David Pocock (ACT, Independent) Share this | Hansard source

by leave—I, and also on behalf of Senator Lambie and Senator Babet, move amendments (1) to (3) on sheet 2438 together:

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Schedule 1, items 16 and 17, page 11 (line 2) to page 13 (line 17), omit "this Act" (wherever occurring), substitute "this Schedule".

(3) Page 14 (after line 18), at the end of the Bill, add:

Schedule 2 — Other amendments

Paid Parental Leave Act 2010

1 Section 6

Insert:

small business employer: see subsection 101(7).

2 Section 100

Omit:

Under Division 2, the Secretary must make an employer determination if the Secretary is satisfied that certain conditions have been met. Not all of those conditions need to be satisfied for a person if the employer has made an election under Division 4 that applies to the person and the person consents to the employer paying the instalments.

substitute:

Under Division 2, the Secretary must make an employer determination if the Secretary is satisfied that certain conditions have been met. Not all of those conditions need to be satisfied in certain circumstances.

3 After paragraph 101(1)(c)

Insert:

(ca) the employer is not a small business employer; and

4 After subsection 101(2)

Insert:

Effect of employee consent

(2A) Paragraph (1)(ca) does not apply in relation to a person if the person has consented in the claim to the employer paying instalments to the person.

5 At the end of section 101

Add:

Meaning of small business employer

(7) An employer is a small business employer at a particular time if the employer employs fewer than 10 employees at that time.

6 Paragraph 207(3)(b)

Omit "101(1)(d)", substitute "101(1)(ca), (d)".

7 At the end of subsection 207(3)

Add:

Note 3: Subsection 101(2A) deals with the application of paragraph 101(1)(ca) if the employee has consented to the employer paying instalments to the person.

8 Paragraph 224(2)(b)

Omit "101(1)(d)", substitute "101(1)(ca), (d)".

9 At the end of subsection 224(2)

Add:

Note 3: Subsection 101(2A) deals with the application of paragraph 101(1)(ca) if the employee has consented to the employer paying instalments to the person.

10 Application of amendments

The amendments of the Paid Parental Leave Act 2010 made by this Schedule apply in relation to claims made on or after the commencement of this item.