Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for the Arts) Share this | Hansard source

I rise to express my party's support for the Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Bill 2020 before the House right now. This legislation amending the Minimum Employment Standards within the Fair Work Act to provide equal, unpaid parental leave entitlements to parents who experience stillbirth is long overdue and will make a significant difference.

It's difficult and it's painful to imagine the grief of parents who have this terrible experience. Sadly, it's all too often a tragedy suffered in silence, and that's why I stand in admiration of all those who've campaigned tirelessly on this issue. The legislation before us is the result of many years of hard-fought advocacy led by the Stillbirth Foundation and other organisations alongside parents who have suffered stillbirth as well as many MPs across the political spectrum who have championed this issue. The Select Committee on Stillbirth Research and Education, chaired by Senator Malarndirri McCarthy, was the first national inquiry to report on the impact of stillbirth on Australian families and the economy.

Six babies a day are stillborn in Australia, a number significantly higher than other comparable countries like New Zealand or the United Kingdom. Further, while the rate of stillbirth in other countries has dropped over the last 20 years, in Australia it's essentially remained the same. There were 2,173 stillbirths in 2017; that means every year over 2,000 families experience the trauma of stillbirth. For women from Aboriginal and Torres Strait Islander backgrounds, the rate is double that of other Australian women. I will say that again—we are in NAIDOC week, so let's not lose this point: for women from Aboriginal and Torres Strait Islander backgrounds, the rate is double that of other Australian women. Women from non-English speaking backgrounds also experience higher rates of stillbirth, and we know that perinatal mortality rates follow disadvantage.

While there's still much that is unknown about stillbirth, with a paucity of data and research as to why stillbirth occurs, we do know the impact on the parents and on the families who suffer this tragedy, mostly in silence. Support, as always, is essential to assist parents and families working their way through their grief in the way that will work best for them. For many parents, going back to work after experiencing stillbirth is extremely difficult. Having to go back before they are ready can be really detrimental to their personal health, to their wellbeing and to their productivity when they are at work. It may ultimately then cost them their job, an outcome that helps no-one. Employees who return to work too early after a stillbirth will be prone to absenteeism and presenteeism. One study found the mother of a stillborn baby who returns to work too early will only be performing at 26 per cent of her normal rate of productivity in 30 days, so the early return before someone's ready is in no-one's interest.

The Select Committee on Stillbirth Research and Education investigated the current legislative provisions relating to parental leave. Evidence was received from parents, who provided compelling testimony about their experiences of having been recalled to work before they were ready. Although the current minimum standard is a guaranteed six weeks of unpaid parental leave in the event of stillbirth, if a stillbirth occurs before unpaid parental leave has commenced, an employer can request the employee to return to work at any time. One witness gave evidence that her employer forced her to return to work just 11 days after she experienced a stillbirth.

The changes enabled by this legislation will give effect to part of the first recommendation of the Senate select committee, which suggested the Australian government reviews and amends the Fair Work Act and its provisions relating to stillbirth in the National Employment Standards. This is addressed in schedule 1 of the bill, which will have the effect of equalising unpaid parental leave entitlements for families of stillborn babies. The bill before us also introduces other welcome flexibility measures to the minimum standards for unpaid parental leave that are contained within the Fair Work Act and the National Employment Standards. The bill provides that, where a baby remains in hospital or is hospitalised immediately following birth, the employer and the employee can agree to the employee returning to work while the baby is still in hospital and recommencing their unpaid parental leave when the baby is discharged. That's a sensible amendment that will allow parents who want to use it a way to maximise their time with their baby when the child is able to be brought home from hospital.

Sadly, there are many circumstances where this situation may arise, but it's particularly relevant to babies who are born premature and who spend several months in hospital following birth. Currently, parents in this situation would have to use up their unpaid parental leave entitlements and, therefore, have less time to spend with the child at home. The bill also allows employees who are eligible to take unpaid parental leave to take up to 30 days of their 12-month entitlement to unpaid parental leave in a flexible way. This means employees will be able to take flexible unpaid parental leave, including on a single day at a time basis within 24 months of the birth or adoption of a child. These amendments to the Fair Work Act align it with recent changes to the Paid Parental Leave Act made by the Paid Parental Leave Amendment (Flexibility Measures) Act 2020. This amendment will allow parents to transition back to work in a way that suits their individual needs and is a positive change.

In summary, the bill will make a significant difference to Australian families, particularly those parents and families who experience stillbirth—six families a day. However—and as my second reading amendment, which I will move in a moment, indicates—while this bill makes a difference in respect to unpaid parental leave, it only partly addresses the bipartisan recommendation to the Senate select committee on stillbirth. The committee recommended that laws be changed to ensure that paid parental leave is provided to parents of stillborn babies, regardless of whether they work in the public or private sector. So, while the government's changes on unpaid parental leave are welcome and positive, there is still unfinished business for parents of stillborn babies in relation to guaranteed equal access to parental leave.

I want to congratulate all the senators who were part of the Senate select committee. We wouldn't be here today were it not for their work, and I've had many conversations over the years on this issue with Senators McCarthy, Keneally and Bilyk. I thank all those organisations who have worked tirelessly to get to where we are today. There's more work to do to ensure we can prevent stillbirth and save thousands of families every year the grief of those who have experienced stillbirth.

Finally, I want to pay tribute to all those parents who have shared their sad and very personal stories of stillbirth, including parliamentarians in this place. For many people, for very understandable reasons, it's easier to keep these stories private but, in sharing their stories, they have got us to a point where they will now be helping many, many other families because of the changes that the parliament's dealing with today. Their decision to speak out on this all-too-silent problem has got us to where we are today, and I want to thank them and acknowledge them. I move the second reading amendment which has been circulated in my name:

That all words after "That" be omitted with a view to substituting the following words:

"whilst not declining to give the bills a second reading, the House:

(1) notes that the Government has only partially responded to the first recommendation of the bipartisan Senate Select Committee on Stillbirth Research and Education, and has not responded to the substantial issue of equal access to paid parental leave for all parents;

(2) further notes that until parents of stillborn babies are guaranteed access to paid parental leave, many will be forced to return to work in exceptionally short time frames, in some cases just days after giving birth to a stillborn baby; and

(3) calls on the Government to fully implement the first recommendation of the bipartisan Senate Committee and ensure equal access to paid parental leave for all parents".

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