Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

As I understand it, before the break we were at the point where Senator Fielding was about to contribute in respect of this particular provision. That is my recollection, and I will wait for an indication around the chamber about that. Dealing with the substantive matters, I think that, having focused on this issue for some time, the government supports the Greens proposal to extend the right to request to the parents of disabled children. That is amendment (4); I think Senator Abetz dealt with that some time earlier, but we are not dealing with that at this juncture. But the government is not prepared—and I wanted to soften the blow—to extend the existing legislation as broadly as is otherwise proposed in amendments (1) to (3) and, if it is of some help to Senator Siewert in her deliberations this afternoon, (5).

The government considers that the right-to-request provisions balance the reasonable need of businesses with recognition that working families can find it particularly difficult to balance work and family responsibilities. Of course, it is always open for employers and employees to discuss flexible workplace arrangements and reach sensible agreements that meet the needs of both parties. Nothing in the legislation prevents this occurring. It is also worth observing that existing discrimination law may provide a remedy for employees with these additional caring responsibilities if the reason for the refusal of their request amounts to unlawful discrimination. There are a range of existing laws around antidiscrimination that would also kick in. The NES entitlement to paid and unpaid carers leave also provides a source of support for employees to care for a member of their immediate family or household who requires the employee’s care and support. Perhaps I could cease at that point. I think I have provided at least a reasonable explanation of what the government’s stance is. Let us see how the debate unfolds from here.