Fair Work Amendment (Baby Priya's) Bill 2025; Second Reading

Senator Ananda-Rajah supported the bill, citing the tragic experience of Baby Priya's mother whose leave was cancelled. Ananda-Rajah argued that the legislation reduces distress for parents and employers by providing clear guidance in rare scenarios of stillbirth or infant death. Ananda-Rajah rejected arguments linking the bill to late-term terminations, describing them as medical decisions made in extreme circumstances, and urged reliance on professional medical advice rather than social media influencers.

Senator Waters supported the bill, noting that stillbirth and infant loss affect many families and are often shrouded in silence. Waters argued that the legislation ensures parents can access paid leave to grieve, preventing the trauma of being forced back to work. Waters called for broader reforms, including premature birth leave and extended parental leave, and criticised conservative attempts to use the bill to attack women's reproductive rights.

Senator Whiteaker backed the bill as an election promise to safeguard parental pay when a baby is stillborn or dies. Whiteaker noted the law stops employers from ending leave or weakening safeguards by altering contracts after it starts. Whiteaker stressed the measure imposes no new duties on employers not currently providing paid leave and recognised Baby Priya's parents' campaigning.

Senator Pocock supported the bill, recognising the devastating loss experienced by Baby Priya's parents. Pocock argued that the legislation protects the right of parents to grieve with financial support, ensuring that paid parental leave cannot be cancelled in cases of stillbirth or infant death. Pocock described the bill as an example of common grace and compassion, noting that it aligns employer-funded leave protections with government-paid entitlements.

Senator McDonald expressed mixed emotions, supporting the compassion of the bill but criticising the guillotine that limited debate. McDonald argued that small businesses face significant costs and that the legislation removes the ability for employers and employees to negotiate flexible arrangements. McDonald warned against legislating every aspect of life and questioned whether the government considered the financial impact on small businesses, which she said are under immense pressure.

Senator Polley supported the bill as a moral imperative born out of tragedy and compassion. Polley explained that the legislation guarantees working parents can access employer-paid parental leave when a stillbirth occurs or an infant dies early, providing certainty and stability. Polley acknowledged the courage of Baby Priya's parents and argued that the bill reflects shared values of empathy and respect for human life in the workplace.

Senator Pocock supported the bill, highlighting the inconsistency in the Fair Work Act where unpaid leave could not be cancelled but paid leave could. Pocock argued that the legislation fixes this gap, preventing employers from unilaterally cancelling paid parental leave when a stillbirth or infant death occurs. Pocock called for further reforms, including 52 weeks of paid parental leave, to address gender inequality and support families.

Senator Smith supported the bill, sharing the story of a friend who was forced back to work shortly after a stillbirth. Smith argued that the legislation removes ambiguity and provides transparency for parents and employers, ensuring that paid parental leave cannot be cancelled in cases of stillbirth or infant death. Smith emphasised that the bill honours Baby Priya's memory and supports bereaved parents in their most vulnerable moments.

Senator Roberts supported the core intent of the bill but moved an amendment to exclude women who voluntarily terminated pregnancies from receiving paid parental leave. Roberts argued that the bill's definition of stillbirth did not account for late-term abortions and that it was wrong for such cases to attract financial benefits. Roberts stated that One Nation supported paid leave for natural deaths but objected to extending it to deliberate terminations.

Senator Payman supported the bill, describing it as a compassionate reform that corrects an inconsistency in workplace laws. Payman rejected claims that the bill incentivises late-term abortions, stating that it only applies to employer-funded leave and does not involve taxpayer money. Payman argued that the legislation protects the leave parents have already earned and called for broader recognition of reproductive health needs in the workplace.

Senator Brown supported the bill, noting that it closes a gap in the Fair Work Act regarding employer-funded paid parental leave. Brown explained that the legislation ensures leave cannot be cancelled due to stillbirth or infant death, providing reassurance for parents and clarity for employers. Brown emphasised that the reform respects existing arrangements and applies equally to adoption and surrogacy.

Senator Faruqi supported the bill, praising the advocacy of Baby Priya's family and the Australian Services Union. Faruqi criticised right-wing attempts to weaponise the bill against women's reproductive rights, calling such tactics despicable and disgraceful. Faruqi argued that the legislation is a straightforward measure to support grieving families and rejected misinformation about late-term terminations.