Domestic violence leave remains a sticking point in a long-running industrial dispute between the union representing public servants and the federal government.
The Community and Public Sector Union wants allocated leave for survivors of domestic violence and their families so they can rebuild their lives by attending counselling and court hearings, and take time out of work to move house.
Only four commonwealth agencies have specific allowances for domestic violence leave.
“Where specific leave exists, the bargaining policy does not require its removal,” the public service commissioner, John Lloyd, said. “It is not necessary for other agencies to create a new leave type given the availability of existing leave.”
Domestic violence leave is covered in many agreements under miscellaneous leave but the CPSU says not having it defined in legislation leaves it to the discretion of employers.
“There are a raft of women-focused and women-friendly rights and conditions being stripped out of agreements,” the union’s national secretary, Nadine Flood, said. “Family violence leave is just another target. It’s extraordinary.”
Employees at the Department of Families, Housing, Community Services and Indigenous Affairs had domestic violence leave but, when employees were wrapped into the Department of Social Services, it was lost, the union said.
A draft agreement presented to the national disability insurance agency also removed explicit references to domestic violence leave, Flood said.
The employment minister, Michaelia Cash, who also holds the women’s portfolio, strongly denied that public service departments were being told to remove domestic violence leave provisions.
“This is simply false,” she said.
“The [public service] commission has issued no such ‘order’ or any other instruction of this kind.
“No public service agency has proposed any new agreement or arrangement that would remove the ability for workers to access leave following an incident of domestic violence.
“Public servants will retain the ability to take leave where this is necessary in relation to an instance of domestic violence. This includes both entitlements under existing enterprise agreements that allow for leave to be taken, plus any entitlements under separate policies that apply to particular departments or agencies.”
Flood said no new entitlements were being considered in this round of bargaining, because new conditions would be considered “enhancements” of existing agreements.
Labor’s spokeswoman on trade, Penny Wong, told Sky News it was “disappointing” that domestic violence leave would not be considered in new agreements.
“People can’t put that on the table as a new condition they want,” she said. “Leave for people who are the victims of family and domestic violence should be a general standard, and we should start with it in the public sector.”
Negotiations with Cash have entirely broken down after a protracted bargaining process lasting more than two years, Flood said.
“We have no one and nowhere to resolve this issue at the moment,” she said.
Queensland public servants were granted domestic violence leave in November and a number of large companies, including Telstra, have also offered it to its employees.
A Senate committee in August recommended that domestic violence leave be offered to all employees.
Commonwealth workers have effectively engaged in a months-long pay freeze as negotiation for a new agreement stalled shortly after the Coalition took office in September 2013.
Unions have rejected the government’s offer of a 6% pay rise over three years in exchange for the reduction of entitlements.
A number of departments, including border force, have engaged in industrial action to expedite the bargaining process.
• Anyone affected by sexual assault or domestic violence can call 1800RESPECT or 1800 737 732, or visit 1800RESPECT.org.au
