Jenny Macklin (Jagajaga, Australian Labor Party, Minister for Families, Housing, Community Services and Indigenous Affairs) Share this | Hansard source

I move:

That this bill be now read a second time.

The Australian government believes that every child deserves the best start in life.

On 1 January 2011, this government delivered Australia's first national Paid Parental Leave scheme.

This historic reform provides eligible working parents with parental leave pay for up to 18 weeks at the national minimum wage.

This means that new parents can take time off to spend those precious few months with their new baby—without putting more pressure on the family budget.

This is real support going to Australian families right now—which lets them take time off to spend with their new babies, and helps them to give their children the best start in life.

This bill makes minor refinements to the legislation for the Paid Parental Leave scheme, by making amendments to improve clarity and consistency and making consequential amendments to the fair work legislation.

The amendments to the Paid Parental Leave Act 2010 will clarify notice provisions and processes for the recovery of debts, as well as refining provisions concerning delegations and nominees.

Good employees are important to a business, so it makes sense that, when an employee takes time off to care for a new baby, an employer would want to stay in touch with that employee—usually a new mum.

The Australian government's Paid Parental Leave scheme allows employees to 'keep in touch' with their workplace through training and professional development if they want to while on a period of paid parental leave. This provision helps make sure that women on parental leave have the same access to opportunities as other employees. This bill will amend the Paid Parental Leave Act so that a keeping-in-touch day that is taken at the request of the employer cannot occur within six weeks after the child's birth (or the placement of the child, in the case of an adoption). This amendment will allow sufficient time after the birth of a child for the mother to recover physically and will give her an uninterrupted period of six weeks for bonding with the child.

There will be a limited exception where an employee suggests or requests that they perform work on the keeping-in-touch day, in which case the day cannot be taken within two weeks after the child's birth (or placement of the child, in the case of an adoption). This exception will retain flexibility for employees.

A further amendment to the legislation will also allow employees who have completed 12 months continuous service with the Commonwealth to be paid by the Commonwealth agency they work for, regardless of how long they have been with that agency.

The bill will also make minor amendments to the Fair Work Act 2009. The Fair Work Act will be amended to make sure that employees on unpaid parental leave under the National Employment Standards will be able to perform paid work for up to 10 days for the purposes of keeping in touch with their employer. This will align with the keeping-in-touch arrangements under the Paid Parental Leave Act.

Under the Fair Work Act, eligible employees have the right to request an additional period of unpaid parental leave of up to 12 months. Employees who take additional unpaid leave will also get up to 10 additional keeping-in-touch days.

Under the Paid Parental Leave Act, employers have to provide written notice of parental leave pay to their employees. This bill will insert a note in the payslip provision of the Fair Work Act referring employers to this obligation.

The bill will also insert a number of notes into the Paid Parental Leave Act to refer readers to important provisions in the Fair Work Act which deal with, amongst other things, the new keeping-in-touch provisions, and protections against coercion and undue influence.

To provide greater flexibility for pregnant employees prior to the birth of a child, the Fair Work Act will be amended to allow an employee and employer to agree to unpaid parental leave commencing earlier than six weeks prior to the expected date of birth.

The Fair Work Act will also be amended to give parents the right to return to their employment, subject to four weeks' notice, in the event of a stillbirth or infant death.

The government's Paid Parental Leave scheme delivers real support to Australian families with a new baby. It is supporting Australian families to give their children the best start in life.

It is another historic reform, delivered by this Labor government. I commend the bill to the House

Debate adjourned.

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