Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to 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.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

I rise today to respectfully support this bill, the Fair Work Amendment (Baby Priya's) Bill 2025, and to honour the coalition's commitment to bipartisan support on matters of compassion and family welfare. The coalition gave bipartisan support to this bill, and, as I said, that support still remains. However, in relation to the guillotine that's just been put in place by the vote of this chamber, I'd like to make a couple of comments before I make a contribution on the bill.

Firstly, I understand that there will be amendments moved to this bill, and those matters are likely to go to matters of conscience. I'd just like to say that it is quite unusual for matters of conscience to be put under guillotine. I'd also say that the government has failed in its contribution on the guillotine to put the case as to why debate on this bill needs to be cut short. There is no reason why senators shouldn't be allowed the opportunity, as is their right in this place, to make a contribution, particularly on matters that they feel very strongly about. For that reason, we did not support the guillotine, but, as is the will of the chamber and the majority, we now see that it is under that guillotine.

As I said, I rise today to speak respectfully in support of the Fair Work Amendment (Baby Priya's) Bill 2025 because it reminds us that our duty as legislators goes way beyond just policy; it goes to understanding and compassion. It's about making sure that the law stands with people during their darkest times. In amending the Fair Work Act, we introduce a new consistent principle that employer funded paid parental leave must not be cancelled because a child is stillborn or passes away shortly after birth. It aligns with the Fair Work Act and with the government's paid parental leave scheme, and it ensures that, when families endure the unimaginable loss of a child, the law does not add burden to that tragedy. It guarantees that grieving parents are not forced to fight for recognition and respect or kindness in the workplace. Importantly, it ensures that women have time to heal, both physically and emotionally, after what would be the most devastating of losses. The bill honours Priya's memory, and I want to express my deepest sympathy to Priya's family for their unimaginable loss but also my gratitude for their courage in leading this change through their grief. Of course, that sympathy extends to all families in similar circumstances.

As the Minister for Families and Social Services, I was proud to lead the reforms that recognised the grief and dignity of parents who experience stillbirth or a child dying shortly after birth. In September 2020, the Morrison government committed $7.6 million to improve bereavement payments for families after suffering a stillbirth. We ensured that all eligible families who experienced stillbirth or an infant death received support payments, helping 900 families every year. We recognised, in 2020, that the loss of a child is truly devastating and that no amount of money could ever deal with the grief these families experience. Our reforms introduced a single stillborn payment rate, ending inconsistencies that treated first and subsequent losses differently. Our 2020 reforms were guided by a fundamental principle. By introducing a single-rate stillborn payment, we addressed inconsistencies in levels of support to better recognise all bereavements. Every child matters. Every loss is devastating. The law should never discriminate between first and subsequent tragedies.

Today's bill continues that work from 2020 by extending these same principles of equal recognition and dignity in the workplace. Where we ensured that the social security system treats all bereavements equally, this bill ensures the Fair Work system does the same. It is the natural and necessary next step in recognising that parents of stillborn babies deserve the same support and protection in their employment as any other parent.

I want to address some comments made by my colleagues in the other place during the debate on this bill. Some colleagues raised concerns about the wording of this bill in relation to late-term pregnancy terminations. I understand they spoke from conscience, and I respect that. However, I want to put on the record that I disagree with any suggestion that some women might somehow exploit their grief to access an entitlement that they don't deserve. Late-term pregnancy losses, whatever their circumstances, are rare and occur in the most tragic and extreme circumstances. They involve decisions made by women, their partners and their doctors in situations of profound difficulty. This bill is about recognising that any woman who endures the physical and psychological ordeal of losing a child late in pregnancy, at birth or soon after deserves the time to heal.

I want to acknowledge and thank Bears of Hope for their advocacy and support of this bill. Organisations like Bears of Hope provide essential support to families experiencing the loss of their baby. They help families navigate unimaginable grief while advocating for systemic change. Their work reminds us that behind every statistic is a family, a loss and a need for compassion.

This bill is not just about one case or one family. It ensures that, when Australians face grief, workplaces and laws reflect the best of our national character: fairness, respect and compassion. It reminds us as legislators that the true measure of a society is how we treat people in their moments of vulnerability. By passing this bill, we send a clear message: in Australia, no family grieves alone, and no parent should face indignity on top of that loss.

As the Minister for Families and Social Services, I heard stories of parents who, in addition to unbearable grief, faced bureaucratic obstacles, workplace discrimination and financial strain. These experiences reinforced my conviction that our social security and employment systems must be underpinned by compassion. This bill continues that work, ensuring our laws recognise the humanity of every family's loss. This bill enshrines compassion and dignity into our workplace and employment framework. It validates the experience of every parent who has lost a child. It clearly says: 'Your grief matters. Your loss is recognised. You deserve time to heal.' This reform reminds us all that compassion must be at the heart of every law we pass. I commend this bill to the Senate.

Michelle Ananda-Rajah (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Fair Work Amendment (Baby Priya's) Bill. The loss of a child is a profound tragedy. It has been described as a palpable, cascading grief that is linked to an equally palpable yearning—a longing that stretches into the infinite. It is everlasting—a grief for what has happened and what could have been of a life cut short. In this situation, in this period of grief, what we aim to do is prevent it from morphing into, or becoming, a trauma. This, unfortunately, was the scenario that faced Baby Priya's mother. Baby Priya died at six weeks of age to a mum who had been employed in an organisation for 11 years. This mum then faced the situation where her paid parental leave was unilaterally cancelled by her employer, yet this was not the situation for Baby Priya's father.

As a result—thanks to their courageous advocacy—we now have this bill before us. We are here in this parliament to right this injustice. We want to, by bringing forward this amendment, reduce the distress of both parents and employers, who really shouldn't be in this position with a lack of clarity around what to do in these circumstances. We want to allow, with this amendment, parents the time and space to grieve and to provide clear guidance to employers as to what they should do in these rare scenarios. Stillbirth is rare. Australia is a country that has one of the safest records for women in childbirth. But in Australia six babies a day are stillborn. They're not viable when they're born. We also know that two babies die within 28 days of birth per year. That totals over 3,000 families who are affected every single year. So it's not negligible. It is rare, but it is certainly not negligible. In moving this amendment, we will be attempting to alleviate some of that distress for those families, giving them the time and space to grieve.

I do want to say that it has been beyond disappointing to hear some of the arguments peddled in this chamber linking this bill in some way to late-term termination of pregnancy. Late-term abortions are not trivial matters. They are not done on the whim of a mother or father. They are a medical decision made by doctors and a wider medical team, usually in a specialist hospital for women. It is a multidisciplinary decision, and it's usually done due to a severe fetal abnormality or if the mother's health and wellbeing are at risk due to psychological or psychiatric problems. This is an extremely rare scenario. It is beyond disappointing to hear some of the misinformation—and disinformation, I would argue—being peddled in this chamber by some members of parliament who, frankly, should stick to their lane.

I will also flag that there are disturbing reports in the media of women who are not listening to their trained midwives or doctors but are instead choosing to be influenced by doulas or social media influencers around having homebirths or freebirths. This has led to numerous deaths both of babies and of women in Australia, and there's no need for this. I would urge the women of Australia to seek their advice from trained professionals—either midwives or obstetricians. We have universal health care; these people are accessible. Don't rely on social media influencers.

I say this because, in medicine, we reserve the word 'catastrophe' for only one specialty. Only one specialty uses the word 'catastrophe', and that is obstetrics. It doesn't appear in the lexicon of any other specialty in medicine. In medicine, our language tends to be very dispassionate because, in an emergency, doctors, nurses and allied health professionals are trained to operate under immense stress in order to alleviate a situation. Emotion is taken out of it, unlike in this place. It's completely taken out of it. But the term 'obstetric catastrophe' is absolutely enshrined in obstetrics because, when things go wrong, they go wrong quickly, and it's often too late to wait for an ambulance to come to save the day—just too late. I won't go into the graphic details, but it gives an indication of how important it is to, in that antenatal period, seek your advice from the professionals.

Back to this bill—in the situation of a stillbirth or an infant death, we want families to have certainty. We want employers to have certainty as well. This bill will provide that kind of clarity by preventing the unilateral cancellation of paid parental leave. And it builds upon the other supports that this Labor government has introduced for working parents, principally the expansion of paid parental leave, which currently sits at 24 weeks and will go up to 26 weeks next year, and the numerous reforms we are making to early education and care to better support working families.

It's important to understand what this bill does not do. It does not interfere with existing bargained entitlements. There are many employers who already offer express stillbirth leave entitlements, which will be unaffected by this reform. It does not prevent employers and workers from bargaining and agreeing to conditions in good faith. It does not create a requirement for employers to begin providing employer funded PPL, paid parental leave, if it is not already provided. The bill also prevents employers from undercutting this reform by unilaterally changing the existing terms and conditions of employment after commencement.

I want to conclude by thanking the courageous advocacy of Baby Priya's mother and father—for bringing this to the attention of our government and our parliament. Baby Priya is not here to see this, but this bill will preserve her memory. I commend this bill to the Senate.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

The Greens support the Fair Work Amendment (Baby Priya's) Bill. It's a relatively small change that will make a big difference to families experiencing the grief of stillbirth or the loss of a baby. Stillbirth, miscarriage and infertility are issues that affect so many families. According to the Australian Institute of Health and Welfare's data, six babies are stillborn each day and two die within 28 days of birth. Sadly, these are issues which are still not talked about enough. That silence can compound the grief, trauma and isolation experienced by families. The Pink Elephants Support Network's recent report, Not just aloss, found that 75 per cent of women coping with stillbirth and miscarriage feel unsupported and abandoned, particularly in rural and regional areas without specialist support services.

The profound grief caused by the loss of a child can be as all consuming for parents as the experience of having a child born healthy. Some parents will choose to go back to work quickly to try and regain some normalcy, but, for many grieving parents, including Baby Priya's mother, returning to work when you were expecting to be on parental leave is a trauma that they are simply not ready for. If leave is unavailable, parents end up taking long periods of unpaid leave, dropping down to part-time work or quitting—all while facing medical costs and counselling expenses. Employers need to provide flexible, sensitive workplaces that support staff through these challenges.

This bill would ensure that parents affected by stillbirth and infant loss can continue to access their employer related paid parental leave if they wish to. The government funded scheme already extends to stillbirth and infant loss, and this bill grants the same support to private sector employees. All parents deserve the security of paid leave while they grieve and adjust. This change was recommended by a Senate inquiry into stillbirth research and education in 2018, chaired by Senator McCarthy and my former Greens colleague Senator Janet Rice. But it's before us again today because of the bravery and courage of Baby Priya's parents. Ten days after the tragic loss of their daughter, Priya's mum was told to come back to work. They turned their heartbreaking loss into a call for action so that other parents didn't have to experience what they went through, and I'm so grateful to them for their advocacy. I want to acknowledge the support of the Australian Services Union, of which I'm a proud member, for the support that they provided to Priya's mother and for their campaign for reform, and also my New South Wales Greens colleague Abigail Boyd for continuing to raise this issue. We need to talk more openly about stillbirth, miscarriage and infertility; and provide support to those affected, including partners and family members.

Beyond this bill, we should consider introducing premature birth leave, currently provided by the Australian Public Service and the New South Wales public sector, so that parents don't have to eat into their paid parental leave before a baby even comes home. We should provide paid reproductive health leave for miscarriage, terminations and infertility treatments; and make it easier to access counselling and support after pregnancy loss. We should extend paid parental leave to 52 weeks, in line with international best practice. We should do all of this because stillbirth and infant loss is a public health issue. It's a mental health issue. It's a compassion issue. It is not an opportunity for conservative men to perpetrate and perpetuate their culture wars.

The bill clearly and clinically defines stillbirth and infant loss. It seeks to support parents experiencing this loss. Any claim otherwise is simply a stalking horse against women's reproductive rights. To suggest that any parents in this situation did not want to be parents is hurtful, disrespectful and out of touch. It ignores the evidence that terminations post 22 weeks are extremely rare, are traumatic and often involve pregnancies that are incompatible with life. These are private decisions supported by medical advice. Using the shield of 'unintended consequences' and 'seeking clarity', a few conservative men in the coalition have taken a bill that is about grieving parents getting dignity and certainty and used it to attack bodily autonomy. Australians are not interested in this antiwoman, antichoice nonsense. Using this bill as a vehicle for their Trump-style talking points, while doing absolutely nothing about women's rights on any other issue, is utterly shameful.

As I said at the outset, this is a bill to extend support to parents at one of the worst times imaginable, and it is the right thing to do. Once again, I thank everyone involved in bringing this bill to parliament, and I hope that having Baby Priya's name associated with such a profound change is something you can feel really proud of.

Ellie Whiteaker (WA, Australian Labor Party) Share this | Link to 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.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

I rise to speak in support of this bill, the Fair Work Amendment (Baby Priya's) Bill 2025. I want to start by recognising Baby Priya's parents, who experienced the devastating death of their six-week-old daughter last June. I'm sorry for your loss and I'm sure that no words can describe the heartbreak of losing a child. We know the story now, thanks to their advocacy. Rather than being met with care, time and support to grieve, Priya's mum was asked, just 10 days after her daughter passed away, to start negotiating her return to work with her employer. Her parental leave was cancelled and replaced by one month of personal leave.

From this experience, they have advocated selflessly to ensure other bereaved parents never have to go through the same uncertainties as they did while they were grieving. This bill ensures that paid parental leave cannot be cancelled in circumstances where a baby is stillborn or dies, and it's because of their advocacy that the right for parents to grieve in their own time—supported by paid parental leave entitlements and a return to the workforce when they're ready—will now be protected.

This is a very good bill. Again, I want to thank and recognise Priya's parents for their work in pushing for it, and I want to commend Minister Rishworth and the government for bringing this bill to the parliament. I also want to thank those among my colleagues who have debated this bill with empathy and respect. Embedding compassion into our workplaces is something we should be striving for in Australia.

I believe this bill represents the type of common grace that people want to see extended to their fellow Australians. No parent mourning their child and the future they had imagined for their family should be forced to return to work sooner than expected or face financial pressures to do so. Someone's parenting journey does not end because their baby was stillborn or died early. This bill recognises that truth and moves to bring protections for employer funded leave entitlements in line with those for the government paid entitlements. It is an important step to ensuring compassion and fairness for all parents, no matter where they work.

On a final point, it's worth mentioning that six babies are stillborn every day in Australia. It's something that we need to talk about more. We need to recognise that there are many, many parents living in our community who are missing their baby every day. Hopefully, this bill will make it a little bit easier for parents going forward. But there is still more to do in this space. I commend this bill to the Senate.

Susan McDonald (Queensland, National Party, Shadow Minister for Resources and Northern Australia) Share this | Link to this | Hansard source

I rise to speak to the Fair Work Amendment (Baby Priya's) Bill 2025 with incredibly mixed emotions. I thank those other members of the Senate who have spoken on this with great care. As somebody who has also lost a child, the idea of not recognising, in any way, the pain and difficult times that a family goes through then is abhorrent.

This legislation is being guillotined, and I can't let that go past because this is not just about the tragic circumstances of losing a child for a family. There are more issues to be examined. We had a very comprehensive speech this morning from Senator Canavan, and I thought he did a terrific job in that regard. I want to raise another issue, though. Small businesses across Australia are under incredible pressure. When the minister spoke to this legislation earlier this morning, she made the point that this is not about there being a definition around stillbirth or losing a child during maternity leave; it is about fair work. And this is the bit that I think we've not had the opportunity to examine.

In this country, around 10 weeks of leave is provided by small businesses to their employees. Small businesses have that relationship with their employees. Their employees are an incredibly important part of that broader small-business family. Yet, with the guillotining of this legislation, with the lopsided discussion, there is no ability for the employer groups to be a part of this discussion. They are removing the ability for the employer and the employee to have this relationship that I have enjoyed as an employee over many years. In fact, during the sad time that I referred to at the beginning, my employer was extraordinary. But we will remove that. We will once again move to legislate every part of our lives. I don't think this helps to provide respect to that relationship or to allow a robust and successful relationship. Imagine if we start legislating for what can happen in a marriage or in other sorts of relationships in our society. I think this legislation, whilst incredibly worthy at its heart, is not dissimilar to the domestic violence leave legislation that we passed last year. We have removed a societal cost to a small business cost. There are those on the other side who talked about the price of this being small. Well, if you're a small business with only a small number of employees, the price that you pay for providing all of these benefits that we desire under our modern society is significant. In the AFP, I understand, the leave entitlements are something like 14 weeks a year. Small business, as I said, is 10. These are genuine costs for people who are doing it incredibly tough at the moment. The inability for those people to be able to have a relationship and a discussion with their employees seems incredibly heavy handed.

There will be those who think that I'm missing the point of this legislation, and I acknowledge that. I understand what it's trying to achieve. I certainly sympathise to the bottom of my heart with Baby Priya's family. The sadness must seem at times to have no limit. But I do caution that when we guillotine legislation like this, without allowing everybody to have a say, without proper debate and discussion, we deny real people in our society who should be involved in this. Senator Canavan made the point this morning that we undermine the trust and the respect and the responsibility that is given to this parliament and this Senate. I think the guillotining of legislation, particularly important legislation, is unparliamentary. It's undemocratic. Australians expect better and more. The more difficult the topic, the more important it is that all Australians get to have a say. We cannot be righteous and say, 'This is the only way,' in this regard. That is what healthy democracy is about.

So I rise to represent the other half of this relationship, being the employer groups—the employers who have for so long been able to make generous and appropriate arrangements with employees who have all sorts of different requirements. Will we move next to legislating for greater leave if one of your parents dies? What about a sibling? I think that's currently three days. Where are we going to start requiring that employers should take on the financial responsibility? If the government believes that this is important legislation, did the government consider that the government would pay for it? Of course they didn't, because this is a government that will always shift the cost to small business—the very group that, at the moment, is going into liquidation, administration and closure faster than at any point in our history. I think we should care about that.

I think this is an incredibly important group of people. They provide the apprenticeships to our young people. They provide the opportunity for school attendees to work part time in their businesses. They give a go to people who would not fit into a bigger corporate structure. Particularly in the places where I am from in regional and rural Australia, it is small businesses that turn up and continue providing services, often at cost to themselves. They don't pay themselves. They instead pay their employees, their workforce, their suppliers and all the government fees and charges that continue to grow.

The point that I seek to make is that guillotining this legislation is bad for Australia. It's bad for our democracy. It's bad for the standing that this parliament has in the minds of those people that we come here seeking to represent. It is bad for a sector of our community and our economy because, as we seek to make good a harm, we have not had any ability to look at what that price is. I don't think that's fair. I think it really diminishes the government in my eyes, but, worse, I come here to represent people who provide jobs to thousands, hundreds of thousands, millions of Australians, and their voice has been completely lost and disregarded in this. I don't think that's right.

Helen Polley (Tasmania, Australian Labor Party) Share this | Link to 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.

Barbara Pocock (SA, Australian Greens) Share this | Link to this | Hansard source

I rise in support of the Fair Work Amendment (Baby Priya's) Bill 2025. I want to start by acknowledging—like many others in this chamber have—the heartbreaking circumstances behind this bill. This bill was named after Baby Priya, who died tragically just 42 days after birth. I extend my sympathy to Priya's parents on their terrible loss.

Only a few days after her loss, Priya's mum informed the company that she worked for—and she'd worked for them for over 10 years—that her baby daughter was gone. What happened next only compounded her grief and distress. They unilaterally cancelled her maternity leave, informing her via text message soon after, and gave her just one month of personal leave. This was cruel beyond belief, but it was also legal. The Fair Work Commission told her there was nothing they could do about the cancellation of her maternity leave. Legally, employers can cancel paid maternity leave, even though they cannot cancel unpaid leave in the event of an infant death or stillbirth.

Priya's parents knew the law had to change. When Priya's dad got three months of paid paternity leave under the New South Wales industrial system while Priya's mum had to go back to work, she mum realised that our federal industrial relations system needed to catch up. The cancellation of her maternity leave forced her back to work, despite her immeasurable grief. Priya's mum deserved that maternity leave, just as any other mother of a living baby would. I commend Priya's parents for their advocacy. No parent should have to go through what they did. This bill amends the Fair Work Act to make entitlements to parental leave in case of stillbirth or the death of a child more consistent, whether the leave is paid or unpaid parental leave. It will prevent employers from unilaterally cancelling periods of paid parental leave in cases of stillbirth or infant death—in cases like Priya's.

While the previous Liberal government made amendments to previous periods of unpaid parental leave to stop them from being unilaterally cancelled by employers in these cases, no such rules apply to periods of paid parental leave. This is a serious problem, and the Greens support this bill's amendments to the Fair Work Act to fix this. As someone whose academic and professional life has been committed to understanding the relationship between work, life, care responsibilities and the birth of new children, along with fairness in employment, I know the current system is far from adequate. It can fail parents in the moments they most need it to support them. I thank Baby Priya's parents and the Australian Services Union for their strong campaign to change these laws.

This bill also aligns squarely with the Greens' longstanding commitment to make work fairer and more caring. The bill is a welcome step forward, but, let's be honest, it's still nowhere near enough. Australia's Paid Parental Leave scheme remains one of the weakest within the OECD. The average across developed countries is around 52 weeks paid leave. Yet, here, even after this bill, families will have less than half that. The Greens believe every family should have access to 52 weeks of paid parental leave by 2030, and it should be paid at replacement wages—because caring for a new child shouldn't mean falling behind financially. It shouldn't mean widening the gender pay gap and super gap that already disadvantage so many women, and it shouldn't mean perpetual exhaustion for having to go back to work way too early after the birth of a baby.

As chair of the Senate Select Committee on Work and Care, I heard much about the importance of paid parental leave and its many benefits for carers and families. We know that longer, better paid parental leave improves child health, strengthens attachment, boosts maternal wellbeing and supports parents to stay connected to work. Yet too often our system pushes mothers out and locks fathers out. Parents shouldn't have to choose between spending the precious first year with their baby or paying their rent or mortgage.

Expanding paid parental leave is not just about supporting families; it's about building gender equality into the foundations of our economy. As I've said before in this place many times, around a third of the gender pay gap comes from time spent caring for family and stepping out of full-time work. Today, the Australian Centre for Gender Equality and Inclusion @ Work are launching their Gender equality @ work index report. The report finds that inequality persists in the total hours that men and women work due to women carrying the brunt of unpaid care and the paid parental leave load. It also found that the low uptake of parental leave by men continues to be a major cause of gender inequality at home and in the workplace. When we underpay or undervalue care, we entrench inequality that lasts a lifetime in wages, superannuation and retirement security. A full year of paid leave with super paid on every dollar would begin to change that story. It would recognise care as real, essential work—work that makes all other work possible, work that underpins productivity in our economy.

Currently, our national scheme falls short of global best practice by a long way. The Greens recognise that giving families a full year of security on the arrival of a child will strengthen maternal health, promote greater workforce participation and reduce the gender pay and superannuation gaps that follow years of unpaid care. Recommendation 16 of the work and care report agreed to by Labor, the Liberals and the Greens recommended that the government should consider ways to reach the international best practice of 52 weeks of paid parental leave. Labor has the numbers in this place to be bold and to build a world-class system that values care as real, vital work—a system that values women and fathers in the care of their kids and family. Labor, don't just tinker at the edges. Use your majority to bring Australia into line with the OECD average and finally deliver the fair, flexible, year-long leave that families need.

The Greens support this bill as it's a step towards a more caring, equitable industrial relations system—a system that protects workers in crisis and affirms the essential link between work, care and community. We will continue to push for broader reform, including for 52 weeks of paid parental leave, stronger protection for carers for their jobs, and fairer rights for all workers balancing paid work and unpaid care. This is a legacy that will touch countless lives. I'll conclude with some words directly from Priya's mum:

To every grieving parent, I want to acknowledge you with the deepest respect. You've endured the greatest pain imaginable, yet you continue to take one step at a time, day by day … For the working parents of stillborn babies and infant deaths … my hope—

Priya's mother's hope—

is that this law will grant you the time, support and financial assistance that are rightfully yours so that you can have that time … to take care of yourselves.

It's rare to see tri-partisan agreement in this chamber, but this is such an important bill to so many in our community, and I commend this bill to the Senate.

Marielle Smith (SA, Australian Labor Party) Share this | Link to this | Hansard source

I also rise to speak on the Fair Work Amendment (Baby Priya's) Bill 2025. The bill before us is named in honour of Baby Priya, who tragically passed away just 42 days after her birth. It is an immeasurable loss and grief for any family to endure, but for Priya's family it was a turmoil that was compounded, as Priya's mother, in her grief, was forced to negotiate with her employer about returning to work. This is something she never expected to face, and yet it is an experience that is not unfamiliar to too many bereaved families in our community. No parent should ever have to go through what Priya's mum experienced, and yet it's a story we know exists too often.

It's certainly something that was experienced by a close friend of mine, who has given me her permission and blessing to share her story as part of my contribution. When my friend's son was stillborn at 32 weeks, she was forced to negotiate with her employer and was advised that her return to work should be just five weeks after the loss of her son. During those five weeks, she was in and out of public hospital no fewer than seven times, including a two-night admission because of retained placental products. This was hardly the grieving period my friend required to mourn the loss of her son.

As she returned to her work in a diverse retail management role, she told me she felt as though she was going to cry or vomit every time a healthy newborn baby entered her store. She was suffering from post-traumatic stress disorder. If she had had the time to grieve, she could have received a diagnosis for this and the support she then required, but she didn't. This was the reality for my friend. It is the reality for so many women like her.

While my friend was forced to take medication to suppress the milk that she would never be able to feed her baby and as her body was recovering, she was forced back into a role where she was instructed to meet key performance indicators, manage staff performance, oversee payroll and write rosters. My friend had no time to experience the grief she needed to. At this time she found tasks like grocery shopping truly overwhelming. Her grief was just so consuming that making those decisions each week became overwhelming. The most meaningful gifts she received during this time weren't flowers but groceries because they spared her from having to make those decisions and do those tasks in daily life. If these things felt impossible for my friend, how can we expect bereaved parents to navigate complex negotiations with their employers about when to return to work?

This system is failing due to a lack of understanding of what these women and these families are going through. Ambiguous workplace policies fail to acknowledge a devastating public health issue that impacts more than six Australian families every day. If paid parental leave schemes do not acknowledge the lives of babies born without breath or babies who pass away shortly after birth, they help nobody, but they sure as hell have traumatised too many women.

As a government we have the opportunity and the responsibility to remove this ambiguity by strengthening the Fair Work Act to support bereaved parents in their most vulnerable moments. In doing so, we legislate for clarity, for certainty and for compassion. This bill will ensure that employer-funded parental leave cannot be cancelled if a child is stillborn or if a child dies shortly after birth. It introduces a new principle into the Fair Work Act that, unless employers and employees have agreed otherwise, employer-funded paid parental leave must not be cancelled because a child is stillborn or dies shortly after birth.

I want to acknowledge, as many senators have done, Baby Priya's parents, who, through bravely telling their story, brought attention to an issue not adequately addressed in existing workplace laws. After their baby's death, her parents advocated to ensure no other parent would have to face what they did. Baby Priya's loss is an absolute tragedy, and this bill honours Baby Priya and it honours her parents by creating a legacy that will touch countless lives. I want to thank them for their advocacy on this essential reform. Parents must have certainty about their entitlements at such a difficult moment. They need time and they need space to grieve.

This bill provides transparency for parents and employers. It means bereaved parents will not have to deal with the stress and uncertainty about their entitlements during one of the most traumatic times in their lives. Likewise, for managers, it doesn't place them in the position of having to make a potentially fraught discretionary judgement call on such a delicate matter—a call which could compound grief and trauma for their staff.

The loss of a child is a profoundly traumatic event. While Australia is one of the safest places in the world for a baby to be born, in 2022 more than 3,000 families lost a child to stillbirth or within the first 28 days of their birth. I want to acknowledge and recognise every family who feels this grief and every family who lives with this loss—those families and those mothers who hold their babies not in their arms but only in their hearts. Stillbirth is a public health issue shrouded in stigma, but through awareness, education and policy change, we can actually save the lives of our littlest Australians—Australian babies who are so deeply longed for. In recognition of those babies who are so deeply missed, we can create better systems for those who experience stillbirth or neonatal loss to support them in their grief.

I am deeply proud to stand in support of this bill as a friend of someone who has experienced the most traumatic of losses and as a representative of the women in my community who have felt and experienced that too. This is why we must pass this bill with the utmost urgency and importance. I acknowledge the contribution of every senator who has come and spoken in support of this bill with sensitivity and with care and with compassion. I commend the bill to the Senate.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

The Fair Work Amendment (Baby Priya's) Bill 2025 amends the Fair Work Act 2009 to extend entitlements to paid parental leave in the case of stillbirth or death of a child. Stillbirths or deaths of a child are crushing—heartbreaking to parents. My wife, Christine, and I have two children and one grandchild. Nothing else comes close, as I'm sure every parent feels. Nothing else comes close to having a child, except possibly losing a child. One Nation supports the bill's core intent for the very reason I've just mentioned.

The bill only deals with paid parental leave; it does not alter the existing provisions around unpaid parental leave. The bill will prevent employers from unilaterally cancelling periods of paid parental leave in cases of stillbirth or the death of a child during the paid parental leave period. The bill will not prevent employers and employees from agreeing between themselves to cancel such periods of leave, usually so the employee can return to work early for sound reasons. And the bill does not change arrangements for payment of allowances to parents who are not employed. The bill does not impose any requirement on employers to provide employer-funded paid parental leave, because the employer does not pay parental leave; the government does, at a cost of $2.9 billion a year. Some companies pay parental leave at a higher rate. Often, they pay the employee's regular pay and top up the government payment themselves. In this case, the bill will make those employers pay this higher rate to an employee who voluntarily terminated their pregnancy when their child was delivered stillborn. I will say that again: in this case, the bill will make those employers pay this higher rate to an employee who voluntarily terminated their pregnancy when the child was delivered stillborn.

Why has One Nation submitted an amendment to the Baby Priya bill? Why have I submitted an amendment to the Baby Priya bill? The bill requires employers to provide paid parental leave to employees who have a stillborn baby, or where the baby dies during the parental leave period. One Nation do not oppose this measure in principle; we support it. Our amendment does not change the outcome of the bill for most women, including the situation Baby Priya's parents, very sadly, found themselves to be in.

The definition of a stillborn baby in the bill relies on section 77A(2) of the Fair Work Act 2009, which defines a stillborn child as one:

(a) who weighs at least 400 grams at delivery …; and

(b) who has not breathed since delivery; and

(c) whose heart has not beaten since delivery.

Yet here's a key concern of many constituents across Australia and my state of Queensland: nothing in this definition takes account of a voluntary abortion resulting in a stillbirth, which is most late-term abortions. These involve injecting the human baby with a drug that stops their heart and then is delivered as a stillbirth. In the bill as it was introduced, a mother in that situation would qualify for 26 weeks of paid parental leave. This is the very specific issue One Nation's amendment seeks to correct. We do not believe it is right for a woman who deliberately terminates her pregnancy to then qualify for 26 weeks paid parental leave at taxpayer expense.

I must emphasise that neither this bill nor One Nation's amendment changes anything around emergency terminations in the event of serious health issues affecting the mother. Nothing changes. That's already protected in legislation; I want to make that very clear. For example, early delivery without killing the baby first is normal obstetric practice for emergency health conditions late in pregnancy such as high blood pressure, liver or kidney disease or cancer that requires chemotherapy.

Here are some more important facts on abortion that have informed One Nation's amendment. There is no upper gestational limit on abortion in any Australian state jurisdiction—none. In each jurisdiction, abortion is permitted until birth with the approval of two doctors after a certain gestation. In some jurisdictions such as Queensland, the second doctor who approves the late term abortion is not even required to examine the pregnant woman. A late term abortion is an abortion at 20 weeks or more in gestation. This is consistent with the definition provided by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists in its practice guideline on late term abortion.

How many late term abortions are performed in Australia every year? We don't know because only Victoria, Queensland and South Australia publish the figures. The other states are obviously ashamed of how many they perform. The total number of known late term abortions in 2024 was 5,559. Of those, 75 per cent were for non-life-threatening conditions. This makes a complete mockery of the leftist talking point that women don't abort their babies on a whim. Some do.

There is a strong case for the productivity benefit of paid parental leave though, including in cases of natural death of the child. One Nation quite clearly supports this. It's only the extension of this benefit to women who deliberately kill their baby, murder their baby, that One Nation objects to. I ask the Senate to support this amendment.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to 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.

Fatima Payman (WA, Australia's Voice) Share this | Link to this | Hansard source

I rise to speak in support of the Fair Work Amendment (Baby Priya's) Bill 2025, a bill that I believe is grounded in compassion and common sense. This is a good bill, but I believe it does not go far enough. It is a compassionate and practical reform that corrects a cruel inconsistency in our laws. It ensures that when a baby is stillborn or dies soon after birth an employer cannot unilaterally cancel paid parental leave that has already been approved. It brings basic decency into line with existing protections for unpaid parental leave. But this bill is only a very small step in addressing a far bigger problem. Australia's workplace laws still fail to properly recognise and support the reproductive health needs of women. As the Australian Council of Trade Unions has pointed out, reproductive health is not a niche concern; it's a universal one. ACTU president Michele O'Neil has said:

Reproductive health can impact all workers and will affect most workers at some stage in their life.

Too many workers have been penalised or forced to bow out of employment because of reproductive health issues.

We need universal paid reproductive leave so that women as well as men can balance work and care and stay in their jobs. That is the larger conversation we must have. This bill is a compassionate fix, but it must be the beginning and not the end of a broader effort to recognise reproductive health as a legitimate part of workplace life.

The origins of this legislation are heartbreaking, and I commend all my fellow senators for making contributions. It's named after a little girl, Baby Priya, who lived for just 42 days. I extend my deepest condolences and sympathies to her family and her parents. Priya's parents loved her deeply, and when she passed away her mother, who was prepared for months of parental leave, was told she was no longer eligible to take it. Her employer cancelled the leave on the basis that her baby had died. Her husband could take his leave, but she could not. This bill ensures that no parent will ever face that injustice again. It amends the Fair Work Act to prevent employers from refusing or cancelling employer-funded paid parent leave in cases of stillbirth or early infant death. It closes a gap in the law that left parents vulnerable to both grief and financial harm.

In the past week, like many senators in this place, I've received correspondence misrepresenting this bill. Some claim it incentivises late term abortions or that women will kill their babies for profit from taxpayer money. These claims are false. This bill deals only with employer-funded paid parental leave, leave that comes from an employment contract, a workplace policy or an enterprise agreement. It does not affect the Paid Parental Leave Act 2010, which governs government funded payments. It does not involve taxpayer money. It simply provides that where paid parental leave already exists under a workplace agreement, an employer cannot revoke it simply because of a tragedy.

The Fair Work Act already defines a stillborn child as one who weighs at least 400 grams or has reached 20 weeks gestation and shows no sign of life after birth or after delivery. That definition does not include pregnancies that have been lawfully terminated, and this bill does not alter that definition in any way. A woman who undergoes a termination is not and will not become eligible for paid parental leave or stillborn payments under this legislation as I understand it. For some people in this chamber to suggest otherwise is quite misleading and disingenuous to the Australian public. The claim that anyone could profit from ending pregnancy is very, very harmful. It dismisses the suffering of women who have experienced miscarriage, stillbirth or early infant death, and it fuels this dangerous narrative that distorts compassion into controversy. Each of the 76 senators in this place have either personally experienced or know of someone experiencing the realities of pregnancy, and let me tell you that it's not a simple walk in the park. It is a physical and emotional marathon requiring strong mental fortitude and a safe support network. For many families, it begins with years of fertility treatment, IVF cycles, hormone therapy and heartbreak. For others, it brings complex conditions, such as endometriosis and polycystic ovarian syndrome, and high-risk complications.

When a pregnancy ends in stillbirth, the loss is devastating. No-one chooses the pain; no-one experiences it to gain access to leave or payment. The grief of losing a child cannot be offset by a policy or a pay slip. I speak as a woman who's seen, through family, friends and countless constituents reaching out to talk about it, the profound physical and emotional labour of bringing life into this world and the devastation of losing it. It is highly insulting and very offensive to suggest that women would endure the emotional and physical suffering for financial gain.

This bill recognises that grief should not result in financial insecurity. It ensures that the leave a parent has already earned is protected, and it prevents the cancellation of that leave because of a stillbirth or an early infant death. Fairness and productivity go hand in hand. We've heard it multiple times: workplaces that treat people with decency retain skilled staff, improve morale and continue building that trust. Who would have thought that we'd be here debating and questioning the merits of compassion in building a stronger workforce?

As I alluded to earlier, this debate raises that broader issue of how our workplaces support reproductive health and women's continued participation in the workforce. Across the country, unions are campaigning for 10 days of paid reproductive health leave to cover IVF treatments, menopause, endometriosis, miscarriage and other reproductive needs. Women currently retire, on average, seven years earlier than men do, often not by choice but because workplaces fail to accommodate for their health needs. The General Secretary of the Queensland Council of Unions, Jacqueline King, put it plainly: 'For too long, generations of working women have had to show up to work in pain or juggle demanding treatments because of stigma and inadequate leave.' She said workplaces must recognise that 'people have families' and that 'they also have reproductive health'. This bill belongs in that same continuum of reform. It recognises that family, fertility and loss are not private inconveniences that need to be hidden from public discourse and policy but part of the human experience of working life.

As mentioned earlier by Senator Gallagher, there has been far too much moral panic about this legislation, obviously turning the compassion that we're seeking into a culture war headline. No, this bill does not fund abortions. No, it does not expand eligibility for government payments. No, it does not invite abuse. It simply closes a loophole that allowed employers to cancel paid parental leave after a stillbirth or an early infant death. We may hold personal beliefs about the ethics of pregnancy and birth, but this parliament must legislate on facts, not fear and misconceptions that are running rampant like wildfire. Many employers already act with compassion when tragedy strikes—they keep jobs open, they provide time to grieve and they check in long after the flowers have faded. This bill sets that compassion as a national standard for all. To those who still worry that such kindness might be exploited, I would say that the greater exploitation is to punish people for losing a child.

Colleagues, we cannot undo the pain that Baby Priya's parents have experienced, but we can ensure that no-one else endures the same bureaucratic cruelty. We can ensure that no mother is ever told: 'Because your baby didn't live, your leave doesn't count.' This bill says to every parent who has faced the unimaginable: 'Your grief will not be compounded by paperwork. Your dignity will not depend on your employer's discretion. The law will treat your loss with the respect it deserves.'

If we are serious about equality and the retention of women in the workforce, we must create workplaces that recognise life in all its forms, even in its loss. I commend the Fair Work Amendment (Baby Priya's) Bill 2025 to the Senate.

Carol Brown (Tasmania, Australian Labor Party) Share this | Link to 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.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

The Greens support the Fair Work Amendment (Baby Priya's) Bill, which is the result of a tireless advocacy campaign by Baby Priya's family and the Australian Services Union. We know that this bill, which extends paid parental leave to parents who have had a tragic stillbirth or lost an infant within the leave period, will make a huge difference for families who have suffered unimaginable losses. To go through this loss and then to be expected to immediately return to work is unfair, it is unjust, and it is unnecessary. This is an important step forward in doing our bit to support families and parents who are suffering tragic losses.

The fact that this bill has been weaponised by those on the Right in their awful campaign to police women's bodies is despicable and disgraceful. But I'm not surprised at all. They do this every time; they use the antichoice, anti-abortion playbook to push their far-right agenda. This is not a new tactic. It is old, it is tired and it comes straight from the US antichoice, far-right lobby.

The passage of this bill should be an important milestone and achievement for grieving families like Baby Priya's parents, who have stood up and shared their immense trauma to ensure that other parents don't have to go through what they have been through and that others can have the security of paid leave while they grieve and adjust. It should be a straightforward passage, where all sides of politics can feel proud. Instead, some have made it another battleground for hateful misinformation that seeks to control and shame women.

The MPs who are using this bill as an opportunity to demonise and shame women should themselves be utterly ashamed. Firstly, these men have no right to tell us what we can and cannot do with our bodies—absolutely none. Secondly, it is extraordinary that the harmful myth, the really harmful myth, that somehow women are lining up to have their pregnancies terminated the day before giving birth keeps being peddled by the Right. How utterly vile. Only a very small percentage of abortions occur after 20 weeks, and they are associated with severe medical conditions, such as the presence of genetic syndromes or major fetal abnormality, or situations where continuing the pregnancy would severely harm the mother's mental and physical health, as Dr Kirsten Black, Professor of Sexual and Reproductive Health at the University of Sydney, has explained. But that doesn't stop these MPs from politicising a deeply personal matter. They don't really care about facts. They just want control.

Well, we will not have a bar of it. Our rights are not up for debate. I have been fighting this fight along with so many in the community for a long time. I introduced the first bill to decriminalise abortion in New South Wales in 2017, and, when the archaic laws that criminalised abortion in New South Wales were finally thrown into the dustbin of history two years later, it was a proud moment for all of us who had been campaigning for decades for this change. These rights, women's rights, are always hard fought for and something we can never really take for granted in a patriarchal society, where some still want to control our bodies and our choices. Abortion is health care. Importantly, it is an issue of reproductive rights and body autonomy, and we must be unapologetic about fighting for women's rights, for human rights and for any person who needs access to reproductive health care having full and unambiguous bodily autonomy.

The MPs who have used this bill for perpetuating their barely guarded misogyny should just sit down and shut up. We have had enough.

Jess Walsh (Victoria, Australian Labor Party, Minister for Early Childhood Education) Share this | Link to this | Hansard source

I would like to start by reading out a statement from the woman who has brought us all here today to pass this bill, the Fair Work Amendment (Baby Priya's) Bill 2025, a bill that is about compassion and care and nothing less. This is a statement from Priya's mum: 'The Baby Priya bill is deeply special and important to me. Over the past few days I have watched the parliamentary speeches with tears, gratitude and love. I want to sincerely thank every speaker who has supported this bill wholeheartedly, with such compassion, sensitivity and care. Your words have moved me beyond measure, and each speech and story, and each acknowledgement of Priya and our journey, has moved me to the core. I am especially thankful to Minister Rishworth for honouring what this bill truly represents, which is my love and legacy for Priya, and the hope that no other bereaved parent will ever be treated unfairly or unjustly again. The Baby Priya bill is more than legislation. It is my symbol of love, strength and devotion to my daughter. I am proudly grateful to everyone who has embraced and supported this legacy of love. From the depths of my heart, I thank you. With love, Priya's mum.'

From the depths of all of our hearts, we thank Priya's mum for the courage that she has shown in advocating not just for herself but for all of the women and all of the families who find themselves in these devastating circumstances of facing the loss of a child and then facing the loss of employer paid parental leave that should be there to help them get through, that should be there to help them grieve, that should be there to help them heal and that, with the passage of the bill, will be there.

Australia is one of the safest places in the world for a baby to be born, but, sadly, stillbirths and child loss do happen. The loss of a child is one of the most devastating things a parent can experience. It has a profound and long-lasting impact on parents, families and their communities. These are incredibly difficult circumstances for workers and managers to navigate. 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. The changes made by this bill align employer paid parental leave with existing arrangements for unpaid parental leave entitlements and the government's Paid Parental Leave scheme, neither of which can be cancelled in the event of stillbirth or the death of a child, ensuring consistency for working parents and employers. This bill will not interfere where employers and employees have expressly agreed, including via an enterprise agreement, what should occur if a child is stillborn or dies. Provisions that refer generally to circumstances of pregnancy, such as some reproductive leave entitlements, will not be enough to override the protections in this bill.

I am disappointed to hear the contributions of a very small minority who have tried to say that this bill is about something that it is not about. What this bill is about is giving certainty to grieving parents at the most difficult time of their life. That's what it is about. As we've heard from the vast majority of members of all political colours who have contributed to this debate, this bill will make a positive difference. It will provide much-needed comfort and clarity to parents who are dealing with unimaginable pain. We cannot lose sight of the purpose of the bill or how important it is for these workers and for these families.

This reform is vital. It protects employer funded paid parental leave entitlements at one of the most difficult times a parent can face. Again I thank Baby Priya's mum, dad and grandparents for their fierce advocacy to ensure that no parent ever goes through what they did.

Question agreed to.

Bill read a second time.