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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 and subject to requests—and of the amendment moved by Senator Hanson-Young:

 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.

Question—That the amendment be agreed to—put and negatived.


The following amendments moved by Senator Fifield were reconsidered (see entry no. 38, 16 June 2010):

 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 resumed.

Question—That the amendments be agreed to—put again, by leave, and passed.

Consideration resumed of the amendment moved by the Minister for Employment Participation (Senator Arbib) and postponed on 16 June 2010 (see entry no. 38, 16 June 2010, J 3585):

 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 resumed.

Question—That the amendment be agreed to—put and passed.

Consideration resumed of the amendment moved by Senator Hanson-Young and postponed on 16 June 2010 (see entry no. 38, 16 June 2010, J 3585).

Senator Hanson-Young, by leave, withdrew the amendment.

On the motion of the Minister for Immigration and Citizenship (Senator Evans) the following amendment was debated and agreed to:

 Page 236 (after line 20), after clause 307, insert:

  

307A Review of the operation of this Act

  (1) The Minister must cause a comprehensive review of the general operation of this Act to be begun by 31 January 2013.

  (2) The review must consider the following matters:

 (a) the amount of time off work that primary carers are taking to care for newborn or newly adopted children;

 (b) the availability and amount of leave and payments provided by employers in relation to the birth or adoption of a child, and the interaction of those entitlements with parental leave pay provided under this Act;

 (c) the operation of the work test;

 (d) whether primary claimants' partners should be paid parental leave pay separately from, or in addition to, primary claimants;

 (e) whether employers should make superannuation contributions in relation to parental leave pay;

 (f) the results of any evaluations conducted in relation to the operation of this Act;

 (g) the administration of this Act;

 (h) any other matter relevant to the general operation of this Act.

  (3) The Minister must ensure that public submissions are sought in relation to the review.

  (4) The Minister must cause a copy of a written report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the Minister receives the report.


Senator Hanson-Young moved the following amendments together by leave:

 Page 236 (after line 25), after clause 308, insert:

  

309 Schedule(s)

   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 Page 236 (after line 25), at the end of the bill, add:

  

Schedule 1—Amendments relating to paid parental leave

 

Fair Work Act 2009

 1 Subsection 67(1)

  Omit "An", substitute "Subject to section 67A, an".

 2 Subsection 67(2)

  Omit "A", substitute "Subject to section 67A, a".

 3 After section 67

  Insert:

 

67A Additional application—paid parental leave

  (1) This section applies in relation to an employee if:

 (a) the Secretary makes a determination under Part 2-2 of the Paid Parental Leave Act 2010 that parental leave pay is payable to the employee for a child; and

 (b) at the time the Secretary makes that determination, the employee does not meet the requirements of subsection 67(1) or (2); and

 (c) the employee has, or will have, completed at least 3 months of continuous service with the employer immediately before the day the Secretary makes the determination.

  (2) The employee is entitled to leave under this Division.

   Note: An employee qualifying under this section is entitled to leave during the employee's PPL period for the child (see section 70A).

  (3) In this section, unless the contrary intention appears, any term that is defined in the Paid Parental Leave Act 2010 has the meaning given in that Act.

 4 Section 70

  Omit "An", substitute, "Subject to section 70A, an".

 5 After section 70

  Insert:

 

70A Modified application—entitlement to paid parental leave

  (1) This section applies to an employee who is entitled to leave under this Division because of section 67A.

  (2) The employee is entitled to:

 (a) unpaid parental leave during the employee's PPL period for the child; and


 (b) if the leave is associated with the birth of a child—an additional period of unpaid parental leave of up to 6 weeks before the birth.

  (3) In this section, unless the contrary intention appears, any term that is defined in the Paid Parental Leave Act 2010 has the meaning given in that Act.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 5

Senators—

Brown, Bob

Hanson-Young

Ludlam

Milne

Siewert (Teller)

NOES, 41

Senators—

Abetz

Adams

Back

Bilyk

Boyce

Brown, Carol

Bushby (Teller)

Cameron

Cash

Colbeck

Collins

Coonan

Crossin

Eggleston

Farrell

Feeney

Ferguson

Fielding

Fifield

Fisher

Forshaw

Furner

Humphries

Hutchins

Ludwig

Lundy

Marshall

McEwen

McLucas

Minchin

Moore

Nash

Parry

Polley

Pratt

Scullion

Sterle

Troeth

Trood

Williams

Wortley

Question negatived.

Bill, as amended, agreed to, subject to requests.

PAID PARENTAL LEAVE (CONSEQUENTIAL AMENDMENTS) BILL 2010—

Bill taken as a whole by leave.

Question—That the bill be agreed to—divided, at the request of Senator Fifield, in respect of Schedule 2, Part 1.

Schedule 2, Part 1 debated.

Question—That Schedule 2, Part 1 stand as printed—put.

The committee divided—

AYES, 32

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Brown, Carol

Cameron

Collins

Conroy

Crossin

Farrell (Teller)

Feeney

Forshaw

Furner

Hanson-Young

Hogg

Hurley

Hutchins

Ludlam

Ludwig

Lundy

Marshall

McEwen

McLucas

Milne

Moore

O'Brien

Polley

Siewert

Stephens

Sterle

Wong

Wortley


NOES, 34

Senators—

Abetz

Adams (Teller)

Back

Barnett

Bernardi

Boswell

Boyce

Brandis

Bushby

Cash

Colbeck

Coonan

Eggleston

Ferguson

Fielding

Fifield

Fisher

Heffernan

Humphries

Joyce

Kroger

Macdonald

Mason

McGauran

Minchin

Nash

Parry

Payne

Ronaldson

Ryan

Scullion

Troeth

Trood

Williams

Part negatived.

Bill, as amended, agreed to.

The Paid Parental Leave Bill 2010 to be reported with amendments and requests for amendments and the Paid Parental Leave (Consequential Amendments) Bill 2010 to be reported with an amendment.

The Acting Deputy President (Senator Cash) resumed the chair and the Chair of Committees (Senator Ferguson) reported accordingly.

On the motion of the Special Minister of State (Senator Ludwig) the report from the committee was adopted and the Paid Parental Leave (Consequential Amendments) Bill 2010 read a third time.