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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-03-22 Daily Xml
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Bills

Fair Work (Family and Domestic Violence Leave) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendment indicated by the following schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 5, after line 35 [inserted Schedule 3B, clause 5]—After subclause (3) insert:

(4) A pay slip provided by an employer to an employee must not include any of the following information:

(a) information indicating that leave taken by the employee was family and domestic violence leave;

(b) information indicating that an amount paid to the employee was payment in respect of family and domestic violence leave;

(c) information relating to the balance of the employee's entitlement to family and domestic violence leave.

Note—

For example, a pay slip may, in respect of an amount paid to an employee for any family and domestic violence leave taken, describe the leave taken as 'special leave', 'miscellaneous leave' or 'other leave'.

Consideration in committee.

The Hon. K.A. HILDYARD: I move:

That the Legislative Council's amendment be agreed to.

As has been noted, the Fair Work (Family and Domestic Violence Leave) Amendment Bill 2022 has been considered by the Legislative Council and returned to this house, incorporating a single government amendment. The amendment inserts an additional confidentiality provision in schedule 3B, clause 5(4). This amendment requires that payslips must not expressly identify that an employee has accessed family and domestic violence leave. This leave may, for example, instead be described as special leave, miscellaneous leave or other leave. This amendment addresses concerns that an employee may be put in a dangerous situation if a perpetrator of domestic violence became aware that an employee was accessing those entitlements.

This amendment is consistent with recent commonwealth legislation, and reflects section 536(2)(c) of the Fair Work Act 2009 and regulation 3.47 of the Fair Work Regulations 2009. This is an issue which, from memory, was raised in several briefings between the houses and which I understand both the member for MacKillop and the member for Colton indicated the opposition would support during the previous committee stage. I thank them for that.

I understand this amendment had unanimous support in the Legislative Council and, again, I am grateful to all members for providing that support. I also thank all members who contributed to the debate on this bill, across both houses. I am incredibly proud to stand here as this bill passes all stages. This is a crucial part of the comprehensive women's and domestic violence prevention policy we took to the election—a policy which speaks to our steadfast and strong commitment to work to advance gender equality and increase community effort to prevent and end the horrific scourge of domestic violence.

I again, in closing, put on record my gratitude to all who have championed this right for many decades: unions (and particularly the Australian Services Union), the Working Women's Centre, those courageous workers who were the first to collectively bargain for these provisions to be secured in their enterprise agreements, women's and domestic violence organisations, and brave victim survivors.

I also again thank Hilary Wigg, Sanjugta Vas Dev, Sandy Pitcher, Angus Oehme and other staff in the Attorney-General's office. All of their work, and the voices of brave victim survivors, has culminated in this moment and continues as we progress a range of other legislation and policy in the area of preventing violence against women and children.

No person should ever have to choose between their safety and economic security. With the provision of this paid leave, I am very proud that we are taking an important step to ensure that they do not ever have to make that devastating choice.

Motion carried.

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