Milton Dick (Oxley, Australian Labor Party) Share this | Hansard source

I also rise to add my voice to the debate on this bill, Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018. Following on from the member for Cunningham, I acknowledge her strong commitment and voice for many people on this. The long list of speakers clearly shows that members of this House and, indeed, the Australian public are committed to ending the scourge that is family and domestic violence. Whilst in recent times this issue has, rightly, seen more coverage in the news and in the community, in many circles it is, sadly, still a taboo topic that is simply swept under the carpet and ignored. A bruised eye from an argument over dinner, broken dishes from a disagreement about paying the bills, or even just the mental pain from repeated threats, bullying and intimidation—all of these acts are considered to be family or domestic violence and can be overlooked or ignored. But, together as a parliament and as a nation, we must say: 'no more'.

My colleagues speaking before me have read out the shameful statistics when it comes to domestic violence, particularly against women. The numbers are as large as they are shocking. The headline figure—that, on average, one woman a week is murdered by her current or former partner—tells us this is truly a national crisis. Coupled with statistics like the fact that since the age of 15 one in four women have experienced emotional abuse by a current or former partner, we can see that the problem runs deeper and deeper. These are our sisters, our mothers, our partners, our wives, our aunts and even, in my case, a grandmother. Keep in mind that these numbers are only those women who have the courage and who are brave enough to speak up, and we must encourage more women to do so. We also know that since the age of 15 7.8 per cent of Australian men have experienced violence by a partner.

All forms of violence are unacceptable, which is why it is paramount that this parliament leads the way to ensure that those suffering or escaping from family and domestic violence are given the support they need. Today we go some way towards doing just that. The bill we are debating today, the Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018, follows the decision of the Fair Work Commission in March this year to insert into modern awards a clause providing for five days unpaid family and domestic violence leave. This decision came into effect from 1 August this year, meaning that more than two million award-reliant employees are now entitled to five days unpaid domestic violence leave. This new legislation will apply to all employees, including casuals; will be available in full at the commencement of each 12-month period rather than accruing progressively during a year of service; will not accumulate from year to year; and will be available in full to part-time and casual employees. This is certainly a step in the right direction but, I'm afraid to say, comes up short against what is truly needed for victims of domestic violence to feel safe and empowered and to have the time they need to get their life on track. Five days of unpaid leave, whilst a good start, leaves a hole in the family budget and leaves those fleeing from domestic violence a small window to find safety and shelter.

Tonight, I say we must do more. That's why the Leader of the Opposition, Bill Shorten, has announced that a new Shorten Labor government, if privileged to be elected, would invest $18 million over three years to 2021-22 to ensure that Keeping Women Safe In Their Home continues after the government has confirmed it was cutting funding for the program. This program provides practical help for women and children in their homes, allowing them to live safely away from perpetrators through expert safety assessments and safety planning; home safety upgrades and devices such as new locks, alarms, cameras and safety phones; screening for bugs to ensure privacy; and supporting women in enforcing apprehended violence orders. Everyone deserves to feel safe in their home. Women should not have to choose between their home and their safety, and neither should their children, yet this is not the case for many women who have left violent or abusive relationships.

I was proud to be here on White Ribbon Day last year when the Leader of the Opposition, Bill Shorten, announced that a new Labor government would also legislate for 10 days of family violence leave in the National Employment Standards. To this day, my Labor colleagues and I stand by this policy, because it is the right thing to do and because it is what is necessary and it is what is required to support the victims. Almost 40 per cent of women continued to experience violence from their partner while temporarily separated. It's facts like this that show why five days is just too short. We know the most dangerous time for a woman is when she is leaving a violent relationship. She will often need to find new accommodation and security, get an AVO from police, seek treatment for injuries or perhaps attend court appearances.

Earlier this year, this bill was referred to the Senate Employment and Education Legislation Committee, which handed down its report just over a month ago. This allowed the community, organisations and victims of domestic violence to have their say on the merits and also the shortcomings of this legislation. In their submission to the inquiry, the Acting Federal Secretary of the Australian Nursing & Midwifery Federation, Lori-Anne Sharp, said:

The introduction of Family and Domestic Violence Leave to the entitlements enshrined in the National Employment Standards is an appropriate and welcome safety net to benefit all working Australians.

She also said:

The ANMF's membership of nurses, midwives and carers is approximately 90% female. As family and domestic violence predominantly affects women, this means a significant proportion of the ANMF's membership will at some time in their working lives, be affected by family and domestic violence.

However, she said:

The ANMF considers the provision of 5 days unpaid leave to be a starting point only. The ANMF calls for family and domestic violence leave to be paid leave and for the cap of five days to be removed.

Rape & Domestic Violence Services Australia went one step further and said:

At a workplace level, the introduction of FDV leave may challenge attitudes and workplace cultures that support or condone violence against women. It may assist individual staff and managers to recognise and respond to signs that an employee might be experiencing violence at home.

Perhaps the most notable submission, from my perspective, came from the Queensland government who, through the hard work of the Palaszczuk Labor government, has led the way on reforms in this country to give victims of family and domestic violence the support they need. Queensland was the first state to put an entitlement to paid domestic and family violence leave into law as part of the raft of significant new protections for workers under the state's Industrial Relations Act 2016. In doing so, the Queensland government delivered on the recommendations of the landmark Not now, not ever report from Dame Quentin Bryce for a 10-day paid domestic and family violence leave entitlement. I pay tribute and credit to the Minister for Industrial Relations, the Hon. Grace Grace, who said when introducing that legislation:

… just as our workplace laws support workers with leave entitlements in circumstances when they are sick or when their family is sick or when they lose a loved one, those workers experiencing domestic and family violence need and deserve the same type of support to help them in those most desperate of times.

The entitlement in the IR Act, however, only extends to workers in the Queensland industrial relations jurisdiction. To ensure this same support is available to all workers in Queensland and across the country, the Queensland government has consistently called for the provision of a legislative entitlement to paid domestic and family violence leave in the National Employment Standards. Their submission particularly noted that paid leave of up to 10 days is necessary to afford genuine and practical workplace support to employees experiencing domestic and family violence.

Some industry and employer groups will criticise Labor's policy as undermining the decision of the independent umpire. They may claim that 10 days of paid family and domestic violence is leave is an unacceptable burden on employers, particularly small business, but research shows this is just not the case. In their submission to the Senate inquiry, the Law Council of Australia stated:

There are currently over 1,200 enterprise agreements which contain some form of domestic and family violence leave … Despite fears expressed by some groups that including such leave would cause financial hardship to employers through high rates of usage, a 2015 study of 102 employers who offered domestic leave found that the average paid leave taken in the past 12 months was only 43 hours and the average unpaid leave taken … was 19 hours … The workplaces that participated in the study did not report that providing family and domestic leave was an unaffordable burden for their organisation.

Flagship companies that are already leading the way with 10 days paid family and domestic violence leave include Carlton & United Breweries, Telstra, NAB, Virgin Australia, IKEA and Qantas. These employers and many others have paved the way and helped reduce the stigma that often accompanies domestic violence. So too have Australia's unions, campaigning for paid domestic and family violence leave over many years and negotiating domestic leave coverage in Australian workplaces. Only a few days ago, ALDI Australia became the latest business to unveil an expanded domestic violence leave policy amid a broader effort for employers to better support workers with policies which go above and beyond the law. ALDI will now provide its 12,000 full-time employees with access to 10 days of paid domestic violence leave and will also include an additional $250 offered for incidental expenses workers may incur as a result of family and domestic violence. It's clear the business community is up for this, so I ask: why isn't the government?

There is perhaps no greater example through than what our communities are doing on the ground each and every day. This includes, in my own local community, the Inala Says kNOw program, which I'm immensely proud to work with. The program launched last year with a symposium at Glenala State High School, under the leadership of their principal, Anne Lawson. It was attended by hundreds of students and community leaders alongside dozens of stallholders, including the Brisbane Domestic Violence Service, Churches of Christ, Child and Youth Mental Health Services, and the Domestic Violence Action Centre. Glenala State High School captains unveiled the Inala Says kNOw murals, consisting of 264 individual painted tiles of personal messages, quotes and designs that the students had painted during lunchtime. And Inala Says kNOw stickers designed by Glenala State High School student Jennifer Ngo have now been placed on over 70 local business shopfronts to show that the conversation about domestic and family violence has continued outside of the symposium and that the community is taking a collective stance against it.

All of this would seem to tell us that we are heading in the right direction. But sadly it may seem not so. If you look at the ABS release of findings from the 2016 personal safety survey—it was the first consolidated ABS data released on violence against women since the 2012 census—it recorded a 13 per cent increase in partner violence against women. Last year alone, 211,700 Australian women experienced violence at the hands of a current or former partner. Let me put such a large number in numbers which are perhaps more manageable. If you divide that number by the number of days in the year, it means that, from when we woke up this morning to tomorrow morning when we wake up, over 570 assaults and attacks will be recorded—overnight.

So it starts with us here and now in this parliament today that we representatives of the people provide the support and backing that the victims need and deserve. The ABS estimates that around two out of every three women who experience domestic violence are in the workplace. There can be no doubt that a comprehensive response to domestic involves a workplace response. This is what we ask the government to do today.

Whilst Labor will support this bill, it cannot end here. Labor has listened to victims, frontline workers, businesses, unions and organisations that deal with domestic violence. Their clear message is that people who have experienced domestic violence need more support in the workplace, which is why we call on the government to go one step further and legislate for 10 days of paid domestic and family violence leave.

Only when we give our full and unconditional support to victims will we see them properly supported. I have spoken to many service providers in my own community over many years and looked into the faces of people, particularly women, who have fled situations and who have told me their harrowing stories. They are not easy conversations to have, but they are important conversations to have. Today I pledge my support to do everything I can to ensure that those people fleeing family and domestic violence have the support, recognition and leave that they deserve.

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