House debates

Thursday, 17 June 2010

Paid Parental Leave Bill 2010

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

Schedule A

(1)    Clause 6, page 9 (after line 15), after the definition of birth verification form, insert:

born prematurely: a child is born prematurely if, at the time of the child’s delivery, the child’s period of gestation is less than 37 weeks.

(2)    Clause 31, page 40 (line 8), after “(see Division 3)”, insert “or subsection (4A) applies to the person”.

(3)    Clause 31, page 40 (line 32), after “(see Division 3)”, insert “or subsection (4A) applies to the person”.

(4)    Clause 31, page 41 (after line 6), after subclause (4), insert:

     (4A)    This subsection applies to a person if:

             (a)    the person does not satisfy the work test in relation to a child; and

             (b)    the person is the birth mother of the child; and

             (c)    the Secretary is satisfied that either or both of the following subparagraphs apply:

                   (i)    the child was born prematurely;

                  (ii)    while the person was pregnant with the child, the person had complications or illness related to the pregnancy which prevented the person from performing paid work; and

             (d)    the Secretary is satisfied that the person would have satisfied the work test if either or both of the subparagraphs in paragraph (c) had not applied.

1:32 pm

Photo of Jenny MacklinJenny Macklin (Jagajaga, Australian Labor Party, Minister for Families, Housing, Community Services and Indigenous Affairs) Share this | | Hansard source

I move:

That the amendments be made.

The Senate has requested that the House make amendments to the Paid Parental Leave Bill 2010 to modify the work test for women who experience a premature birth and/or are unable to meet the work test due to complications or illness related to their pregnancy. This request was initiated by the government in the Senate in response to concerns raised in the Senate committee inquiry about whether women who have premature births or pregnancy complications that prevent them from working will meet the work test. The government acknowledges submissions made by the National Foundation for Australian Women, the ACTU and the Shop, Distributive and Allied Employees Association on this issue. The Senate committee, in its report, recommended:

… that the government examine the eligibility requirements … to ensure that … women who experience unexpected difficulties during pregnancy which may affect their ability to meet the eligibility requirements of the bill are able to access paid parental leave.

The government is therefore moving amendments to the Paid Parental Leave Bill to modify the work test for women who experience a premature birth and/or are unable to meet the work test due to complications or illness relating to their pregnancy. These amendments will allow a birth mother to be eligible for parental leave pay where the department secretary is satisfied that she would have met the work test but for the premature birth of her child or pregnancy related complications or illness. The changes will ensure that women in these circumstances are not precluded from the Paid Parental Leave scheme because of unexpected developments in their pregnancy which prevent them from doing the amount of paid work they otherwise would have undertaken. The cost of the amendments is likely to be negligible.

Many women experiencing pregnancy related illness or complications will have access to paid leave which already counts as qualifying work for the paid parental leave work test. The new provisions will ensure that the small number of women who may not have met the paid parental leave work test for these reasons will be able to access parental leave pay. It would not be appropriate for women who clearly have a genuine labour market attachment to be made ineligible in these sorts of situations.

1:34 pm

Photo of Bruce BillsonBruce Billson (Dunkley, Liberal Party, Shadow Minister for Small Business, Deregulation, Competition Policy and Sustainable Cities) Share this | | Hansard source

I congratulate the minister on bringing these amendments forward. They have the complete and wholehearted support of the coalition. So as not to delay the passage of the bill through the parliamentary process, I will briefly highlight an amendment of particular interest to the small business community—the government’s agreement to the opposition’s request to have the department secretary continue to be the pay clerk, effectively, for this arrangement, indefinitely.

Photo of Jenny MacklinJenny Macklin (Jagajaga, Australian Labor Party, Minister for Families, Housing, Community Services and Indigenous Affairs) Share this | | Hansard source

Ms Macklin interjecting

Photo of Bruce BillsonBruce Billson (Dunkley, Liberal Party, Shadow Minister for Small Business, Deregulation, Competition Policy and Sustainable Cities) Share this | | Hansard source

That is an issue that we are pleased we have got agreement on in that respect and we are encouraged by that. It is a great comfort to many in the small business community, and I thank the minister for her interest in and willingness to deal with that.

1:35 pm

Photo of Sharman StoneSharman Stone (Murray, Liberal Party, Shadow Minister for Early Childhood Education and Childcare) Share this | | Hansard source

In relation to these amendments I will just say that we support the inclusion of women who may have those pregnancy difficulties and who do have an attachment to the workplace. We think they are very sensible amendments, and certainly they would be reflected in the paid parental leave plan that the coalition will introduce when we are in government. This is very important, and we commend these amendments to the House.

1:36 pm

Photo of Bruce BillsonBruce Billson (Dunkley, Liberal Party, Shadow Minister for Small Business, Deregulation, Competition Policy and Sustainable Cities) Share this | | Hansard source

The minister has just corrected me, and I thank her for that. Just to put the record straight, it is the Senate that has so far agreed with the proposition we have put forward, and I would encourage the government in this place to consider embracing that very thoughtful proposition—that, if we are going to set up those systems for six months for the Family Assistance Office, it makes a lot of sense to keep utilising that investment rather than transfer the cost and compliance burden to smaller employers. Thank you.

Question agreed to.