Amanda Rishworth (Kingston, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The loss of a child is a tragedy. Parents shouldn't have to deal with the uncertainty about their employer-funded paid parental leave entitlements on top of that grief.

This bill will ensure that there is greater clarity regarding employer-funded paid parental leave for parents dealing with the tragedy of a stillborn or death of a child. By providing this certainty, we hope to take some of the stress away from parents during an inconceivably difficult time.

This bill is named after Baby Priya—who died when she was just six weeks old.

And I wanted to acknowledge Baby Priya's mum and dad and grandparents in the gallery today. We thank you for your bravery, your advocacy and your passion to make sure that this happens to no other parent—of what you went through.

Parents should have the certainty and time to grieve after the loss of a child. Their pain should not be compounded by uncertainty about whether or not they have to go back to work while they're recovering not only from the immense grief and trauma, but from childbirth itself, and the physical toll it takes on the body. They deserve the clarity about the impacts of such a tragic event on their financial position, providing one source of certainty as they cope with the loss of the future they had imagined with their child.

Baby Priya's parents did not have that clarity or certainty and no parent should ever have to go through what they did.

We know these are incredibly difficult circumstances for workers and managers to navigate. Being able to work through such circumstances in a dignified and humane way depends on there being shared expectations by employers and employees about how these tragic situations are managed.

As a government, we share this belief, and that is why we've acted to provide certainty in these circumstances.

The bill introduces a new principle into the Fair Work Act. Unless employers and employees have expressly agreed otherwise, employer funded paid parental leave must not be cancelled because a child is stillborn or dies.

Parents should be able to rely on their employer funded paid parental leave entitlements operating in a way that they would have expected on the basis of their terms of employment, regardless of the outcome of the pregnancy or birth. This bill ensures that.

The clarity this bill provides aligns with the clarity provided in existing unpaid parental leave entitlements, ensuring consistency across the workplace relations framework.

It will not interfere when employers and employees bargain and agree conditions in good faith. The ability to bargain for pay and conditions above the safety net is central to our approach to workplace relations. It leads to mutually beneficial conditions for employers and employees and builds a constructive dialogue.

As such, this bill will not interfere where it is clear that employers and employees have agreed what should occur if a child is stillborn or dies. For example, I'm aware that many employers offer express stillbirth leave entitlements, and this reform will not interfere with those entitlements. Instead, it encourages employers and employees to continue negotiating clear, compassionate policies that address these situations.

As a government, we recognise the benefits of paid parental leave. It encourages parents to retain a connection to the workforce. It also offers a wealth of benefits for employers—including better staff retention and the ability to attract a talented workforce. In recognition of these benefits, we have acted to strengthen the government's funded paid parental leave so parents now receive 24 weeks of government paid parental leave including superannuation contributions.

This bill does not introduce any requirement to provide employer funded paid parental leave if it's not already provided.

I would like to thank those employer representatives who have reached out to me to support this important reform.

The loss of a child is devastating. It has profound and long-lasting impacts on parents, families and communities.

Australia is one of the safest places in the world for a baby to be born. But, tragically, stillbirths and child loss do happen.

On an average day in Australia, more than six babies are stillborn and more than two die within the first year of their birth. In 2022, this resulted in over 3,000 families losing a child.

This bill addresses a gap that some parents of these babies have fallen through. It gives employees and employers alike certainty in these tragic and emotional circumstances. It ensures managers do not have to make discretionary calls on whether a leave provision applies in difficult circumstances. It makes it easier to handle difficult situations in the most sensitive of times.

This reform is vital. It protects employer funded paid parental leave entitlements at one of the most difficult times a parent can face.

In conclusion, I did want to again commend Priya's mum and dad for their advocacy and their hope to prevent parents in similar situations ever having to experience what they did in the future. They are making a difference to people's lives, and I would like to sincerely thank them and, of course, acknowledge Baby Priya as well. She made a profound impact on the lives of so many, and her impact will continue to be felt into the future.

Once again, I commend the bill to the House.

Debate adjourned.

Milton Dick (Speaker) Share this | Link to this | Hansard source

Before I call the Minister for Education I'd like to acknowledge a very special person, the minister's son Jack Clare, who's joined us today in the Speaker's gallery. A very welcome to you, Jack.