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PAID PARENTAL LEAVE BILL 2010E PAID PARENTAL LEAVE (CONSEQUENTIAL AMENDMENTS) BILL 2010

Order of the day read for the further consideration of the bills in committee of the whole.

In the committee

PAID PARENTAL LEAVE BILL 2010—

Consideration resumed of the bill, as amended.


Senator Fifield moved the following amendments together by leave:

 Clause 63, page 62 (lines 3 to 8), omit subclauses (1) and (2), substitute:

  (1) Parental leave pay must be paid to a person by the Secretary in instalments.

 Clause 64, page 62 (line 16) to page 63 (line 18), omit the clause, substitute:

  

64 A person's instalment period and the payday for an instalment

  (1) A person's instalment period is the period of 14 days starting on a day the Secretary considers appropriate for the person (or a class of person in which the person is included) and each successive 14 day period.

   Note: Sections 93 and 94 affect when an instalment period for a person starts and ends in certain circumstances.

  (2) The payday for the instalment is a day that the Secretary considers appropriate that occurs after the instalment period to which the instalment relates.

 Clause 67, page 64 (line 22), omit "An employer or the Secretary", substitute "The Secretary".

 Clause 67, page 64 (lines 26 to 31), omit the note.

 Clause 68, page 65 (line 13), omit "An employer or the Secretary", substitute "The Secretary".

 Clause 69, page 65 (line 22), omit "(2)".

 Clause 83, page 76 (lines 3 to 16), omit the clause, substitute:

  

83 Guide to this Part

This Part is about the payment of instalments to a person by the Secretary.

The Secretary is required to pay instalments directly to a person on the payday for the instalment.

In certain circumstances where the Secretary becomes required to pay instalments to a person, the Secretary is also required to pay the person arrears for instalments that had previously become payable, but not been paid, to the person.

 Clause 84, page 77 (line 2) to page 78 (line 28), omit the clause, substitute:

  

84 When the Secretary pays instalments

   The Secretary must pay an instalment that is payable to a person on the payday for the instalment.

 Clause 117, page 103 (lines 15 and 16), omit paragraph (c).

 Clause 117, page 103 (line 19), omit ";", substitute ".".

 Clause 117, page 103 (lines 20 to 25), omit paragraphs (e) to (g).

 Heading to clause 133, page 112 (lines 3 and 4), omit "or PPL funding amount".

 Clause 133, page 112 (lines 8 to 15), omit paragraph(1)(b), substitute:

 (b) order the person to pay the Commonwealth an amount equal to any amount paid to, or in relation to, the person by way of an instalment of parental leave pay because of the act, failure or omission that constituted the offence.

 Clause 138, page 113 (lines 21 and 22), omit "or a PPL funding amount".


Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 31

Senators—

Adams (Teller)

Back

Barnett

Bernardi

Birmingham

Boswell

Boyce

Brandis

Cash

Colbeck

Coonan

Cormann

Ferguson

Fielding

Fifield

Fisher

Humphries

Johnston

Joyce

Kroger

Macdonald

Mason

McGauran

Minchin

Nash

Parry

Payne

Ryan

Scullion

Trood

Williams

NOES, 32

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Brown, Carol

Cameron

Collins

Conroy

Crossin

Farrell

Feeney

Forshaw

Furner

Hanson-Young

Hogg

Hurley

Hutchins

Ludlam

Ludwig

Lundy

Marshall

McEwen

McLucas

Milne

Moore

O'Brien (Teller)

Pratt

Sherry

Siewert

Stephens

Sterle

Wortley

Question negatived.

Question—That the bill, as amended, be agreed to—divided, at the request of Senator Fifield, in respect of subclause 69(1); subclause 70(2) and the note; Part 3-2; clauses 85, 86, 93 and 94; and Part 3-5.

Question—That subclause 69(1); subclause 70(2) and the note; Part 3-2; clauses 85, 86, 93 and 94; and Part 3-5 stand as printed—put.

The committee divided—

AYES,31


Senators—
ArbibCrossinHutchinsO'Brien (Teller)
BilykFarrellLudlamPratt
BishopFeeneyLudwigSherry
Brown, BobForshawLundySiewert
Brown, CarolFurnerMarshallStephens
CameronHanson-YoungMcLucasSterle
CollinsHoggMilneWortley
ConroyHurleyMoore

NOES, 31


Senators—
AbetzBrandisFisherMcGauran
Adams (Teller)CashHeffernanMinchin
BackColbeckHumphriesNash
BarnettCoonanJohnstonParry
BernardiCormannJoyceScullion
BirminghamFergusonKrogerTrood
BoswellFieldingMacdonaldWilliams
BoyceFifieldMason

The ayes and noes were equal and so the question was negatived.


The Minister for Employment Participation (Senator Arbib) moved the following amendment:

 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)).

Debate ensued.

On the motion of Senator Arbib further consideration of the amendment was postponed.

Senator Hanson-Young moved the following amendment:

 Page 233 (after line 7), after Division 3, insert:

  

Division 3A—Review of Act

 

301A Review of operation of Act

  (1) The Minister must cause a review of the Act to be conducted by an independent panel.

  (2) The review must:

 (a) start not later than 1 October 2012; and

 (b) be completed within 3 months.

  (3) The review must report on:

 (a) the operation of the Act; and

 (b) the options for extending the PPL period; and

 (c) the options for including concurrent paid partner leave; and

 (d) the options for payment of superannuation in connection with PPL; and

 (e) the impact of the Act on pre-existing entitlements; and

 (f) collective bargaining outcomes as they relate to paid parental leave schemes; and

 (g) any other matters considered relevant.

  (4) The panel must give the Minister must a written report of the review.

  (5) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of receiving the report.

On the motion of Senator Hanson-Young further consideration of the amendment was postponed.

Senator Hanson-Young moved the following amendment:

 Page 233 (after line 7), after Division 3, insert:

  

Division 3B—Data on the impact of PPL

 

301B Publication of data on the impact of PPL

  (1) The Secretary must publish information on the following:

 (a) the number of people receiving PPL instalments;


 (b) the number of people paid instalments:

 (i) by employers; and

 (ii) by the Secretary;

 (c) PPL periods.

  (2) The Secretary must routinely consult with Fair Work Australia on bargaining outcomes in enterprise agreements with respect to paid parental leave schemes and publish a report on those consultations, including information about the extent to which enterprise agreements contain additional paid parental leave entitlements and changes to those bargaining outcomes over time.

  (3) Information required to be published under this section must be:

 (a) updated at least every 6 months, not later than 31 December and 30 June each year; and

 (b) published on the department's website.

At 6.50 pm: The Acting Deputy President (Senator Crossin) resumed the chair and the Temporary Chair of Committees reported progress.