Carol Brown (Tasmania, Australian Labor Party) Share this | Hansard source

I rise to speak in support of the Fair Work Amendment (Baby Priya's) Bill 2025. This bill makes a small but deeply meaningful change to our workplace relations framework. It ensures that, when the unthinkable happens—when a parent loses a baby through stillbirth or early infant death—their right to employer funded paid parental leave cannot be cancelled simply because of that tragedy. This bill is about compassion. It responds to the experiences of Baby Priya's parents, who, after the loss of their daughter at six weeks old, were told that their employer funded parental leave would be withdrawn. No parent should ever face the stress of negotiating their leave entitlements while grieving their child. I'd like to place on record my thanks to Baby Priya's parents for their advocacy in this area.

Until now, the Fair Work Act did not clearly set out what happens to employer funded paid parental leave in these circumstances. While unpaid parental leave and government funded paid parental leave already provide certainty for parents experiencing loss, employer funded schemes—those negotiated directly between employers and employees—have existed in a grey area. This bill closes that gap. It introduces a clear principle into the Fair Work Act: unless an employer and employee have expressly agreed otherwise, employer funded paid parental leave must not be refused or cancelled because a child is stillborn or dies. It provides reassurance for the parents, clarity for employers and consistency across the workplace relations system. Managers will no longer be placed in the position of making difficult and deeply personal decisions at a time of immense grief. Instead, there will be a clear, fair rule that supports everyone involved.

The legislation also respects the integrity of existing arrangements. It does not require employers to provide paid parental leave where none exists, nor does it override terms that have been negotiated in good faith. It simply ensures that, where paid parental leave is provided, it cannot be withdrawn in the face of tragedy unless that outcome has been clearly and fairly agreed. Importantly, this reform applies equally to adoption and surrogacy arrangements, recognising that every family deserves the same protection and dignity. It also prevents employers from unilaterally changing workplace policies, after the law takes effect, to remove these entitlements.

This is a practical, compassionate reform that gives families time and space to grieve, to heal, and to rebuild. It honours the memory of Baby Priya and the strength of her parents, who turned their heartbreak into a legacy that will help others. I commend the bill to the Senate.