s106A-106BA: ss 106A to 106BA Provide 10 days' paid family and domestic violence leave, at the full rate, to all employees
Every employee, including part-time and casual employees, is entitled to 10 days of paid family and domestic violence leave in each 12-month period, available in full at the start of each period, not accumulating, and taken as a single period, separate days or agreed shorter periods, when the employee is experiencing family and domestic violence (violent, threatening or abusive behaviour by a close relative, household member or current or former intimate partner that seeks to coerce or control and causes harm or fear) and needs to do something to deal with it that is impractical outside work hours. The employer pays non-casuals the full rate as if they had worked, and casuals the full rate for hours they were rostered (including accepted shifts).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s106A-106BA. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Payroll configuration paying FDV leave at the full rate including casual rostered hours; Policy and manager guidance on FDV leave eligibility and evidence; Confidential leave records kept separately from general leave records
What usually goes missing
Casuals paid only base rate or not paid for rostered shifts; Leave pro-rated for part-time employees; Leave treated as accruing
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.