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

I appreciate having the opportunity to speak on the Fair Work Amendment (Baby Priya's) Bill 2025. Just to be clear, this is not a minister closing the debate on the bill. I rise to speak to this bill, a bill that enshrines compassion, fairness and dignity for parents who endure one of life's deepest tragedies—the loss of a child. The bill is named in the memory of Baby Priya, who heartbreakingly died when she was just 42 days old. Her short life and the courage of her parents have led to this important law reform. When Priya's mum told her employer that her baby had passed away, she not only was grieving the unimaginable loss of her child but also was asked to negotiate with her employer about when she would return to work. At that moment when she needed care, she instead faced uncertainty.

This bill changes that. The Fair Work Amendment (Baby Priya's) Bill 2025 includes a clear principle in the Fair Work Act that, unless an employer and employee have expressly agreed otherwise, employer funded paid parental leave cannot be cancelled because a child is stillborn or dies. This guarantees protection for grieving parents, ensuring the leave that they were granted remains theirs even in the event of unimaginable loss. It provides certainty, stability and space to grieve, recognising both the physical toll of childbirth and the trauma of a loss of a child. It ensures consistency across the system, bringing employer funded schemes in line with the government's own paid parental leave program. It also makes it easier for workers and managers to navigate these difficult circumstances while allowing flexibility where both parties agree.

Many employers already act with compassion when a situation like this arises. This bill provides a clear legislative foundation to support those good practices, ensuring compassion is not dependent on the goodwill of an individual manager. When the Albanese government became aware of this gap in workplace laws, we committed to ensuring that no other family would have to go through what Priya's parents went through. Australia is one of the safest countries in the world to give birth, but, sadly, stillbirth and infant loss do happen. In 2022 more than 3,000 families across our nation lost a child to stillbirth or within the first 28 days after birth. Every one of those numbers represents a much-loved baby, and parents who must find a way to live through their grief. We know that losing a baby has a profound and lasting impact not only on parents but on siblings, extended families, friends and communities. In those moments, no-one should have to worry about whether they'll still be paid or whether they'll be expected to return to work before they're ready. This bill is not only about consistency; it's also about what kind of workplaces we want in Australia—workplaces that recognise the humanity of their people, and workplaces that show kindness when it matters most. This bill provides certainty for parents and clarity for employers.

I want to pay tribute to Priya's parents, who, during their grief, showed extraordinary bravery and generosity. In their grief, they spoke out so that others would not have to face what they did. They demonstrated their advocacy and willingness to relive pain so that other parents in similar situations do not have to experience what they did. This is the reason the bill bears their daughter's name. Baby Priya's legacy will live on in this legislation.

I also want to acknowledge Minister Amanda Rishworth for her leadership on this reform. She's worked closely with parents, employers and unions to ensure this bill gets the balance right—compassionate, fair, and practical. Employer groups and business representatives engaged constructively, recognising that supporting employees through grief is both the right thing to do and good for workplaces. I thank them for their cooperation and empathy.

This reform also forms part of our broader effort to modernise and strengthen the fair work system to reflect the reality of people's lives. We're already expanding paid parental leave to 26 weeks, making it more flexible and accessible for modern families, and Baby Priya's story has added to this. Her parents' courage has inspired a national conversation about how we support families through the unthinkable. No law can take away their pain, but this bill will give other parents certainty and time to grieve, which is a legacy worth honouring.

It is an opportunity for the Senate to come together and show compassion and empathy for the situation that has led to this bill being brought before it. I know from other speakers, and from some of the contributions that were made in the other place, that there have been some comments reflecting concerns about the bill which don't directly relate to this bill at all. Indeed, with some of the comments that Senator Roberts made, the government will not be supporting his amendments. In fact, the concerns raised—which I accept Senator Roberts holds dearly in his heart—are not issues that are enlivened by this bill. I would also like to say that, when it comes to the loss of a baby, whether it be a loss through pregnancy, stillbirth or termination, these are things that weigh very heavily on parents' hearts. In particular, these are very difficult decisions for women. I think that some of the comments made today about women and their decision-making are deeply offensive to the vast majority of women across Australia. I don't want to focus my remarks on other things that are being said around this bill, but I do want to place it on the record. I share the concerns that I imagine many women are feeling when they hear comments made like those that Senator Roberts made in his contribution.

The Fair Work Amendment (Baby Priya's) Bill 2025 ensures that our workplace laws meet a simple standard—that we do care for one another in our darkest moments, that we look after each other and that, where gaps are identified, they can be addressed through legislation, and that that flows on and benefits families into the future. That is something the Senate should support. On behalf of the government and on behalf of Baby Priya's family, who, of course, are the motivation—the moving force—behind this bill, I commend the bill to the Senate.