Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

The loss of a child is a tragedy. Parents should not have to deal with uncertainty about their employer-funded paid parental leave entitlements on top of their grief.

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

This Bill is named after Baby Priya—who died when she was just 6 weeks old.

And I want to acknowledge that Baby Priya's parents and grandparents are here with us in the Gallery today. We thank you for your bravery and advocacy that has led to this essential reform.

Parents should have 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 immense grief and trauma, but from childbirth itself, and the physical toll it takes on the body. They deserve 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 it's why we've acted to provide certainty in these circumstances.

This 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 the way 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 where 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 constructive social 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 am 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 ability to attract a talented workforce. In recognition of these benefits, we have acted to strengthen government-funded Parental Leave Pay so parents now receive 24 weeks of government-funded paid leave including superannuation contributions.

This Bill does not introduce any requirement to provide employer-funded paid parental leave if it is not already provided.

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

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

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

On an average day in Australia, more than 6 babies are stillborn and more than 2 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.

As we've heard today, this reform is vital. It protects employer-funded paid parental leave entitlements at one of the most difficult times a parent can face.

I once again commend Priya's parents for their advocacy and hope, as I know they do, to prevent parents in similar circumstances experiencing what they did, in future.

I commend the Bill to the House.