Brendan O'Connor (Gorton, Australian Labor Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

by leave—I move amendments (1) to (18), as circulated in my name, together:

(1) Title, page 1 (line 2), omit "unpaid".

(2) Schedule 1, item 1, page 3 (after line 7), after the definition of family and domestic violence, insert:

family and domestic violence leave means:

(a) paid family and domestic violence leave; or

(b) unpaid family and domestic violence leave.

paid family and domestic violence leave means paid family and domestic violence leave to which a national system employee, other than a casual employee, is entitled under subsection 106A(1).

(3) Schedule 1, item 1, page 3 (lines 9 and 10), omit "a national system employee is entitled under section 106A", substitute "a national system employee who is a casual employee is entitled under subsection 106A(4)".

(4) Schedule 1, item 2, page 3 (line 13), omit "unpaid".

(5) Schedule 1, item 3, page 3 (line 16), omit "unpaid".

(6) Schedule 1, item 4, page 3 (line 19), omit "unpaid".

(7) Schedule 1, item 5, page 3 (line 22), omit "Unpaid family", substitute "Family".

(8) Schedule 1, item 5, page 3 (line 23) to page 4 (line 21), omit section 106A, substitute:

106A Entitlement to family and domestic violence leave

Paid family and domestic violence leave—employees other than casual employees

(1) An employee, other than a casual employee, is entitled to 10 days of paid family and domestic violence leave for each year of service with his or her employer.

(2) An employee's entitlement to paid family and domestic violence leave:

(a) accrues progressively during a year of service according to the employee's ordinary hours of work; and

(b) does not accumulate from year to year.

Note: If an employee's employment ends during what would otherwise have been a year of service, the employee accrues paid family and domestic violence leave up to when the employment ends.

(3) An employee may take paid family and domestic violence leave as:

(a) a single continuous 10 day period; or

(b) separate periods of one or more days each; or

(c) any separate periods to which the employee and the employer agree, including periods of less than one day.

Unpaid family and domestic violence leave—casual employees

(4) A casual employee is entitled to 5 days of unpaid family and domestic violence leave in a 12 month period.

(5) An employee's entitlement to unpaid family and domestic violence leave:

(a) is available in full at the start of each 12 month period of the employee's employment; and

(b) does not accumulate from year to year.

(6) For the purposes of subsection (5), the start of a casual employee's employment with a particular employer is taken to be the start of the employee's first employment with that employer.

(7) An employee may take unpaid family and domestic violence leave as:

(a) a single continuous 5 day period; or

(b) separate periods of one or more days each; or

(c) any separate periods to which the employee and the employer agree, including periods of less than one day.

(8) To avoid doubt, subsections (4) to (7) do not prevent the employee and the employer agreeing that the employee may take more than 5 days of unpaid leave to deal with the impact of family and domestic violence.

(9) Schedule 1, item 5, page 4 (line 22), omit "unpaid".

(10) Schedule 1, item 5, page 4 (line 23), omit "unpaid".

(11) Schedule 1, item 5, page 5 (after line 11), after section 106B, insert:

106BA Employee not taken to be on paid family and domestic violence leave at certain times

Public holidays

(1) If the period during which an employee takes paid family and domestic violence leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid family and domestic violence leave on that public holiday.

Other periods of leave

(2) If the period during which an employee takes paid family and domestic violence leave includes a period of any other leave (other than unpaid parental leave) under this Part, or a period of absence from employment under Division 8 (which deals with community service leave), the employee is taken not to be on paid family and domestic violence leave for the period of that other leave or absence.

106BB Payment for paid family and domestic violence leave

If, in accordance with this Subdivision, an employee takes a period of paid family and domestic violence leave, the employer must pay the employee at the employee's base rate of pay for the employee's ordinary hours of work in the period.

Note: For casual employees, family and domestic violence leave is unpaid.

(12) Schedule 1, item 5, page 5 (line 23), omit "unpaid".

(13) Schedule 1, item 6, page 6 (line 11), omit "unpaid".

(14) Schedule 1, item 7, page 6 (line 25), omit "an employee", substitute "a casual employee".

(15) Schedule 1, item 7, page 7 (lines 1 to 7), omit subclause 39(2), substitute:

(2) For the purposes of this clause, the start of a casual employee's employment with a particular employer is taken to be the start of the employee's first employment with that employer.

(16) Schedule 1, item 7, page 7 (line 9), omit "unpaid".

(17) Schedule 1, item 7, page 7 (line 18), omit "unpaid".

(18) Schedule 1, item 7, page 7 (line 23), omit "unpaid".

These amendments seek to achieve the following: firstly, preserve five days unpaid family and domestic violence leave for casual employees as provided for in the bill and, secondly, provide 10 days paid family and domestic violence leave for employees other than casuals. This leave will accrue over a 12-month period but will not accumulate from year to year. Consistently with other paid leave provisions in the National Employment Standards, family and domestic violence leave will be paid at the base rate of pay, and employees will not be taken to be on family and domestic violence leave during public holidays or while taking other forms of leave.

I move these amendments because we support the bill, but it doesn't go far enough. We commend the government for introducing proposed legislation that will effectively broaden the application of a decision by the Fair Work Commission, but it does not go far enough. On average, one woman a week is killed as a result of domestic violence. This is a shame; it's a scourge, a national tragedy. We need to attend to it in many ways, in multifaceted ways, and one way is to provide greater support in workplaces. This bill seeks to do that, but the second reading amendment attempted to and now these amendments I move on behalf of the opposition will improve and strengthen the support for women who are subject to violence.

Every member of this place would agree that we have to do more to respond to this crisis. We have to do more, and we can do more, and certainly in this public policy area we should do more, and we're not alone in thinking that. It's true to say, as the minister has said, that she seeks to reflect the decision of the commission. The minister also made clear that they considered the submissions made by stakeholders and people who are interested parties to these matters, but those submissions also, in many cases, supported the proposition that, to provide support in workplaces, it's an imperative that it include paid leave.

As I say, it's not that this is not already happening in workplaces. For some years now, there have been workplaces where there is paid family and domestic violence leave. I firstly want to pay tribute to the unions that have been bargaining for this right, this provision, with employers in good faith and striking agreements across all industries. That's the first thing I would like to say on behalf of employees in relation to the efforts of unions.

The second thing I would like to say that is I pay tribute to those companies who have either agreed to requests or submissions by unions, by their workers, to have such a paid entitlement, a paid right, or initiated having provisions of industrial instruments that provide paid family and domestic violence leave, and there are many. I have mentioned a few before, but I just want to go to that, because they do deserve commendation: Carlton & United Breweries, IKEA, National Australia Bank, Qantas, Telstra, Virgin Australia and many, many more.

This year we had the New Zealand government legislate paid family and domestic violence leave, guaranteeing 10 days paid leave for all workers who are experiencing violence and who need to escape. In our own state jurisdictions we have had Queensland and Western Australia offer 10 days paid domestic violence leave to their workforce, while South Australia offers 15 days and Victoria and the ACT offer 20 paid days.

Whilst that is a right, and of course it should cover anyone who is subject to violence, it is not a type or form of leave that is going to be used too often. In fact, if we do more to address violence in our society, particularly the violence that women are subjected to, then there will be far less need for such support. But the reality is that every other government gets it. Increasingly, governments are legislating to provide paid leave. New Zealand has just initiated paid leave. Flagship companies have introduced family and domestic violence leave, which is paid leave. It really seems now that the government is resisting what is becoming a clear community expectation: that there is more support for women who are subject to violence.

I believe the minister is sincere in her concerns about this issue, but I do believe the government could do better and join Labor and support these amendments, because in doing so we will see a more comprehensive bill that reflects community expectations. I think people want to see governments take a lead. I think it's fair to say on a number of social issues the government—indeed, this place, the parliament—has followed community expectation. I think it's now time to consider that there is a critical mass of support in workplaces for such a change in employment conditions.

As I say, flagship companies, state governments and other countries are providing family and domestic violence paid leave. I think we should be doing the same here. For that reason, Labor certainly wants the government to reconsider its position. I say to the crossbench: I think that you have a role here too. Given the state of the parliament and the composition of the parliament, there is a great opportunity here to provide genuine support.

Whilst this is a form of material support for women subject to violence, it is something else too. Institutionalising this form of support to women in workplaces also sends a message to those women that they should not feel the stigma that women often do feel when they are subject to such violence. Sure, this is a form of material support, but it does send a message that they should not feel so ashamed that they feel unable to speak out and seek support in their workplace or elsewhere. I do believe that if the government were to accede to these amendments we would have a more comprehensive form of support, it would reflect increasingly what's happening in workplaces anyway and it would show that the government takes this issue seriously.

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