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senate vote 2021-09-01#6
Edited by
mackay staff
on
2021-09-03 10:19:18
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Title
Bills — Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021; in Committee- Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Paid domestic and family violence leave
Description
<p class="speaker">Carol Brown</p><p>The committee is considering the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021, as amended, and amendments (1) and (2) on sheet 1382, moved by Senator McAllister. The question is that the amendments be agreed to.</p> <p class="speaker">Jenny McAllister</p>- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-09-01.58.1) introduced by NSW Senators [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor), which means they failed.
- ### What do the amendments do?
- Senator McAllister [explained that](https://www.openaustralia.org.au/senate/?gid=2021-09-01.190.1):
- > *Essentially, what this amendment would do is improve the existing entitlement in the National Employment Standards from five days unpaid domestic and family violence leave to 10 days paid domestic and family violence leave, and that is a much-needed reform.*
- ### Amendment text
- The amendment text is available on [sheet 1382](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fs1306_amend_93793eac-266b-4b0f-bdb9-cb805cafc047%22;rec=0).
<p>Earlier in the debate I moved these amendments and I indicated that the amendment proposed, amendment (2), replicates the private senator's bill that I earlier introduced in this chamber and seeks to establish 10 days paid domestic violence leave as part of the National Employment Standards. Essentially, what this amendment would do is improve the existing entitlement in the National Employment Standards from five days unpaid domestic and family violence leave to 10 days paid domestic and family violence leave, and that is a much-needed reform.</p><p>Businesses tell us that there is a very significant impact of family and domestic violence on their employees. In 2016, the National Retail Association estimated that in a single year almost 45,000 women working in the retail industry experienced some form of family and domestic violence. The Australian Council of Trade Unions estimate that it costs $18,000 and 141 hours to leave a violent relationship. Many working women resign or are terminated from their employment because they need to take the time to deal with issues that arise as a consequence of domestic abuse: finding housing, attending a court or a doctor's appointment, and ensuring that children have the support that they need. It puts women fleeing violence in a precarious position. Many face the unacceptable choice of fleeing to safety or keeping their job. No-one should be forced to make that decision.</p><p>Given the prevalence of family and domestic violence in Australia and its impact on employment and the economy, there is a need to support women to flee violence and keep themselves safe. The current arrangements are simply inadequate. The experience of businesses who have already introduced paid leave is that, on average, women do not take the entire 10 days that are available to them but instead use part of that entitlement modestly, carefully to make the changes that they need.</p><p>Australian women want to keep working. They value their working lives. This amendment seeks to provide the choices—the real choices—that would deliver real equality for Australian women who are presently confronted by violence in their households.</p> <p class="speaker">Michaelia Cash</p><p>The government will be opposing this amendment. The primary purpose of this bill is to implement the government's commitments in response to recommendations made by the <i>Respect@Work</i> report. I would also observe that in 2018 an entitlement of five days unpaid family and domestic violence leave in a 12-month period was inserted into the National Employment Standards in the Fair Work Act. This followed the Fair Work Commission's decision to provide five days of unpaid family and domestic violence leave for employees covered by a modern award. The Fair Work Commission itself is currently reviewing the family and domestic violence leave clause in modern awards, and further consideration of the issue of paid leave by this government will be appropriately informed by the commission's consideration of the issue.</p><p>I would also note that employers of course are able to write entitlements that suit their own workplaces.</p> <p class="speaker">Larissa Waters</p><p>[by video link] I rise to speak very briefly on the amendments before the chamber, amendments (1) and (2) on sheet 1382, which would give workers 10 days of paid family and domestic violence leave. This has been a longstanding Greens policy, and we fully support these amendments. We had a similar amendment drafted ourselves but, as I referenced earlier today, we have come to an arrangement about who moves what to try to make sure that the chamber is progressing smoothly. I just want to place on record that we think this is eminently sensible and, while it goes beyond the recommendations of the <i>Respect@Work</i> report, so too do the miscarriage leave provisions in the bill, which we also support. The point is that, if you are opening up the possibility of unrelated amendments, we think this amendment should also be moved.</p><p>I sat on the committee inquiry into the government's bill regarding five days of unpaid family and domestic violence leave, and the evidence was abundantly clear that workers need paid leave, that five days of unpaid leave is as good as nothing and that, in fact, it costs employers to have the relationship with their employee severed unnecessarily. So in fact it is a saving to business. So you'd think that the government would get right behind it. Most importantly, it is the right thing to do—and many employers, of course, want to do the right thing by their employees. So, to cut a long story short, we strongly support these amendments, and we urge the government to finally put its money where its mouth is and back the call for 10 days of paid family and domestic violence leave for all workers.</p><p class="italic">The CHAIR: The question is that amendments (1) and (2) on sheet 1382, as moved by Senator McAllister, be agreed to.</p>
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