David Pocock

by leave—I move amendments (1) to (3) on sheet 2404:

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Schedule 1, items 16 and 17, page 11 (line 2) to page 13 (line 17) omit "this Act" (wherever occurring), substitute "this Schedule".

(3) Page 14 (after line 18), at the end of the Bill, add:

Schedule 2 — Other amendments

Paid Parental Leave Act 2010

1 Section 6

Insert:

small business employer: see subsection 101(7).

2 After subsection 101(2)

Insert:

Effect of election by employer to not pay instalments

(2A) Despite subsection (1), the Secretary must not make an employer determination, at a particular time, for a person and the person's employer if the Secretary is satisfied that:

(a) the employer is a small business employer at that time; and

(b) the employer has made an election under section 112A that applies to the person at that time.

3 At the end of section 101

Add:

Meaning of small business employer

(7) An employer is a small business employer at a particular time if the employer employs fewer than 20 employees at that time.

4 Division 4 of Part 3-5 (heading)

After "to pay", insert "or not pay".

5 Before section 109

Insert:

Subdivision A — Election by employer to pay instalments

6 At the end of subsection 109(1)

Add:

Note: For the effect of an election under this section see subsection 101(2).

7 Subsections 110(1), 111(1) and 111(3)

After "an election", insert "made under section 109".

8 Section 112

After "An election", insert "made under section 109".

9 At the end of Division 4 of Part 3-5

Add:

Subdivision B — Election by small business employer to not pay instalments

112A Election by small business employer to not pay instalments

(1) A small business employer may elect to not pay instalments to one or more employees of the employer by giving the Secretary a notice in accordance with subsections (3) and (4).

Note: For the effect of an election under this section see subsection 101(2A).

(2) However, an election does not affect an employer determination that has already been made.

Note: The Secretary may revoke an employer determination that has already been made for the employer and a person under subsection 108(2).

Requirements for elections

(3) The notice must be in the approved form.

(4) An election under subsection (1) must be expressed to apply in relation to:

(a) one or more specified employees of the employer; or

(b) one or more specified classes of employee of the employer; or

(c) all employees of the employer.

112B Employer may withdraw an election

(1) The employer may, at any time, withdraw an election made under section 112A by notice given to the Secretary in the form approved by the Secretary.

(2) However, a withdrawal does not affect an employer determination that has already been made.

112C Secretary may cancel an election

(1) The Secretary may cancel an election made under section 112A if the Secretary is satisfied that the employer is not a small business employer.

(2) However, a cancellation does not affect an employer determination that has already been made.

Note: The Secretary may revoke an employer determination that has already been made for the employer and a person under subsection 108(2).

(3) If the Secretary cancels an election made under section 112A, the Secretary must give the employer a written notice advising the employer of that decision. The notice must contain any information prescribed by the PPL rules.

112D When an election is in force

An election under section 112A remains in force from the time it is received by the Secretary until one of the following occurs:

(a) if paragraph 112A(4)(a) applies—the specified employee's continuous flexible period for the child ends;

(b) the Secretary receives notice under section 112B that the election has been withdrawn;

(c) the election is cancelled under section 112C.

10 Paragraph 207(3)(b)

Omit "determination.", substitute "determination; or".

11 After paragraph 207(3)(b)

Insert:

(c) at the time the determination was made, both:

(i) the employer was a small business employer; and

(ii) an election made by the employer under section 112A applied to the person and was in force.

12 At the end of subsection 207(3)

Add:

Note 3: Section 112A allows a small business employer to elect to not pay instalments to an employee, a class of employees or all employees of the employer. Subsection 101(2A) prohibits the Secretary from making an employer determination if the employer has made an election under section 112A that applies to the person.

13 Paragraph 207(6)(a)

Before "specify", insert "if paragraph (3)(a) or (b) applies to the application—".

14 After paragraph 207(6)(b)

Insert:

(ba) if paragraph (3)(c) applies to the application—state whether the employer believes that, at the time the determination was made, the employer was a small business employer and an election made by the employer under section 112A applied to the person and was in force; and

15 After subparagraph 215(2)(a)(vii)

Insert:

(viia) subsection 112A(3);

(viib) subsection 112B(1);

16 Paragraph 224(2)(b)

Omit "determination.", substitute "determination; or".

17 After paragraph 224(2)(b)

Insert:

(c) at the time the determination was made, both:

(i) the employer was a small business employer; and

(ii) an election made by the employer under section 112A applied to the person and was in force.

18 At the end of subsection 224(2)

Add:

Note 3: Section 112A allows a small business employer to elect to not pay instalments to an employee, a class of employees or all employees of the employer. Subsection 101(2A) prohibits the Secretary from making an employer determination if the employer has made an election under section 112A that applies to the person.

19 Subparagraph 224(3)(c)(i)

Before "specify", insert "if paragraph (2)(a) or (b) applies to the application—".

20 At the end of paragraph 224(3)(c)

Add:

; and (iii) if paragraph (2)(c) applies to the application—state whether the employer believes that, at the time the determination was made, the employer was a small business employer and an election made by the employer under section 112A applied to the person and was in force.

21 Application of amendments

The amendments of the Paid Parental Leave Act 2010 made by this Schedule apply in relation to claims made on or after the commencement of this item.

Malarndirri McCarthy

As I've already said in this debate, the bill before parliament does not make any change to the longstanding employer role. What it does give to Australian families is more paid parental leave than ever before. This, in turn, is good for them, good for their employers and good for the economy. The government has heard compelling evidence from women's groups, family advocates, economists and unions about how the employer role in administering PPL is important for promoting gender equality. Removing this for small business would be a backward step. We will not support this.

Andrew McLachlan

The question before the committee is that amendments (1) to (3) on sheet 2404, as moved by Senator David Pocock, be agreed to.

Summary

Date and time: 12:27 PM on 2024-03-18
Senator Pocock's vote: Aye
Total number of "aye" votes: 4
Total number of "no" votes: 37
Total number of abstentions: 35
Related bill: Paid Parental Leave Amendment (More Support for Working Families) Bill 2023

Adapted from information made available by theyvoteforyou.org.au