Ellie Whiteaker (WA, Australian Labor Party) Share this | Hansard source

The Fair Work Amendment (Baby Priya's) Bill 2025 is about compassion, fairness and some clarity for parents facing the most unimaginable of circumstances. It fulfils a commitment we made at the election—to ensure that employer funded paid parental leave cannot be cancelled if an employee's child is stillborn or dies in the early part of their life. It removes the distress of having to negotiate a return to work while a parent is grieving. It ensures employers aren't left to make discretionary decisions in deeply emotional circumstances.

Our country is one of the safest in the world to have a baby, but stillbirths and infant deaths tragically still occur. In 2022 more than 3,000 Australian families lost a baby through stillbirth or within the first month of life. The loss of a child has profound and lifelong impacts on parents, families and communities. Until now, some parents have fallen through a gap in our workplace laws, losing paid leave entitlements just when they need support the most. This bill closes that gap.

This bill applies to national system employees entitled to employer funded paid parental leave the right to continue their paid parental leave in the event of a stillbirth or the loss of a child. It prevents an employer from cancelling paid parental leave in those circumstances. It introduces a principle to the Fair Work Act that employer funded paid parental leave must not be withdrawn unless an agreement already provides for it. It prevents employers from undercutting these protections by changing contracts or policies after commencement.

Importantly, this bill does not create a new obligation for employers who do not currently offer paid parental leave. It does not override or reduce existing bargained entitlements, and I know that many employers across the country do already have strong provisions for families impacted by stillbirth. It does not interfere with good-faith bargaining or flexibility for employers and workers to agree on additional supports.

This bill is named after Baby Priya, who died at 42 days old. Her parents' employer-paid parental leave was cancelled following her death. Their courage and advocacy has brought this issue into the national spotlight, and I want to thank them for taking the time to teach us all about the importance of this issue. They turned their grief into something incredibly important that I hope will spare other families some of the trauma they experienced. Their story has brought compassion to this parliament and has shaped a lasting reform.

This reform builds on Labor's record of strengthening support for working parents. It sits alongside our government funded paid parental leave, with the adding of superannuation contributions. We know that paid parental leave gives parents the support that they need to navigate the challenges ahead, and that support should not be taken away when parents face the most unimaginable of circumstances. This is a measured and compassionate reform that might cost little but means everything to the families that are affected. It brings decency to our workplace laws. It honours not only Baby Priya but every family who has faced this unimaginable loss. In this place today, we have the opportunity to act with compassion by passing this bill, and I urge all of us to do so.