-02-05 | 0 | |
| [2023] FWCFB 27 | FWC — Full Bench | primary | 2023-02-02 | 0 | |
| [2023] FWCFB 23 | FWC — Full Bench | primary | 2023-01-01 | 0 | |
| [2023] FWCFB 25 | FWC — Full Bench | primary | 2023-01-01 | 0 | |
| [2022] FWCFB 152 | FWC — Full Bench | primary | 2022-08-11 | 0 | |
| [2022] FWCFB 114 | FWC — Full Bench | primary | 2022-06-30 | 0 | |
| [2022] FWCFB 104 | FWC — Full Bench | primary | 2022-06-16 | 0 | |
| [2022] FWCFB 57 | FWC — Full Bench | primary | 2022-04-11 | 0 | |
| [2022] FWCFB 50 | FWC — Full Bench | primary | 2022-04-05 | 0 | |
| [2022] FWCFB 26 | FWC — Full Bench | primary | 2022-03-09 | 0 | |
| [2022] FWCFB 24 | FWC — Full Bench | primary | 2022-03-08 | 0 | |
| [2022] FWCFB 2001 | FWC — Full Bench | primary | 2022-01-01 | 0 | |
| [2021] FWCFB 6034 | FWC — Full Bench | primary | 2021-10-25 | 0 | |
| [2021] FWCFB 6012 | FWC — Full Bench | primary | 2021-10-19 | 0 | |
| [2021] FWCFB 4818 | FWC — Full Bench | primary | 2021-08-06 | 0 | |
| [2021] FWCFB 4465 | FWC — Full Bench | primary | 2021-07-26 | 0 | |
| [2021] FWCFB 4030 | FWC — Full Bench | primary | 2021-07-12 | 0 | |
| [2021] FWCFB 2477 | FWC — Full Bench | primary | 2021-05-05 | 0 | |
| [2021] FWCFB 2047 | FWC — Full Bench | primary | 2021-04-15 | 0 | |
| [2019] FWCFB 6935 | FWC — Full Bench | primary | 2019-10-14 | 0 | |
| [2019] FWCFB 6899 | FWC — Full Bench | primary | 2019-10-08 | 0 | |
| [2018] FWCFB 1691 | FWC — Full Bench | primary | 2019-07-25 | 0 | |
| [2019] FWC 3262 | FWC | primary | 2019-01-01 | 0 | |
| [2018] FWCFB 3936 | FWC — Full Bench | primary | 2018-07-06 | 0 | |
| [2018] FWCFB 2440 | FWC — Full Bench | primary | 2018-01-01 | 0 | |
| [2017] FWCFB 5426 | FWC — Full Bench | primary | 2017-10-19 | 0 | |
| [2017] FWCFB 4047 | FWC — Full Bench | primary | 2017-08-03 | 0 | |
| [2017] FWC 1733 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 2347 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 2752 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 3389 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 3480 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 3696 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 5192 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 5417 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 5445 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWCFB 1133 | FWC — Full Bench | primary | 2017-01-01 | 0 | |
| [2017] FWCFB 3494 | FWC — Full Bench | primary | 2017-01-01 | 0 | |
| [2017] FWCFB 3865 | FWC — Full Bench | primary | 2017-01-01 | 0 | |
| [2017] FWCFB 4729 | FWC — Full Bench | primary | 2017-01-01 | 0 | |
| [2012] FMCA 9 | FMCA (former) | primary | 2012-01-01 | For applicant | 0 |
| [2023] WAIRC 262 | WAIRC — Single Commissioner | secondary | 2023-05-08 | For applicant | 1 |
| [2014] FCA 656 | Federal Court | secondary | 2014-01-01 | Resolved | 1 |
| [2026] FWC 120 | FWC | secondary | 2026-01-01 | Against applicant | 0 |
| [2026] FWC 416 | FWC | secondary | 2026-01-01 | For applicant | 0 |
| 2025 WAIRC 00743 | WAIRC — Single Commissioner | secondary | 2025-09-02 | For applicant | 0 |
| [2025] FWC 233 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 752 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 993 | FWC | secondary | 2025-01-01 | Resolved | 0 |
| [2025] FWC 1125 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1285 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1907 | FWC | secondary | 2025-01-01 | For applicant | 0 |
| [2025] FWC 2590 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2024] WAIRC 829 | WAIRC — Single Commissioner | secondary | 2024-09-20 | Resolved | 0 |
| [2024] WAIRC 301 | WAIRC — Single Commissioner | secondary | 2024-06-13 | For applicant | 0 |
| [2016] FWC 1664 | FWC | secondary | 2016-01-01 | Resolved | 0 |
| [2016] FWC 2448 | FWC | secondary | 2016-01-01 | Against applicant | 0 |
| [2016] FWCFB 2887 | FWC — Full Bench | mentioned | 2016-05-31 | Against applicant | 10 |
| [2010] FWA 6857 | FWA (former) | mentioned | 2010-10-22 | For applicant | 6 |
| [2016] FWC 3260 | FWC | mentioned | 2016-01-01 | Resolved | 1 |
| [2026] FWC 530 | FWC | mentioned | 2026-01-01 | Against applicant | 0 |
| [2026] FWC 1056 | FWC | mentioned | 2026-01-01 | Against applicant | 0 |
| [2025] FWC 287 | FWC | mentioned | 2025-01-01 | For applicant | 0 |
| [2025] FWC 1866 | FWC | mentioned | 2025-01-01 | For applicant | 0 |
| [2025] FWC 2765 | FWC | mentioned | 2025-01-01 | For applicant | 0 |
| [2025] FWC 3384 | FWC | mentioned | 2025-01-01 | Against applicant | 0 |
| [2015] FWC 135 | FWC | mentioned | 2015-01-01 | Resolved | 0 |