Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I understand that there is a time imperative in relation to the bill and that we will hit a hard marker at 12:15. I therefore will endeavour to get as many questions on the record as possible, and I would seek to work with the minister in that respect.

Minister, you will be aware that, in relation to the decision of the Fair Work Commission, there are three parts of this bill that go beyond what the provisional decision was. The bill was examined in the committee, and during that committee process there were a number of questions that were asked on behalf of, in particular, small businesses around Australia, and adequate information was not provided. In terms of the questions I would like to put to you, I will give you a heads up to the topic so that the department and your office can provide you with the information. They will be in relation to the ability of perpetrators to access the leave, the reporting obligations of employers, the amendment that the government will be moving in relation to the payslips, which the opposition has indicated it will be supporting. I also have some questions in relation to the inclusion of casuals, the rate of pay and accrual. In relation to perpetrators, I will do them as a block of questions to enable you to respond in a timely fashion.

At the committee hearing in relation to this matter—I do note that Senator Brown has made some further comments in her summing-up speech—the department itself, at that time, could not confirm with certainty whether perpetrators will have access to paid family and domestic leave. Can I get the minister to outline the government's position, the reason being, obviously, that people turn to the Hansard to interpret decisions that are being made? Can the minister outline the government's position clearly? In other words, is it a guarantee that perpetrators of domestic violence will not be able to access paid family and domestic violence leave under this legislation? If someone were to take paid family and domestic violence leave and were then found out to be the perpetrator of the reason for leave, what course of action does the employer then have in relation to this particular employee? Also, are they able to recoup the monies paid to the employee in accessing the leave? Are you able to take us through the safeguards the government has put in place in the legislation to ensure that it is not accessed by perpetrators?

The other question that's being asked by businesses, and small businesses in particular—I note that it was also raised by the Australian Greens—is: does the government agree with the suggestion that perpetrators should be able to access paid family and domestic violence leave to attend counselling on how not to commit domestic violence? That's the block of questions, so could I get your response to them for the Hansard? Thank you.