Cathy O'Toole (Herbert, Australian Labor Party) Share this | Hansard source

I would like to tell you the story of a young woman that is a classic example in the cycle that is family and domestic violence. Anna was married and had two children. Her children were still in primary school when the abuse began. And after multiple acts of violence over a period of a few years, enough was enough and one day Anna was courageous enough to leave. Anna expected the emotional turmoil and the unfortunate but expected incidents with her ex-husband, but what Anna didn't expect was the time she needed during her work hours to get the protection she and her children needed. She was told she'd need to apply to the courts for an intervention order to protect herself from her ex-partner. Many of the meetings she needed to attend to protect herself and her children were only available during business hours, when she was required to be at work. Anna struggled on for months in secret, taking time off work as sick leave. By the time Anna told her employer what was happening, she had missed a lot of work and was worried then that she might lose her job. However, Anna was lucky. What she hadn't known was that her employer was willing to offer her domestic violence leave. This was the support that she needed to get her life in order without the risk of losing her job. However, sadly, Anna is not alone: more than 210,000 Australian women were victims of family and domestic violence in 2016.

The Australian Bureau of Statistics estimates that around two out of every three women who experience family and domestic violence are in the workforce. There can be no doubt that a comprehensive response to family and domestic violence involves a workplace response, because being a victim of family and violence can put jobs at risk. Women, like Anna, may need time off work, because they are injured and need to attend medical appointments, have to go to court to get a restraining order, or have to pack up and move house. We know financial insecurity makes women more vulnerable to family and domestic violence. We know being a victim of family and domestic violence makes you more likely to experience lifelong economic disadvantage. It is a very vicious cycle. Having a job and some degree of financial independence makes it easier for women who want to leave an abusive relationship. It's easier to walk away when you don't have to worry about whether you'll be able to afford the rent or whether you'll be able to put food on the table for children. One in twelve women return after trying to leave a violent relationship, in part because they have nowhere to go and are struggling to support themselves and their children. That's not a price anyone should have to pay when trying to stay safe. That is why it is so important that women have the financial support to ensure they stay employed.

I have heard from many frontline workers in Townsville in the domestic violence services who say the women that they are helping are delaying leaving violent relationships as they fear that taking time off work will lead to them losing their job. Women should never be in a position where they have to choose between staying alive and keeping their children safe or keeping their job. And it is very good news that many employers and companies understand that women who are victims of family and domestic violence need to be supported to keep their job. Telstra, NAB, CUB, Qantas, Virgin Australia, IKEA, Dulux and Blundstone all provide paid domestic violence leave. Medibank has announced that it will start providing unlimited personal leave for employees to deal with issues relating to family and domestic violence. These companies demonstrate that there is a clear business case for supporting your employees through tough times.

We know that, in addition to the terrible personal and social cost of family and domestic violence, there is also a significant cost to business. In May 2016, KPMG estimated that the cost of family violence against women and their children to production and in the business sector was $1.9 billion for the year 2015-16. Even a small reduction in family and domestic violence rates from the introduction of paid leave would more than pay for a few days of additional leave.

State governments are also following suit. Western Australia, Queensland, Tasmania and the ACT now provide 10 days paid domestic violence leave for people working in the public sector. Others, such as South Australia and Victoria, provide more.

Federal Labor has been calling for some time for the introduction of paid family and domestic violence leave. Sadly, for far too long, we did not see much but walls and whiteboards from those opposite. The former Minister for Women Michaelia Cash thought family and domestic violence leave would provide a 'perverse incentive' for employers to discriminate against women. Finance Minister Cormann has been so callous as to describe paid family and domestic violence leave as just 'another cost on our economy'. Women did not need those comments. Victims did not need the LNP pushback. These comments demonstrated ignorance regarding this issue, a critical issue for both women and the national economy.

Research by the Australia Institute in 2016 estimated that family and domestic violence leave wage payouts would be equivalent to less than one-fifth of one per cent, 0.02 per cent, of existing payrolls. The study also found that the costs to employers associated with these payouts are likely to be largely or completely offset by benefits to employers associated with the provision of paid family and domestic violence leave, including reduced turnover and improved productivity.

Many companies have already started picking up where the LNP government has failed. More than 1,000 enterprise agreements approved under the Fair Work Act between 1 January 2016 and 30 June 2017 provided for 10 or more days of paid family and domestic violence leave. We shouldn't have to lobby this government for what is rapidly becoming the norm. The Male Champions of Change Playing our part report in 2015 also outlined this point, suggesting that 10 days paid leave appears to be developing to be the norm.

After much lobbying effort, we have this bill here today, which, it must be said, does not go anywhere near far enough. This bill implements five days paid family and domestic violence leave, which falls short of the growing norm and Labor's commitment to 10 days. It is a grudging effort by those opposite. 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 a clause into modern awards providing five days unpaid family and domestic violence leave. This decision came into effect on 1 August this year, meaning that more than two million award-reliant employees are now entitled to five days unpaid family and domestic violence leave. The bill amends the National Employment Standards to provide all employees with an entitlement of up to five days unpaid family and domestic violence leave if they are experiencing family and domestic violence and need to do something to deal with the impact of that family and domestic violence and it is impractical to do that thing outside of their ordinary hours of work.

The provisions of the Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 appear to reflect a model clause and provide the five days unpaid family and domestic violence leave entitlement. It 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—that is, not pro rata.

It is disappointing that it has taken this long for the LNP government to move from their absolute opposition to family and domestic violence leave to their belated support for unpaid leave. We note that the government first committed to unpaid leave at the end of March but did not introduce this bill until now. For more than six months, victims have had to wait.

We know that 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 apprehended violence order from police, seek treatment for injuries and perhaps attend court appearances. As was the case for Anna: she needed to take time off work to do these vital things to keep herself and her family safe. She would not have to worry about losing her job to do so, and that would be a good thing. She should be able to count on continuing to receive a pay cheque and being able to go back to work.

Last year Labor announced that a Shorten Labor government would introduce 10 days paid domestic and family violence leave into the National Employment Standards. As I said, it is disappointing that the LNP government will not be bipartisan on this important and life-saving commitment. Ten days is what a fair and reasonable community would expect. In meeting with women, family and domestic violence services, victims and unions the message is clear: 10 days of domestic and family violence leave is needed and it is urgently needed.

I support this bill, but I call on the LNP government to urgently enact the 10 days paid family and domestic violence leave that is so desperately needed by so many women and children in our communities.

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