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Workplace Relations Amendment (Paid Maternity Leave) Bill 2002 [2004]

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2002-2003-2004

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Workplace Relations Amendment (Paid Maternity Leave) Bill 2002

 

 

 

(1)     Clause 3, page 1 (line 30), omit “September 2002”, substitute “September 2004”.

[application]

(2)     Clause 3, page 1 (line 33), omit “September 2002”, substitute “September 2004”.

[application]

(3)     Page 1, after clause 3 (after line 33), insert:

3A  Review of operation of Act

             (1)  The Minister must initiate, by the third anniversary of the day on which this Act commences, a review of the operation and effectiveness of this Act, including;

                     (a)  an analysis of the effectiveness of the scheme whereby employees may make voluntary contributions to the minimum government paid maternity leave; and

                     (b)  depending on the evidence received in the course of the review, recommendations about the demand for, and merits of, an employer levy.

             (2)  The Minister must cause to be tabled in both Houses of the Parliament a copy of the report of the review within 15 sitting days of receiving the report.

[review]

(4)     Schedule 1, item 1, page 4 (line 10), after “payments”, insert “unless agreement is reached between the Commonwealth and the respective State government to the contrary”.

[Commonwealth/State agreement]

(5)     Schedule 1, item 1, page 4 (line 24), omit “$798.72 in May 2002”, substitute “$833.52 in March 2004”.

[note]

(6)     Schedule 1, item 1, page 4 (line 25), omit “$208 in May 2002”, substitute “$208.38 in March 2004”.

[note]

(7)     Schedule 1, item 2, page 5 (line 13), after “weeks”, insert “at full-time rate and 28 weeks at half-time rate”.

[purpose]

(8)     Schedule 1, item 2, page 8 (line 28), after “government)”, insert “unless agreement is reached between the Commonwealth and the respective State government to the contrary”.

[Commonwealth/State agreement]]

(9)     Schedule 1, item 2, page 10 (line 16), after “weeks”, insert “at full-time rate and 28 weeks at half-time rate”.

[duration]

(10)   Schedule 1, item 2, page 10 (line 19), after “weeks”, insert “at full-time rate and 28 weeks at half-time rate”.

[duration]

(11)   Schedule 1, item 2, page 11 (line 5), after “weeks”, insert “at full-time rate and 28 weeks at half-time rate”.

[duration]

(12)   Schedule 1, item 2, page 11 (line 33), omit “May 2002 was $431.40”, substitute “March 2004 was $448.40”.

[note]

(13)   Schedule 1, item 2, page 12 (after line 9), at the end of clause 11, add:

                     (4)  The employer will continue to pay superannuation contributions for an employee during the period of the employee’s paid maternity leave.

[superannuation payments paid by employer]

(14)   Schedule 1, item 2, page 15 (lines 6 to 16), omit clause 21, substitute:

21  Regulations

             (1)  Regulations to implement this Schedule may:

                     (a)  prescribe the manner in which an application for, or other notices relating to, a maternity payment or a maternity advance must be made;

                     (b)  prescribe the information that employees and employers must give in, or the documents that employees or employers must attach to, an application for, or other notice relating to, a maternity payment or a maternity advance;

                     (c)  extend the class or classes of person entitled to a maternity payment or a maternity advance.

             (2)  Regulations to implement this Schedule must:

                     (a)  provide for eligible employment periods to be accumulated across one or more employer;

                     (b)  provide that a period of continuous service of 12 months may be accumulated over a period of not more than two years occurring before or after a period of maternity leave.

[regulations]

(15)   Schedule 1, page 16 (after line 3), before item 3, insert:

2A  Schedule 14, after subclause 1(1)

Insert:

                  (1A)  Under this Schedule, an employee, being any employee including a casual or seasonal employee or outworker, who gives birth to a child is entitled to unpaid maternity leave totalling 14 weeks to care for a new born child.

Note:          A minimum of 14 weeks unpaid maternity leave should be a minimum entitlement to all women in paid work regardless of employment service or circumstances.

[unpaid maternity leave]

(16)   Schedule 1, page 16 (after line 9), at the end of the Schedule, add:

6  Schedule 14, at the end of paragraph 3(2)(h)

Add “, unless she is an employee under subclause 1(1A), where no service period is necessary”.

[parental leave]