Helen Polley (Tasmania, Australian Labor Party) Share this | Hansard source

I rise to speak in support of this profoundly important legislation. The Fair Work Amendment (Baby Priya's) Bill 2025 is more than a piece of workplace legislation; it is a human and moral imperative born out of tragedy, compassion and commitment to justice for grieving parents. This bill delivers on a key Labor election commitment. We promised to legislate to guarantee that working parents who experience stillbirth or early death of a child can continue to access their employer-paid parental leave where such leave aligns with the employee's terms and conditions of employment. This promise was made in response to the tireless advocacy of Priya's parents, who have courageously shared their story to prevent other parents from enduring what they had come to endure.

Baby Priya tragically died at just six weeks of age. The loss of a child is one of the most profoundly devastating experiences any person could face. In such moments, grieving parents need certainty and stability, particularly regarding entitlements that allow them time and space to mourn. This bill ensures that parents are not left to navigate a legal grey area during what is already an unimaginable period of grief. I want to take a moment to acknowledge Priya's parents for their courage, because their courage has brought this issue to the forefront and will have a tangible, long-lasting change to workplace laws. No parent should have to go through the heartbreak that Priya's mother experienced, and the government's response reflects our shared view that grieving parents deserve both dignity and certainty. To you, Priya's parents, I extend my deepest gratitude and admiration for your strength.

Under this bill, an employer cannot, because of the stillbirth or death of a child, refuse to allow an employee to take employer-paid parental leave to which they would have otherwise been titled, nor can they cancel any part of that leave. This principle, however, respects the terms of employment. It does not override arrangements where an employee's contract explicitly allows the employer to refuse or cancel leave, or provide for alternative entitlements in these circumstances, or where the employee requests the cancellation of leave. Employers will know clearly what their obligations are, helping to avoid unnecessary disputes and distress. This clarity benefits everyone, promoting a fair, predictable and compassionate workplace.

This bill is about more than legal definitions and workplace entitlements. It's about humanity. It's about acknowledging the parents who have lost a child and are facing an unimaginable pain. None of them should ever have to endure this alone or ever be caused additional stress over employment entitlements. It's about saying unequivocally that the Labor Party and the Labor government believe in protecting and supporting families in their darkest hours. The strength that Priya's parents have shown by allowing this story to be told is why we've named this legislation after Priya and has reminded us all of the power of lived experience to drive policy change. This bill is a testament to their courage, their determination and their refusal to let Priya's life, however brief, pass without making a difference. By naming this legislation after Baby Priya, we honour her memory and ensure that her story changes the lives of countless parents into the future. This bill also demonstrates the Labor government's commitment to fairness and decency in our workplaces. Employment laws must be about more than productivity and economics. They must reflect our shared values, our empathy and our respect for human life. By guaranteeing employer-paid parental leave in circumstances of stillbirth and early infant death, we are creating workplaces that recognise grief, compassion and the fundamental rights of working parents.

I urge all senators across the chamber to consider the human cost of failing to act. To hesitate would be to send a message to grieving parents that their suffering is a matter for uncertainty and negotiation, rather than protection, compassion and respect. This bill ensures that no parent must question whether they can access leave they're entitled to during one of life's most tragic circumstances. I fully support this legislation.