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Paid Parental Leave Bill 2010

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2008-2009-2010

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

HOUSE OF REPRESENTATIVES

_____________________________

 

Paid Parental Leave Bill 2010

______________________________

 

SCHEDULE OF THE AMENDMENTS MADE BY THE SENATE TO WHICH THE HOUSE OF REPRESENTATIVES HAS DISAGREED

 

(2)     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.

(3)     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.

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

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

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

(7)     Clause 69, page 65 (lines 18 to 21), omit subclause (1).

(8)     Clause 69, page 65 (line 22), omit “(2)”.

(9)     Clause 70, page 66 (lines 5 and 6), omit subclause (2) and the note.

(10)   Part 3-2, page 67 (line 1) to page 75 (line 9), omit the Part.

(11)   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.

(12)   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.

(13)   Clauses 85 and 86, page 78 (line 27) to page 80 (line 12), omit the clauses.

(14)   Clauses 93 and 94, page 84 (line 1) to page 85 (line 1), omit the clauses.

(16)   Part 3-5, page 87 (line 1) to page 101 (line 8), omit the Part.

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

(18)   Clause 117, page 103 (line 19), omit “;”, substitute “.”.

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

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

(21)   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.

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

 

 

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HOUSE OF REPRESENTATIVES REASONS FOR DISAGREEING TO

THE SENATE AMENDMENTS

 

Senate amendments number (2) to (14) and (16) to (22)

 

These amendments would remove from the Paid Parental Leave Bill 2010 the provisions relating to payment of parental leave pay to a person by the person’s employer.

 

Employer involvement is a central element of the Paid Parental Leave scheme.

 

The bill’s intention is that women maintain their attachment to the workforce while they are having their family. Women will maintain that strong connection by receiving their government-funded parental leave pay through their employer, as they would receive any other work entitlement.

 

Employers will benefit from the scheme through retention of skilled staff, without having to fund the scheme. Where it is affordable, it is expected that more businesses in the future would take steps to complement the new Paid Parental Leave scheme, for example, through family-friendly working arrangements or leave payments.

 

Only nine per cent of all businesses will be involved in paid parental leave in any given year, and only three per cent of small business.

 

To help employers prepare for the scheme, the role of employers in providing government-funded parental leave pay will be phased in over the first six months, to align with the new financial year.

 

Employers will only be required to pay an employee when they have received sufficient funds.

 

Employers will provide parental leave pay on a 'business as usual' basis - they won't be required to lodge regular reports with the Family Assistance Office or establish special bank accounts.

 

Parental leave pay will be paid in accordance with an employer's normal pay practices and the employee's usual pay cycle. There is no payroll tax and no workers compensation payable. The Paid Parental Leave scheme is expected to be implemented in close consultation with employers, including through the Paid Parental Leave Implementation Group.

 

This element of the bill - as recommended by the Productivity Commission - sends a strong message that taking leave from work around the time of a birth is a normal part of work and family life.

 

Accordingly, the House of Representatives does not accept these amendments.

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                                                                                              B C WRIGHT

                                                                      Clerk of the House of Representatives

 

 

House of Representatives

17 June 2010