Mark Arbib (NSW, Australian Labor Party, Minister Assisting the Prime Minister for Government Service Delivery) Share this | Hansard source

I move government amendment (6) on sheet AF249:

(6)    Page 86 (after line 29), at the end of Division 2, add:

99A  Payment of paid parental leave does not affect other employer obligations

                 An obligation of an employer to pay a person parental leave pay under this Act is in addition to any other obligation the employer may have in relation to the person, however that other obligation might arise (including, for example, under another law of the Commonwealth, a State or a Territory, or an industrial instrument (however described)).

This amendment seeks to address a question raised at the Senate inquiry as to whether the government scheme was offering entitlements that were additional to those that already exist or whether employers could use the government funding to offset their own schemes. This amendment removes any possible uncertainty over the issue. It makes it clear that an employer cannot use parental leave pay under this bill to meet their obligation to provide employer funded paid parental leave under an industrial agreement. This amendment simply confirms that the government’s PPL payment—