An equality bargaining breakthrough: Paid domestic violence leave

Abstract

In 2010, the first clauses providing paid leave and other entitlements to victims of domestic violence were included in union negotiated enterprise agreements registered with the Australian Fair Work Commission. By mid-2013, over one hundred enterprise agreements in Australia included such a clause. Applying a model of ‘equality bargaining’, this article presents a case study of the development and negotiation of one of the first domestic violence clauses providing paid leave in the world. The analysis finds key facilitators of equality bargaining in this case were the contributions from external forces, the availability of a ‘model clause’ and the commitment of The Union’s representatives. Of lesser significance, but still apparent, was the bargaining relationship and the reputation of the parties. Contrary to the findings in other research, neither the decentralised bargaining framework nor the absence of a supportive legislative framework was an impediment to successful bargaining of the domestic violence clause in this case.