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senate vote 2024-03-18#7
Edited by
mackay staff
on
2024-03-29 11:50:30
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Title
Bills — Paid Parental Leave Amendment (More Support for Working Families) Bill 2023; in Committee- Paid Parental Leave Amendment (More Support for Working Families) Bill 2023 - in Committee - 12 months of leave by 2030
Description
<p class="speaker">Larissa Waters</p><p>by leave—I move Australian Greens requests Nos (1) to (3) on sheet 2455 together:</p>-
- The majority voted against [requests for amendment ](https://www.openaustralia.org.au/senate/?gid=2024-03-18.41.1) introduced by Queensland Senator [Larissa Waters](https://theyvoteforyou.org.au/people/senate/queensland/larissa_waters) (Greens), which means they failed.
- ### What do these requests for amendments do?
- Senator Waters [explained that](https://www.openaustralia.org.au/senate/?gid=2024-03-18.41.1):
- > *This amendment would implement one of the recommendations of the Women's Economic Equality Taskforce, whose recommendations, sadly, have been largely gathering dust on the shelf, despite them all being extremely meritorious. This amendment would say: 'Let's move up to 12 months paid parental leave [PPL] by 2030.' Australia has been lagging behind comparable countries in terms of the length of PPL and, I might add, in terms of the rate. This amendment would redress that and would move us up to international best practice of 12 months by 2030.*
- ### Amendment text
- > *That the House of Representatives be requested to make the following amendments:*
- >
- > *(1) Schedule 1, item 4, page 3 (lines 13 to 18), omit the item, substitute:*
- >
- >> *4 Paragraph 21(1)(a)*
- >>
- >>> *Omit all the words after "a total of", substitute:*
- >>>
- >>> *": (i) if the child is born before 1 July 2024—10 flexible PPL days; or*
- >>>
- >>> *(ii) if the child is born between 1 July 2024 and 30 June 2025—20 flexible PPL days; or*
- >>>
- >>> *(iii) if the child is born between 1 July 2025 and 30 June 2026—25 flexible PPL days; or*
- >>>
- >>> *(iv) if the child is born between 1 July 2026 and 30 June 2027—25 flexible PPL days; or*
- >>>
- >>> *(v) if the child is born between 1 July 2027 and 30 June 2028—30 flexible PPL days; or*
- >>>
- >>> *(vi) if the child is born between 1 July 2028 and 30 June 2029—35 flexible PPL days; or*
- >>>
- >>> *(vii) if the child is born between 1 July 2029 and 30 June 2030—35 flexible PPL days; or*
- >>>
- >>> *(viii) if the child is born on or after 1 July 2030—40 flexible PPL days; and".*
- >
- > *(2) Schedule 1, item 12, page 8 (lines 24 to 29), omit paragraphs 31ABA(1)(b) to (d), substitute:*
- >
- >> *(b) for a child born between 1 July 2024 and 30 June 2025—130 flexible PPL days for the child; or*
- >>
- >> *(c) for a child born between 1 July 2025 and 30 June 2026—150 flexible PPL days for the child; or*
- >>
- >> *(d) for a child born between 1 July 2026 and 30 June 2027—170 flexible PPL days for the child; or*
- >>
- >> *(e) for a child born between 1 July 2027 and 30 June 2028—190 flexible PPL days for the child; or*
- >>
- >> *(f) for a child born between 1 July 2028 and 30 June 2029—210 flexible PPL days for the child; or*
- >>
- >> *(g) for a child born between 1 July 2029 and 30 June 2030—230 flexible PPL days for the child; or*
- >>
- >> *(h) for a child born on or after 1 July 2030—260 flexible PPL days for the child.*
- >
- > *(3) Schedule 1, item 12, page 9 (lines 11 to 16), omit paragraphs 31ABA(2)(b) to (d), substitute:*
- >
- >> *(b) for a child born between 1 July 2024 and 30 June 2025—110 flexible PPL days for the child; or*
- >>
- >> *(c) for a child born between 1 July 2025 and 30 June 2026—125 flexible PPL days for the child; or*
- >>
- >> *(d) for a child born between 1 July 2026 and 30 June 2027—145 flexible PPL days for the child; or*
- >>
- >> *(e) for a child born between 1 July 2027 and 30 June 2028—160 flexible PPL days for the child; or*
- >>
- >> *(f) for a child born between 1 July 2028 and 30 June 2029—175 flexible PPL days for the child; or*
- >>
- >> *(g) for a child born between 1 July 2029 and 30 June 2030—195 flexible PPL days for the child; or*
- >>
- >> *(h) for a child born on or after 1 July 2030—220 flexible PPL days for the child.*
- *Statement pursuant to the order of the Senate of 26 June 2000*
- > *Amendment (2)*
- >
- >> *Amendment (2) is framed as a request because it amends the bill to bring forward the increase in the maximum number of days for which paid parental leave can be paid from 1 July 2026 to 1 July 2024. The amendment also progressively increases the maximum number of days for which paid parental leave can be paid at the start of each financial year starting between 1 July 2025 and 1 July 2030.*
- >>
- >> *As this will increase the total amount of paid parental leave that can be paid in relation to children born on or after 1 July 2024, the amendment will increase the amount of expenditure under the standing appropriation in section 307 of the Paid Parental Leave Act 2010.*
- >
- > *Amendments (1) and (3)*
- >
- >> *Amendments (1) and (3) are consequential to amendment (2).*
- *Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000*
- > *Amendment (2)*
- >
- >> *If the effect of the amendment is to increase expenditure under the standing appropriation in section 307 of the Paid Parental Leave Act 2010 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.*
- >
- > *Amendments (1) and (3)*
- >
- >> *These amendments are consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.*
<p class="italic">That the House of Representatives be requested to make the following amendments:</p><p class="italic">(1) Clause 2, page 2 (table item 1), omit the table item, substitute:</p><p class="italic">(2) Clause 3, page 2 (after line 11), at the end of the clause, add:</p><p class="italic">Note: The provisions of the <i>Superannuation Guarantee (Administration) Regulations 2018</i> amended by this Act, and any other provisions of those Regulations, may be amended or repealed by regulations made under section 80 of the <i>Superannuation Guarantee (Administration) Act 1992</i> (see subsection 13(5) of the <i>Legislation Act 2003</i>).</p><p class="italic">(3) Page 14 (after line 18), at the end of the Bill, add:</p><p class="italic">Schedule 3 — Superannuation for employer-funded parental leave pay</p><p class="italic"> <i>Superannuation Guarantee (Administration) Act 1992</i></p><p class="italic">1 Subsection 6(1)</p><p class="italic">Insert:</p><p class="italic"><i>child</i>: without limiting who is a child of another person for the purposes of this Act, a person is the <i>child</i> of another person if the person is a child of the other person within the meaning of the <i>Family Law Act 1975</i>.</p><p class="italic"><i>medical practitioner</i> means a person registered, or licensed, as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.</p><p class="italic"><i>parental leave</i> includes leave that:</p><p class="italic">(a) is taken by a person who is required or entitled to take the leave under:</p><p class="italic">(i) a law of the Commonwealth, a State or a Territory; or</p><p class="italic">(ii) an industrial instrument (however described); or</p><p class="italic">(iii) a contract of employment or any other agreement; and</p><p class="italic">(b) is associated with:</p><p class="italic">(i) the birth of a child of the person or the person's partner; or</p><p class="italic">(ii) the placement of a child with the person or the person's partner for adoption; or</p><p class="italic">(iii) the permanent placement of a child with the person or the person's partner in accordance with recognised cultural child rearing practices; or</p><p class="italic">(iv) the delivery of a stillborn child of the person or the person's partner; or</p><p class="italic">(v) if the person is pregnant—a period before the expected birth of a child of the person during which a medical practitioner considers that the person is not fit for work or that it is inadvisable for the person to continue work in the person's present position.</p><p class="italic"><i>stillborn</i>, in relation to a child, has the same meaning as in the <i>Paid Parental Leave Act 2010</i>.</p><p class="italic">2 After paragraph 11(1)(ba)</p><p class="italic">Insert:</p><p class="italic">(bb) payments for a period of parental leave; and</p><p class="italic">3 Section 27</p><p class="italic">Before "The", insert "(1)".</p><p class="italic">4 At the end of section 27</p><p class="italic">Add:</p><p class="italic">(2) However:</p><p class="italic">(a) an employee must not be prescribed for the purposes of paragraph (1)(d) only because the employee is paid salary or wages that are payments for a period of parental leave; and</p><p class="italic">(b) salary or wages that are payments for a period of parental leave must not be prescribed for the purposes of paragraph (1)(e).</p><p class="italic"> <i>Superannuation Guarantee (Administration) Regulations 2018</i></p><p class="italic">5 Section 5 (definition of <i>parental leave</i> )</p><p class="italic">Repeal the definition.</p><p class="italic">6 Paragraph 12(1)(a)</p><p class="italic">Repeal the paragraph.</p><p class="italic">7 In the appropriate position in Part 8</p><p class="italic">Insert:</p><p class="italic"> 28 Application — repeals made by the <i>Paid Parental Leave Amendment (More Support for Working Families) Act 2024</i></p><p class="italic">The repeal of the definition of <i>parental leave</i> in section 5 and the repeal of paragraph 12(1)(a), made by Schedule 3 to the <i>Paid Parental Leave Amendment (More Support for Working Families) Act 2024</i>, apply in relation to salary or wages paid for days occurring on or after 1 July 2024.</p><p class="italic">8 Application of amendments</p><p class="italic">(1) The amendment of section 11 of the <i>Superannuation Guarantee (Administration) Act 1992</i> made by this Schedule applies in relation to salary or wages paid for days occurring on or after 1 July 2024.</p><p class="italic">(2) Subsection 27(2) of the <i>Superannuation Guarantee (Administration) Act 1992</i>, as added by this Schedule, applies in relation to regulations made on or after the day this item commences.</p><p class="italic"> <i>Statement pursuant to the order of</i> <i>the Senate of 26 June 2000</i></p><p class="italic">Amendment (3)</p><p class="italic">Amendment (3) is framed as a request because it would amend the bill to expand the categories of salary or wages used to calculate whether an employer has a superannuation guarantee shortfall under the <i>Superannuation Guarantee (Administration) Act 1992</i> (<i>SGA Act</i>), to include payments for a period of parental leave.</p><p class="italic">If an employer does not pay sufficient superannuation on salary or wages in accordance with the SGA Act, then the employer will have a superannuation guarantee shortfall under that Act. As the amendment expands the categories of salary or wages, the amendment will likely increase the superannuation guarantee shortfall calculated under the SGA Act. This would increase the amount of tax liable to be collected under the <i>Superannuation Guarantee (Charges) Act 1992</i>, and the amount the Commissioner of Taxation is required to pay under Part 8 of the SGA Act under the standing appropriation in section 71 of that Act.</p><p class="italic">Amendments (1) and (2)</p><p class="italic">Amendments (1) and (2) are consequential to amendment (3).</p><p class="italic"> <i>Statement by the Clerk of the Senate pursuant</i> <i>to the order of the Senate of 26 June 2000</i></p><p class="italic">Amendment (3)</p><p class="italic">If the effect of the amendment is to increase expenditure under the standing appropriation in section 71 of the<i> Superannuation Guarantee (Administration) Act 1992</i>, then it is in accordance with the precedents of the Senate that the amendment be moved as a request.</p><p class="italic">Amendments (1) and (2)</p><p class="italic">These amendments are consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.</p><p>This amendment relates to the paying of superannuation on the employer funded portion of paid parental leave. Unfortunately the chamber didn't see fit to support my previous amendment which was to ensure that government-paid super on the government portion of PPL would kick in earlier and women would not be made to wait, but this amendment pertains to the employer portion of PPL, where super should also be paid.</p> <p class="speaker">Malarndirri McCarthy</p><p>The government does not support this amendment. The government will be legislating to pay superannuation on government funded paid parental leave from July 2025. We are showing leadership in doing so and in helping to normalise parental leave as a workplace entitlement. In recent decades there has been a steady increase in employers funding parental leave alongside the government scheme. Among employers who offer their own paid parental leave, the vast majority—around 86 per cent—pay super on that leave. The government encourages employers to meet this standard and, increasingly, employees expect it too. The government will continue to work with employers on these matters, and that's what the national strategy for gender equality is all about.</p> <p class="speaker">David Pocock</p><p>I won't be supporting this amendment. It wasn't part of the consultation process. It was circulated on Friday, leaving no time to consult on it.</p><p>Question negatived.</p> <p class="speaker">Larissa Waters</p><p>by leave—I seek to have the Greens position recorded.</p> <p class="speaker">Andrew McLachlan</p><p>It will be recorded.</p> <p class="speaker">Lidia Thorpe</p><p>by leave—I too would like to have my support for the amendments recorded.</p> <p class="speaker">Andrew McLachlan</p><p>It will be recorded.</p> <p class="speaker">Larissa Waters</p><p>by leave—I move Australian Greens requests Nos (1) to (3) on sheet 2140 together:</p><p class="italic">That the House of Representatives be requested to make the following amendments:</p><p class="italic">(1) Schedule 1, item 4, page 3 (lines 13 to 18), omit the item, substitute:</p><p class="italic">4 Paragraph 21(1)(a)</p><p class="italic">Omit all the words after "a total of", substitute:</p><p class="italic">": (i) if the child is born before 1 July 2024—10 flexible PPL days; or</p><p class="italic">(ii) if the child is born between 1 July 2024 and 30 June 2025—20 flexible PPL days; or</p><p class="italic">(iii) if the child is born between 1 July 2025 and 30 June 2026—25 flexible PPL days; or</p><p class="italic">(iv) if the child is born between 1 July 2026 and 30 June 2027—25 flexible PPL days; or</p><p class="italic">(v) if the child is born between 1 July 2027 and 30 June 2028—30 flexible PPL days; or</p><p class="italic">(vi) if the child is born between 1 July 2028 and 30 June 2029—35 flexible PPL days; or</p><p class="italic">(vii) if the child is born between 1 July 2029 and 30 June 2030—35 flexible PPL days; or</p><p class="italic">(viii) if the child is born on or after 1 July 2030—40 flexible PPL days; and".</p><p class="italic">(2) Schedule 1, item 12, page 8 (lines 24 to 29), omit paragraphs 31ABA(1)(b) to (d), substitute:</p><p class="italic">(b) for a child born between 1 July 2024 and 30 June 2025—130 flexible PPL days for the child; or</p><p class="italic">(c) for a child born between 1 July 2025 and 30 June 2026—150 flexible PPL days for the child; or</p><p class="italic">(d) for a child born between 1 July 2026 and 30 June 2027—170 flexible PPL days for the child; or</p><p class="italic">(e) for a child born between 1 July 2027 and 30 June 2028—190 flexible PPL days for the child; or</p><p class="italic">(f) for a child born between 1 July 2028 and 30 June 2029—210 flexible PPL days for the child; or</p><p class="italic">(g) for a child born between 1 July 2029 and 30 June 2030—230 flexible PPL days for the child; or</p><p class="italic">(h) for a child born on or after 1 July 2030—260 flexible PPL days for the child.</p><p class="italic">(3) Schedule 1, item 12, page 9 (lines 11 to 16), omit paragraphs 31ABA(2)(b) to (d), substitute:</p><p class="italic">(b) for a child born between 1 July 2024 and 30 June 2025—110 flexible PPL days for the child; or</p><p class="italic">(c) for a child born between 1 July 2025 and 30 June 2026—125 flexible PPL days for the child; or</p><p class="italic">(d) for a child born between 1 July 2026 and 30 June 2027—145 flexible PPL days for the child; or</p><p class="italic">(e) for a child born between 1 July 2027 and 30 June 2028—160 flexible PPL days for the child; or</p><p class="italic">(f) for a child born between 1 July 2028 and 30 June 2029—175 flexible PPL days for the child; or</p><p class="italic">(g) for a child born between 1 July 2029 and 30 June 2030—195 flexible PPL days for the child; or</p><p class="italic">(h) for a child born on or after 1 July 2030—220 flexible PPL days for the child.</p><p class="italic"> <i>Statement pursuant to the order of</i> <i>the Senate of 26 June 2000</i></p><p class="italic">Amendment (2)</p><p class="italic">Amendment (2) is framed as a request because it amends the bill to bring forward the increase in the maximum number of days for which paid parental leave can be paid from 1 July 2026 to 1 July 2024. The amendment also progressively increases the maximum number of days for which paid parental leave can be paid at the start of each financial year starting between 1 July 2025 and 1 July 2030.</p><p class="italic">As this will increase the total amount of paid parental leave that can be paid in relation to children born on or after 1 July 2024, the amendment will increase the amount of expenditure under the standing appropriation in section 307 of the <i>Paid Parental Leave Act 2010</i>.</p><p class="italic">Amendments (1) and (3)</p><p class="italic">Amendments (1) and (3) are consequential to amendment (2).</p><p class="italic"> <i>Statement by the Clerk of the Senate pursuant</i> <i>to the order of the Senate of 26 June 2000</i></p><p class="italic">Amendment (2)</p><p class="italic">If the effect of the amendment is to increase expenditure under the standing appropriation in section 307 of the<i> Paid Parental Leave Act 2010</i> then it is in accordance with the precedents of the Senate that the amendment be moved as a request.</p><p class="italic">Amendments (1) and (3)</p><p class="italic">These amendments are consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.</p><p>This amendment would implement one of the recommendations of the Women's Economic Equality Taskforce, whose recommendations, sadly, have been largely gathering dust on the shelf, despite them all being extremely meritorious. This amendment would say: 'Let's move up to 12 months paid parental leave by 2030.' Australia has been lagging behind comparable countries in terms of the length of PPL and, I might add, in terms of the rate. This amendment would redress that and would move us up to international best practice of 12 months by 2030.</p><p>As I said, this was a WEET recommendation. I believe this policy is endorsed by many of the larger unions for good reasons. It's equitable. It will both help the development of young ones and also help continue that connection to the workforce predominantly for women since they, again, are the ones who predominantly take PPL. This is a really good idea, and the chamber should support it.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
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