Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I am advised that, where a policy forms part of an employment contract or industrial instrument, this amendment makes clear that the obligation is additional to parental leave pay. Where a policy is applied in a purely discretionary way—that is, it is not part of the employment contract or industrial agreement—this amendment does not impact on the employer’s ability to vary its own policy. So it is the nature of being included in an industrial agreement or employment contract that is the key, as I understand it.

In terms of your concern in relation to the discussion we have just had, there is an implementation group which includes representatives of businesses to work through the implementation of these policies. If there is concern and confusion around the issue you raise, then that is the appropriate venue for that to be pursued. There will be an opportunity for us to work through that if there is any continuing concern.