Chapter 11: Conclusions
Bringing it all together
The Review recommends changes to the Act that facilitate leave entitlements to support employees through their pregnancy, as well as supporting all parents with Parental Leave. This is reflected in the recommended title for a revised Act, the Pregnancy and Parental Leave Act.
Changes to the Act are also required to ensure that there is continued support for pregnant employees in the final stages of their pregnancy, as well as greater support in times of premature birth, stillbirth and pregnancy loss.
Greater support to parents should also be provided by extending parental leave entitlements to all parents in an inclusive and gender neutral way, ensuring parents in diverse families will be given the support they need.
The Review further proposes remuneration-based reforms that will have a positive impact on women's economic equality by removing some financial penalties that are currently a consequence of taking parental leave. This includes reform to allow continuing eligibility for annual salary increments and superannuation contributions. Enhancing the period of paid Parental Leave will also have a significant and positive impact.
The Review acknowledges that an increase in parental leave entitlements is likely to incur additional cost to agencies covered by a revised Act, where not already provided by that agency. However, based on evidence gathered from extensive research, consultation and comparisons to other jurisdictions and the private sector the Review concludes that in the long term these additional costs are likely to be offset by increased attraction and retention, increased performance and satisfaction of employees, and reduced administrative costs.
Submissions from agencies overwhelmingly called for equal provisions for all parents, and increased flexibility in how parental leave can be used, in order to remain competitive in a tight labour market and enhance positive workplace culture.
A new Act
A new Act is required to deliver many of the Review's recommendations, such as to provide for Parental Leave, Pregnancy Leave, Premature Birth Leave and Pregnancy Loss Leave.
Drafting a new Act in plain English and with gender neutral language will assist understanding of the revised Act's entitlements and of the Commonwealth agencies it covers.
Other avenues may need to be explored to deliver other recommendations, such as superannuation. This may need to be undertaken progressively as opportunities arise.
Agencies can also play a direct role in implementing some recommendations. This includes providing more comprehensive guidance to employees and their managers in planning for Parental Leave and consequent return to work.
Issues for the future
It was not possible for the Review to provide recommendations on all aspects of the feedback received.
Kinship care still requires careful consultation with stakeholders to co-design entitlements that respect cultural sensitivities.
Legal support for surrogacy for intending parents is still evolving across Australian states/territories, so determining a standard for applicable leave entitlements across the Commonwealth is not possible at this point. Further work is required to establish whether something can be done now, or whether there is a need to wait for greater harmonisation of state and territory surrogacy laws.
Other community expectations are continuing to evolve as the composition of Australian families is become increasingly diverse. A new Act should be drafted in a way that it can move with the times as these expectations evolve, such as providing support to sole parents and grandparents. Delivering on all aspects of the Review is likely to continue into the future as opportunities arise.