Zed Seselja (ACT, Liberal Party, Assistant Minister for Treasury and Finance) Share this | Hansard source

I thank all senators for their contributions and for their support for this bill. I particularly want to acknowledge the genuine and bipartisan concern and support for ensuring that this important legislation is passed before the parliament rises for the festive season.

The scourge of family and domestic violence strikes at the hearts of our communities and continues to impact on far too many Australians. ABS data tells us that one in six Australian women and one in 16 men have been subjected to physical and/or sexual violence since the age of 15 by a current or previous cohabiting partner. And almost one in four women and one in six men have experienced emotional abuse from a current or former partner since the age of 15.

We know that women are more likely to experience family and domestic violence. Every member of parliament who has risen to speak on this bill has spoken of the tragedy of family and domestic violence, and the great pain and anguish that it causes those who experience it, their children and their loved ones. We all know somebody who has been affected by family and domestic violence in the Australian community, and its debilitating effects ripple out into the community and compound from there. I know we share a genuine concern for eliminating the scourge of family and domestic violence and ensuring that our women and children are safe. Regrettably, we know that the Christmas season is, tragically, a time when women and their children can be particularly vulnerable to the devastating effects of family and domestic violence. The support for this bill means that the new minimum entitlement to five days of unpaid family and domestic violence leave will be extended to all employees covered by the Fair Work Act before Christmas so that employees and particularly women are protected in their greatest moment of need.

By enshrining the leave in the National Employment Standards, all national system employees will be guaranteed the minimum leave entitlement regardless of whether they are: full time, part time or casual; working for a small, medium or large employer; or covered by awards, enterprise agreements or individual arrangements. When passed, every employee who is covered by this new entitlement provided for in the bill will be guaranteed a full five days of leave the day after the new act receives royal assent, and these will reset on the anniversary of their employment. Employees who start a new job after the provisions commence will also get the full entitlement on commencement of employment with that employer, with the entitlement resetting on the anniversary of that day each year thereafter.

This bill is a significant step in how workplaces respond to the issue of family and domestic violence. We know from ABS data that over 60 per cent of women experiencing violence from a current partner are working. The workplace can provide a place of normalcy for people experiencing family and domestic violence, and colleagues can be a vital source of emotional support. But we also know that people who experience family and domestic violence will have times when they need to take leave from work to deal with the impacts of this violence. This bill ensures that all employees under the Fair Work Act, whether award-reliant or not, will have a workplace right to take necessary leave from work at such a difficult time. It will ensure any national system employee who takes family and domestic violence leave will be protected from unlawful adverse action under the general protections provisions of the Fair Work Act. This means that someone can take time off work to do things that need to be done, such as participating in court processes, attending property inspections, attending medical or counselling services, attending appointments at financial institutions or making arrangements for children's safety. They can do these things confident in the knowledge that their job is protected. It means that women are protected from prejudicial action, such as dismissal or reducing of their shifts, when they need to take leave to deal with the impact of this violence.

The bill delivers on the government's commitment to extend the Fair Work Commission to provide for unpaid family and domestic violence leave for award-reliant employees. Legislating this universal entitlement will provide equity and consistency between award-reliant and other national system employees and employers. By legislating family and domestic violence leave as part of the National Employment Standards, all businesses, regardless of size, must provide this workplace right to employees. We've committed to taking this right step at this time, matching the Fair Work Commission decision on unpaid leave.

The Fair Work Commission, in determining what was required for a fair and relevant minimum safety net, decided that unpaid leave was necessary to enable employees to take time off to deal with matters while maintaining the security of their employment. The commission rejected that paid leave was necessary. The Fair Work Commission said unpaid leave would confirm the significance of family and domestic violence leave as a workplace right and provide an employment protection in circumstances where there is a need to access such leave. The Fair Work Commission committed to looking at the issue of family and domestic violence leave again in mid-2021, including whether further provisions should be made for paid family and domestic violence leave.

Since 1 August 2018, up to 2.3 million award-reliant employees have had access to this new workplace right based on the Fair Work Commission's decision. Legislating family and domestic violence leave as part of the National Employment Standards will provide this entitlement to up to six million additional employees. This new workplace entitlement will complement other protections that already exist under the Fair Work Act. Employees may be able to access personal carer's leave to recover from illness or injury or to care for immediate family and household members who are ill or injured in an unexpected emergency. Employees experiencing family and domestic violence may be able to request flexible working arrangements, including changes to hours of work, patterns of work or location of work.

Combined with the new leave entitlement in this bill, the Fair Work Act provides significant support to employees dealing with the impact of family and domestic violence. We all have a role to play in dealing with family and domestic violence. The workplace is where many of us spend a large proportion of our time, and it is right and proper that employees in the national system have access to a consistent minimum standard of family and domestic violence leave. This new minimum condition cannot be bargained away and will form part of the safety net for all employees whether they work in a small or larger business. Family and domestic violence is unacceptable anywhere and anytime. With the passage of this new act, employees experiencing such violence have important new workplace protections.

Addressing violence against women remains a priority of this government. This bill is just one aspect of the comprehensive action we are taking. Since 2015, the government has invested over $300 million to improve women's safety. In the 2018-19 budget we announced $54.4 million in new funding for online safety initiatives and critical domestic violence services to ensure women are safe at home, online and at work. This included funding for a DV alert, a program to build capacity in frontline workers for whom family violence is not a core function of their role. It also included funding for 1800RESPECT, the flagship national domestic and family violence and sexual assault counselling, information and support service. 1800RESPECT has proven to be a vital support service for many. I am pleased that, in addition to this budget funding, on 27 November 2018 the government announced that 1800RESPECT will receive $10.9 million in additional funding to meet ongoing demand.

The government previously committed $100 million to fund the Third Action Plan, a further step in a 12-year national plan to achieve a significant and sustained reduction in violence against women and their children. One project under the Third Action Plan that I would like to draw attention to is the development of a one-stop shop of online resources. Employers have told us that they want to be able to help their employees experiencing family and domestic violence but they are not sure how to do so. They want to be able to offer practical support and assistance to their employees in such terrible circumstances. They also understand that, by helping their employees, they are providing a safe and productive workplace for all their workers. The one-stop shop will provide holistic, best practice guidance for employers and employees to help support victims of family and domestic violence. I welcome the positive response to the latest ads as part of the award-winning Stop it at the Start campaign, where, in partnership with states and territories, we have committed $30 million to target influences of young people, such as parents, friends, teachers and coaches, to bring about generational changes in attitudes of violence against women.

I know that Minister O'Dwyer was pleased to co-host the COAG National Summit on Reducing Violence Against Women and their Children on 2 and 3 October 2018 in Adelaide. The government looks forward to continuing to work with states and territories and the Australian community as we develop the fourth action plan of the National Plan to Reduce Violence against Women and their Children. The government is also proud to be contributing half a million dollars towards the Australian Human Rights Commission's inquiry into sexual harassment in the workplace, led by Sex Discrimination Commissioner Kate Jenkins.

The government understands that we can help women to build their financial security through practical measures. This is why Minister O'Dwyer delivered the first ever Women's Economic Security Statement, focused on three pillars—specifically, workforce participation, earning potential, and economic independence. We know that economic independence is a critical issue for women experiencing family and domestic violence, and, as part of this pillar, the government is providing funding of $35.6 million over four years. The new measures include extending funding for specialist domestic violence units and health justice partnerships to help women get on top of their finances through training and support.

We are also expanding Good Shepherd Microfinance's No Interest Loan Scheme. This will help women experiencing family and domestic violence access finance when they most need it without high interest holding back their financial recovery into the future. The loans will be able to assist with relocation, essential household items, rental bonds or, where appropriate, debt consolidation.

The government's also extending the ability to access early release of superannuation to victims of family and domestic violence. While superannuation should ideally be preserved until retirement, there are certain immediate and extreme circumstances where the benefits today outweigh the benefits of maintaining those savings until retirement. The government has consulted with stakeholders and considers that family and domestic violence is one of these special circumstances. Extending early access to superannuation, in addition to other support, can provide an important last-resort lifeline needed to begin the recovery process in a safe environment. We're also funding legal assistance to ensure that victims of family violence are appropriately protected from direct cross-examination by their perpetrators in family law matters.

These important measures support women's financial security to help them escape violent relationships. I'm proud of this government's record on women's economic security. Under this government, there are more women in work than ever before, with over 5.9 million women in work. Women's workforce participation is at record highs under our government. We are on track to meet the G20 commitments to reduce the gap in women's workforce participation by 25 per cent to 9.1 percentage points by 2025. In October 2018, the participation gap was standing at 9.5 percentage points. Women must be safe in their homes, online, in their community and at work, and this bill will assist to make that a reality. Under this government, we are also making good progress on closing the gender pay gap. It was 17.2 per cent when we took office in 2013 and is now at a record low of 14.5 per cent.

In closing, the bill before the Senate now is an important part of the comprehensive support provided by this government to working women experiencing family and domestic violence. Family and domestic violence is unacceptable anywhere, anytime. This bill is the right step now to provide important workplace entitlements and protections to employees experiencing such violence. I urge all senators to support extending this important safety net entitlement to all workers under the Fair Work Act.

Question agreed to.

Bill read a second time.