Ambit Claims !

When the unions sit down with the Fair Work Commission to negotiate awards it is usual for them to bring forward what is called an " ambit claim " that contains fanciful conditions that have no hope of approval.   That is the basis for that old age form of haggling that is the cornerstone of most Asian markets.    The seller demands a high price and the buyer makes a low offer - and the sale takes place  somewhere between the two.

It seems that the unions seriously put forward a proposal that " domestic violence leave " become a key component of all modern industrial awards.   They wanted ten days paid leave written into awards to compensate employees who experienced domestic violence and this has now been rejected for the second time by the industrial umpire.

Employers would be justified in claiming that time off for domestic violence injuries is already covered by the " sick leave " in awards.  Employees are entitled to a number of paid days off - depending on the individual award - for illness and recovering from domestic violence would fall under that category.

Employers would certainly be apprehensive about any new proposal becoming part of an " award ". In many industries employees are meticulous in ensuring that their full quota of sick days are taken each year and in some cases they are taken according to a union inspired roster to ensure others are called in to cover with penalty rates applying.   Sick days are simply a cover for extra leisure time.

Women are usually the victims of domestic violence and there is the danger that if this proposal becomes part of awards it will be a positive disincentive for jobs to be filled by women.  It seems grossly unfair that the personal selection of partners that all people freely make should have a bearing on the costs that accrue to employers for bad choices.

Many employers with a small staff are very compassionate when valued staff are having relationship  difficulties, but it is a different matter when that is written into an award.  That introduces the difference between physical and emotional injuries and the difficulty of establishing both extent and duration.

Domestic violence leave is part of the Labor parties manifesto, but that claim relates to just five days annually.    It is quite possible that a future Federal Labor government may pursue this issue, but at the moment the Fair  Work Commission is having none of it.   Like all claims, the umpire must be conscious of " border creep " when considering awards.   Many years ago accidents were covered only on the factory floor but employer responsibility extended and now they cover from that employee walking out the door of his dwelling to the moment to returns from shift through that same door.

We need to avoid extremes that could make humans unemployable !