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Valuing Parenthood - Options for Paid Parental Leave: Interim Paper 2002

Part A: Background - Working and Having Children in Australia

CHAPTER 1: What is paid maternity leave?

1.1 Introduction
1.2 A work related entitlement
1.3 Maternity leave and parental leave
1.4 Funding paid maternity leave

CHAPTER 2: Overview of current maternity leave arrangements

2.1 Introduction
2.2 Women, work and children in Australia
2.3 Existing maternity leave arrangements
2.4 Government payments to parents
 2.5 Lack of statistical information

CHAPTER 1: What is paid maternity leave?

1.1 Introduction

The desirability and nature of a national system of paid maternity leave is still being debated in Australia. This paper is a contribution towards that debate. In order to provide an effective starting point for a discussion of paid maternity leave options, the paper relies on an understanding of paid maternity leave as a workplace entitlement - a payment made to women that compensates for lost income at the birth of a child. The paper acknowledges that the Federal Government already provides various forms of support to women and families around childbirth; this paper is, in part, an attempt to identify what needs remain that a paid maternity leave scheme could usefully meet.

This chapter explores the characteristics of paid maternity leave and sets out the starting point for discussion in the paper. In particular, this chapter outlines the basis for a presumption in favour of paid maternity leave as a work related entitlement for women and the possible funding sources for such a scheme. One purpose of this paper is to open debate on the preferred scope and coverage of any future paid maternity leave scheme. The basic characteristics of paid maternity leave will therefore be discussed in detail at Chapter 10. Submissions are welcome on any of the points raised in this chapter.

1.2 A work related entitlement

This paper is concerned primarily with paid maternity leave as a work related entitlement and as such focuses on women in the workforce and intending to return to work. One reason for considering paid maternity leave as a work related entitlement for women is that women's reproductive and parenting functions place them at a disadvantage relative to men in the workplace in terms of remuneration, appointment and promotion. [2] In particular, childbirth and the period shortly after constitute significant periods of absence from the workforce or reduced labour force activity. A system of paid maternity leave would go some way to addressing disadvantage and acknowledging the needs of women in the workforce who also bear and raise children. Women have high levels of attachment to the labour force in their prime child bearing years. Currently 70.8 per cent of women aged 25-34 participate in the labour force. [3] This suggests that an effective system of support for maternity will be one that recognises the impact of paid work on the way women manage motherhood. These issues are discussed further in Chapter 7.

Further support for a system of paid maternity leave as a work related entitlement comes from the existence of current paid maternity leave provisions, which are tied to employment and offered primarily to women, but which are piecemeal and unevenly distributed throughout the workforce. The role of paid maternity leave in redressing women's workplace disadvantage and overcoming the current distribution of paid leave is further discussed in Chapter 6.

An additional reason for considering paid maternity leave as a work related entitlement is current international standards. Paid maternity leave or an equivalent form of compensation or benefit is acknowledged as a workplace right in international instruments such as the International Labour Organization's Maternity Protection Convention, 2000 (ILO 183) [4] and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). [5] This international acknowledgement of the need for paid maternity leave is based on the health and welfare needs of new mothers as well as the financial disadvantage maternity confers upon women as the bearers and, for the most part, primary carers of children. Paid maternity leave as an international human right is further discussed in Chapter 3.

Finally, paid maternity leave as a work related entitlement has benefits for individual employers, the economy and society which are discussed in Chapters 8 and 9.

Any discussion of paid maternity leave also impacts on broader issues of work and family, and the support that society provides to all parents at the time of the birth of a child. It is beyond the scope of this paper to look at all work and family issues or all forms of maternity assistance provided to women. It should not be construed from this approach that the interests of mothers not in paid work are less important. Certainly this paper assumes that non-working mothers should receive appropriate financial support. Submissions are welcome, for example, on whether or not it can be argued that the needs of non-working mothers should be considered separately from those of working mothers.

1.3 Maternity leave and parental leave

Maternity leave is a period of paid or unpaid leave from the workplace that is available to women at child birth, or upon the adoption of a child, as opposed to parental leave which is available to either parent. This paper makes a presumption in favour of maternity leave as the starting point for discussion. This presumption is made in recognition of current laws and practices favouring maternity leave; the fact that women bear children and breastfeed; the fact that women are overwhelmingly the primary carers of babies and are the most likely to suffer financial and career detriment following child birth. It also reflects the significance afforded to maternity under international instruments.

Debates about the relative merits of paid maternity leave and parental leave are acknowledged. The need for fathers to be active and fully engaged parents is an important consideration. This issue is further discussed in Chapter 10.

1.4 Funding paid maternity leave

The description of paid maternity leave as a work related entitlement often leads to the inference that it is the financial responsibility of employers. However, paid maternity leave may be financed by government, employers, employees or a combination of each.

In fact, most countries fund maternity leave through a combination of government, employer and employee contributions. This ranges from an entirely government funded scheme as in the United Kingdom and New Zealand to European social insurance schemes which involve contributions from employers, employees and government. Further along the spectrum are countries such as the Bahamas which provide for a 60-40 government-employer funded scheme and Haiti and Jamaica where the employer is mandated to be entirely responsible. Australia has mandated a generous period of unpaid leave to women employees who meet certain threshold criteria, but currently makes no other requirement of employers.

The International Labour Organization does not support a funding model for paid maternity leave in which employers are individually and directly liable for payments to employees unless such an arrangement is negotiated at the national level. [6] This is discussed further at Section 3.2.3.

This paper is neutral about the preferred means of funding a paid maternity leave scheme, acknowledging the importance of stakeholders' views on this crucial point. Examples of various approaches by other countries to funding paid maternity leave are discussed in Chapter 4 and a number of options for funding a paid maternity leave system in Australia are discussed in Chapter 11.

CHAPTER 2: Overview of current maternity leave arrangements

2.1 Introduction

This section of the paper provides an overview of available information on the ways in which women combine work, childbirth and the care of young children and current arrangements for both paid and unpaid maternity leave in Australia. More detailed information is included in Appendix A to this paper.

This information provides a useful backdrop for considering

2.2 Women, work and children in Australia

Women in Australia combine work and family differently, at childbirth and across their lifetimes. The majority of women (70.8 per cent) in the key childbearing years of 25-34 participate in the labour force. [7] While the trend in the number of women participating in the labour force continues to increase, [8] the number of children being born per woman has been falling since 1961. [9] Australia's total fertility rate has fallen significantly during the last century, and is currently below the replacement rate. [10] Women with higher income and educational attainment are likely to have few or no children. [11]

The presence and age of young children has a direct impact on women's employment. Only two in five women with one child are in the labour force when that child is aged less than 12 months. [12] Women are less likely to work as the number of young children they have increases. Thirty three per cent of women with two or more children aged less than five years are in the labour force compared with 53 per cent of women with one child aged less than five years. [13] Women in couple families with young children are significantly more likely to participate in the labour force than female sole parents with young children. [14]

Women increase their labour force participation as their children get older. Women with one child aged 3-4 years have the same participation rate as women with one child of primary school age. [15]

Older studies have also shown that women are more likely to return to work if they are in work at the time of pregnancy. [16]

These data show that the presence of young children in a family does affect women's employment decisions, with women less likely to work if they have very young children, a number of pre-school aged children or if they are a sole parent. In addition, there is a distinct group of women who are choosing not to have children in preference to careers.

More detailed information is included in Appendix A to this paper.

2.3 Existing maternity leave arrangements

Australia currently has a variety of arrangements in place for maternity leave, as outlined below. While Australia's unpaid maternity leave arrangements are reasonably generous by international standards, existing paid maternity leave arrangements are limited, haphazard and fall significantly below what could be considered a national system. More detailed information is included in Appendix A to this paper.

2.3.1 Unpaid maternity leave

Legal provisions

The Workplace Relations Act 1996 (Cth) is the primary legislative instrument at the federal level which regulates employee entitlements. Under the Workplace Relations Act, permanent full time and part time employees who have 12 months continuous service with their employer have a minimum entitlement to 52 weeks of unpaid parental leave following the birth or adoption of a child. Except for one week, parents cannot take leave simultaneously as it is designed for the primary care-giver. Employees taking unpaid parental leave have a right to return to the position they held prior to taking leave, or to one nearest in status. [17] State legislation generally mirrors the federal provision. [18]

In May 2001, an Australian Industrial Relations Commission (AIRC) decision granted access to unpaid parental leave to federal award-covered casual employees employed on a 'regular and systematic basis for several periods of employment or on a regular or systematic basis for an ongoing period of employment during a period of at least 12 months, and [who have] a reasonable expectation of on-going employment'. [19] This new provision will be inserted into federal awards on application by the award parties on an award-by-award basis. Legislation in Queensland and New South Wales also covers casual employees who have regular, continuous service with one employer. [20]

Eligibility, take up and duration

The Australian Living Standards Study (ALSS) conducted in 1991-1992 found that three quarters of women in its full time employee sample were eligible for parental leave, while the number of eligible part time females was less than 40 per cent. [21] Part time employees' lack of eligibility was most likely due to the high proportion of part time employees who worked on a casual basis. Some 47 per cent of full time male employees in the sample indicated that they were eligible for parental leave.

Comprehensive statistics are not available on the number of women who take unpaid maternity leave each year. While there were 249 600 births in Australia in 2000, [22] the number of women who took unpaid maternity leave is likely to be significantly less than this. The figure would need to be adjusted downwards to account for women not in the labour force, women not eligible for unpaid maternity leave, and women who choose to resign from employment or take other forms of leave rather than take maternity leave.

A recent Australian Bureau of Statistics (ABS) survey of women in New South Wales estimated that 154 900 women aged 18-54 with a child under the age of 15 had taken unpaid maternity leave in the last five years. [23] ABS statistics on Victoria found that 44 per cent of women who took a break from employment to have a child took maternity leave. [24]

In addition to the lack of information on the numbers of women taking unpaid maternity leave, there is also a lack of information on the duration of leave for those who do take unpaid maternity leave. A 1998 ABS survey of 232 women with children under six years, employed at the time the survey was conducted, found that 72 per cent of these women had returned to work within a year of the birth of their youngest child. [25] However, any leave taken was not necessarily unpaid maternity leave. A 1988 study by the Australian Institute of Families Studies (AIFS) found 65 per cent of women who were eligible for, and took, maternity leave [26] returned to work with the same employer within the 12 month statutory period. [27]

2.3.2 Paid maternity leave

The most recent data on paid leave arrangements found that 38 per cent of female employees reported that they were entitled to paid maternity leave. [28] Therefore, approximately 62 per cent of women in employment do not have access to paid maternity leave. [29] When these women have children and by necessity take time away from the workplace, they receive no compensation for the income they lose. [30] Others may return to the workforce from financial necessity, leaving very young infants at home.

The 1995 Australian Workplace Industrial Relations Survey (AWIRS) found that 34 per cent of workplaces with more than 20 employees provided some form of paid maternity leave, potentially covering 36 per cent of employees working at workplaces with 20 or more employees. [31]

A nation-wide survey in 2000-01 by Equal Opportunity for Women in the Workplace Agency (EOWA) of firms with more than one hundred employees found that 23 per cent of employers offered some form of paid maternity leave to employees. [32] The EOWA data suggest some increase in the provision of paid maternity leave provisions amongst Australia's largest organisations (from 15 per cent of organisations in 1997 [33] to 23 per cent in 2000-01). However the number of organisations offering paid maternity leave between 1998-99 and 2000-01 has remained stable at 23 per cent. [34]

Paid maternity leave by industrial instrument

In the absence of any legislated right to paid maternity leave, such leave may be provided for in awards, agreements or individual workplace policies. Awards and agreements are industrial instruments that regulate the employment relationship in terms of pay and conditions of employment. Awards are legally binding documents that set out the minimum entitlements of employees. Certified agreements are a form of collective agreement made between an employer and a group of employees, or a union acting as a representative of the employees. An Australian Workplace Agreement (AWA) is an individual agreement made between an employer and an employee.

A review of the top 100 federal awards by coverage of workers, undertaken by the then Department of Employment, Workplace Relations and Small Business (DEWRSB), found that only six awards included provision for paid parental leave. [35]

The Workplace Agreements Database (WAD) found that, for the period 1997-2001, seven per cent of all federal certified agreements made provision for paid maternity leave. [36] For the same period, WAD found that 31 per cent of female employees covered by federal certified agreements potentially had access to paid maternity leave. [37]

0.7 per cent of AWAs operating in March 2002 provided for paid maternity leave. [38] The duration of the leave offered was either nine or 12 weeks. [39] This figure is even more negligible when it is considered that AWAs are generally limited to particular industries and apply to more highly skilled workers.

In addition to provision in awards and agreements, access to paid maternity leave may be provided for in individual company policies. Information about the extent and operation of company policies providing for paid parental leave is scant and represents a future area for research.

It is not possible from the available data to determine which industrial instrument is most commonly used to provide paid maternity leave. It is clear that paid maternity leave arrangements have not entered awards and agreements in any great numbers and that enterprise bargaining has not significantly increased women's access to paid maternity leave.

Paid maternity leave by organisation size and type

Available data suggest that paid maternity leave is predominantly available in the public sector and larger organisations.

The EOWA survey found that companies with more than 1,000 employees were more likely (38 per cent) to offer paid maternity leave than companies with between 100-499 employees (20 per cent). [40]

The AWIRS of workplaces with more than 20 employees found that paid maternity leave was far more common in the public sector (59 per cent of workplaces offered some form of paid maternity leave, potentially covering 57 per cent of employees) than the private sector (23 per cent of workplaces offered some form of paid maternity leave, potentially covering 24 per cent of employees). [41] AWIRS has not been repeated since 1995, leaving a gap in comprehensive information on paid maternity leave arrangements.

Paid maternity leave by employment status

The Survey of Employment Arrangements and Superannuation (SEAS) showed that highly skilled women in full time work have greater access to paid maternity leave than women in more marginal employment, with lower skills, and who are in part time or casual work. SEAS found the form of women's employment had a significant influence on access to paid maternity leave, with 51 per cent of women in full time work, 21 per cent of women in part time work and 0.4 per cent of women in casual employment reporting that they had access to paid maternity leave. [42]

Paid maternity leave by occupation

The occupations with the highest incidence of paid maternity leave are those with high skill levels and higher education. SEAS found that 65 per cent of managers and administrators and 54 per cent of professionals had access to paid maternity leave. [43] In contrast, SEAS found that the occupations with the lowest incidence of paid maternity leave were elementary clerical, sales and service workers (18 per cent) and labourers and related workers (21 per cent). [44]

Paid maternity leave by industry

EOWA found significant differences between industries in their research on private sector organisations with more than 100 employees. EOWA found the following rates of paid parental leave amongst organisations by industry: 56.4 per cent in the education sector; 33.5 per cent of property and business services; 30.1 per cent in the finance and insurance industry; 24.9 per cent in the health and community services industry; 15.4 per cent of manufacturing companies; 7.4 per cent of transport and storage organisations; 7.2 per cent of retail trade organisations; 5.2 per cent of accommodation, cafes and restaurants and 4.5 per cent of the wholesale trade organisations. [45]

SEAS found a similar distribution amongst industries, with industries such as government administration and defence (68 per cent), finance and insurance (59 per cent) and education (57 per cent) having a higher incidence of paid maternity leave; while accommodation, cafes and restaurants (13 per cent), retail (20 per cent) and cultural and recreational services (28 per cent) had a lower incidence. [46]

Duration of paid maternity leave

Available data suggest that there are very limited cases in Australia where women receive the international standard of a minimum of 14 weeks paid maternity leave and that in many cases available leave falls well short of this standard. It should be borne in mind that maternity leave may be taken before and after the birth of the child and usually expectant mothers take some leave before the birth.

Analysis by the former DEWRSB of federal agreements certified from January 1997 to June 2001 found that the average duration of paid maternity leave for this period was approximately six weeks, with the average in 2001 reaching almost eight weeks. [47] Paid maternity leave provisions in Certified Agreements ranged from one day to up to 18 weeks, with the most frequent periods offered being two weeks (39 per cent), six weeks (21 per cent) and 12 weeks (23 per cent). [48]

Currently operating AWAs provide paid maternity leave of either nine weeks or 12 weeks. [49] However, it is important to note that women with AWAs are likely to be more highly qualified than other women in the workforce and therefore may have increased bargaining power. [50]

For 2000-01, EOWA found that, amongst organisations with over 100 employees, 41 per cent of organisations that provide some form of paid maternity leave provided five to six weeks of leave, [51] while another 33 per cent of these organisations provided nine to 12 weeks of paid maternity leave. [52]

As was the case with availability of paid maternity leave, there was also variation across industries in the average length of paid maternity leave offered. Amongst federal Certified Agreements in 2001, the communication services industry offered on average 12 weeks, finance and insurance offered on average seven weeks, while retail trade and accommodation, cafes and restaurants both offered an average of four weeks. [53]

In the public sector, the length of paid leave varies considerably from four weeks in South Australia to a maximum of 12 weeks at the federal level.

Comprehensive statistics on the duration of paid maternity leave provided for in individual company policies are not available.

Take up rate of paid maternity leave

Statistics are not available on the number of women who take paid maternity leave each year or on the length of leave they take.

For the period 1983-84 to 1988, the take up rate for paid maternity leave in the Commonwealth public sector was 'about 3.3 per cent of the female workforce and approximately 1.3 per cent of the total workforce'. [54]

In 2000, the take up rate of paid maternity leave for the New South Wales public sector was 3.3 per cent of the female New South Wales public sector workforce, representing 1.9 per cent of the total New South Wales public sector workforce. [55]

The Federated Municipal and Shire Council Employees Union of Australia, New South Wales Division has estimated that 'the take-up rate for paid maternity leave is likely to be around 1.2 per cent of the total local government workforce across NSW'.

2.3.3 Limitations with the data

A significant limitation with the majority of available data is that they only record whether workplaces or agreements provide some form of paid maternity leave. They do not provide information on the number of women who are actually eligible for paid maternity leave. Eligibility criteria, such as the need for 12 months service, mean that many women will not be eligible for paid maternity leave, even though they may work in organisations that provide for such leave. Employees that fall outside of these formal conditions, such as contract workers, will not have access to paid maternity leave. Similarly, casual employees' limited access to leave entitlements means that they will generally not have access to paid maternity leave, even where they work in organisations that offer this type of leave. This is highlighted by SEAS data which found that only 0.4 per cent of casual employees had access to paid maternity leave. [57] Further, paid maternity leave may only be offered by an organisation on a discretionary basis. This means that the figures outlined in this section of the paper are likely to significantly overstate the availability of paid maternity leave.

The available data do not record the number of women who take maternity leave. Even though paid maternity leave may be available, this does not mean that women actually use this leave. The take up rate of paid maternity leave is a crucial factor in determining the effectiveness of workplace provision of paid maternity leave. A range of factors, such as workplace culture or fear of affecting career prospects, may mean that women are unwilling to take paid maternity leave.

Significant gaps in data collection for arrangements and the availability of paid maternity leave remain. This limits the ability to assess the effectiveness of current paid maternity leave provisions. It also places limits on the ability of policy makers to predict behavioural responses to any changes in paid maternity leave provisions or to evaluate the effectiveness of alternative models of paid maternity leave. Future research in this area is vitally important.

More detailed information is included in Appendix A to this paper.

QUESTIONS

Q.1 Are you aware of any more specific information that would assist calculation of the number of women who are in the Australian workforce at the time they have a baby?
Q.2 Are you aware of any more specific information that would assist calculation of the number of women who are in the Australian workforce who are eligible for unpaid maternity leave?
Q.3 Is there an accurate way to estimate take up rates for unpaid or paid maternity leave under current provisions based on current information about women and work?
Q.4 Is there an accurate way to estimate take up rates for unpaid or paid paternity leave under current provisions based on current information about men and work?
Q.5 Is it more likely that women or men would take leave if they were eligible for payments? Please provide details.

2.4 Government payments to parents [58]

The Federal Government provides a range of income support payments to families to assist with the costs of raising children, including newborns. The stated aim of these payments is to recognise the needs and choices of both single and dual income families.

Government payments to parents through allowances and tax benefits are a means of supporting parents generally with the care of children, rather than directly assisting women to take leave from work at the time of childbirth. Government payments to parents are part of the framework of support for maternity in general and have been included for that reason.

The Human Rights and Equal Opportunity Commission (HREOC) recognises the need for government assistance to support the different circumstances of women, including those in work and those who are full time carers. Paid maternity leave should not be seen as a replacement to existing government support, but rather as a modification or addition that would support the needs of a particular group of women, namely women in employment. Paid maternity leave is only one of a suite of measures that would ideally be available to give women real choice in how they care for their children and how they combine work and family.

Current government payments to families include the following.

More detail on these payments is provided in Appendix A.

As can be seen f rom the above descriptions, many of these government payments actually relate to a significantly larger group of children and young people than newborns.

Government expenditure in 2000-01 on Maternity Allowance and Maternity Immunisation Allowance was $218 million. [66] These payments both constitute a payment to families to support young children. Government expenditure in 2000-01 on FTB(A) and FTB(B) was $10.087 billion. [67] While FTB does provide financial assistance to families with young children, it also extends to much older children. Government spending on the Baby Bonus is projected to reach $510 million in 2005-06.

Of all government payments to families, Maternity Allowance comes closest to representing an alternative to paid maternity leave. However HREOC considers that $798.72 falls significantly short of the international minimum standard of 14 weeks paid maternity leave, being less than one week of average weekly earnings [68] or about four and a half weeks of unemployment benefits. [69] It is also means-tested and operates as a welfare measure rather than a work related entitlement.

Existing government payments to parents recognise the social benefit that accrues from reproduction. The amount currently provided, however, falls short of income protection or meeting the costs associated with a newborn child and as such may not be considered to constitute paid maternity leave.

QUESTIONS

Q.6 Do you consider that government support for families with newborn children may be considered to approximate paid maternity leave?
Q.7 Do you consider that government support for families with newborn children is appropriately targeted? If not what additional or alternative support do you consider is required?

2.5 Lack of statistical information

As noted in Section 2.3.3 above, there is a serious lack of statistical information available about maternity, family responsibilities and work arrangements. In addition, much of the available information is outdated and limited in scope. This means that it is difficult to get a clear picture of current arrangements for maternity leave in Australia. It also places significant limitations on what can accurately be predicted about future provisions for paid maternity leave.

In 1999, as part of the Report of the National Pregnancy and Work Inquiry, Pregnant and Productive, HREOC recommended

that the Minister for Employment, Workplace Relations and Small Business provide funding to the Sex Discrimination Commissioner to undertake economic modelling and analysis of possible paid maternity leave options. The project, to be conducted in consultation with the Department of Employment, Workplace Relations and Small Business, would also involve extensive and close consultation with all relevant and interested parties. [70]

HREOC did not have additional resources to conduct empirical research for this paper. Future research in this area is vitally important.

QUESTIONS

Q.8 Do you have any more information than provided in this paper on current arrangements that women and their families make to support themselves at the time of the birth of a new child?

2. The work of the Human Rights and Equal Opportunity Commission (HREOC), and particularly the Sex Discrimination Commissioner, has identified the various ways in which women experience workplace disadvantage. See for example Human Rights and Equal Opportunity Commission Glass Ceilings and Sticky Floors HREOC Sydney 1997; Human Rights and Equal Opportunity Commission Equal Pay Handbook HREOC Sydney 1998; Human Rights and Equal Opportunity Commission Sexual Harassment: A code of practice HREOC Sydney 1998; Human Rights and Equal Opportunity Commission Pregnant and Productive: It's a right not a privilege to work while pregnant HREOC Sydney 2001.
3. ABS 6203.0 Labour Force Australia August 2001, 26.
4. Part 4 International Labour Organisation Convention Concerning the Revision of the Maternity Protection Convention (Revised) 1952 International Labour Conference (88th: 2000: Geneva Switzerland).
5. Part 11(2)(b) Convention on the Elimination of All Forms of Discrimination Against Women GA Res 180 (XXXIV 1970), 19 ILM 33 (1980).
6. Part 6(8) International Labour Organisation Convention Concerning the Revision of the Maternity Protection Convention (Revised) 1952 International Labour Conference (88th: 2000: Geneva Switzerland).
7. ABS 6203.0 Labour Force Australia August 2001, 26.
8. ABS 6203.0 Labour Force Australia August 2001, 16.
9. ABS 3301.0 Births Australia 2000, 13.
10. ABS 3301.0 Births Australia 2000, 13.
11. ABS 3301.0 Births Australia 2000, 6.
12. Peter McDonald "Work-family policies are the right approach to the prevention of low fertility" (2001) 9(3) People and Place, 17-27 at 18.
13. ABS 6224.0 Labour Force Status and Other Characteristics of Families Australia June 2000, 16, Table 8.
14. ABS 6224.0 Labour Force Status and Other Characteristics of Families Australia June 2000, 5-7.
15. Peter McDonald "Work-family policies are the right approach to the prevention of low fertility" (2001) 9(3) People and Place, 17-27 at 18.
16 .See for example Australian Institute of Family Studies Maternity Leave in Australia: Employee and employer experiences - Report of a survey Commonwealth of Australia Melbourne 1988, 4.
17. sch 14 cl 12 Workplace Relations Act 1996 (Cth).
18. s 54(1) Industrial Relations Act 1996 (NSW); s 18(2) Industrial Relations Act 1999 (Qld); sch 5 cl 1 Industrial and Employee Relations Act 1994 (SA); In Tasmania the provisions of the federal Act apply; sch 1A Workplace Relations Act 1996 (Cth) applies to Victorian workers; s 33 Minimum Conditions of Employment Act 1993 (WA); s 5 Parental Leave (Private Sector Employees) Act 1992 (ACT); in the Northern Territory the provisions of the federal Act will apply.
19. Re Parental Leave - Casual Employees Test Case Print 904631 31 May 2001 (2001) EOC 93-144, para 8.
20. s 53 Industrial Relations Act 1996 (NSW); s16(1)(a) Industrial Relations Act 1999 (Qld).
21. Helen Glezer and Ilene Wolcott Work and Family Life: Achieving integration Australian Institute of Family Studies Melbourne 1995, 37- 8.
22. ABS 3301.0 Births Australia 2000, 8.
23. ABS 4903.1 Managing Caring Responsibilities and Paid Employment NSW October 2000, 4.
24. Cited in Bettina Cass "Expanding paid maternity/parental leave through family income support: Supporting early infant care as a social responsibility" (1994) Social Security Journal 3-18 at 12.
25. ABS 6254.0 Career Experience Australia November 1998, 23.
26. Maternity leave was defined in this study as 'time absent from work allowed by employers for an employee to have a baby…'. No differentiation was made between paid and unpaid maternity leave: Australian Institute of Family Studies Maternity Leave in Australia: Employee and employer experiences - Report of a survey Commonwealth of Australia Melbourne 1988, 15-16.
27. Australian Institute of Family Studies Maternity Leave in Australia: Employee and employer experiences - Report of a survey Commonwealth of Australia Melbourne 1988, 52.
28. ABS 6361.0 Survey of Employment Arrangements and Superannuation April - June 2000 unpublished data.
29. ABS 6361.0 Survey of Employment Arrangements and Superannuation April - June 2000 unpublished data.
30. As noted at Section 2.4 below, all women will potentially have access to some welfare based payments at the time of the birth of a child, which will offset lost income to a limited extent.
31. Alison Morehead et al Changes at Work: The 1995 Australian Workplace Industrial Relations Survey Longman Melbourne 1997, 451.
32. Equal Opportunity for Women in the Workplace Agency 2002 unpublished data.
33. Department of Employment, Workplace Relations and Small Business Work and Family State of Play 1998 Commonwealth of Australia Canberra 1998, 18.
34. Equal Opportunity for Women in the Workplace Agency 2002 unpublished data.
35. Research provided by the Department of Employment, Workplace Relations and Small Business dated 7 November 2000.
36. Department of Employment and Workplace Relations Workplace Agreements Database dated 3 April 2002 unpublished data.
37. Department of Employment and Workplace Relations Workplace Agreements Database dated 28 March 2002 unpublished data. The large number of employees can in part be explained by the inclusion of public sector employees with legislated rights to paid maternity leave.
38. Australian Centre for Industrial Relations Research and Training Agreements Database and Monitor : Report 32 University of Sydney March 2002, 8.
39. Australian Centre for Industrial Relations Research and Training Agreements Database and Monitor : Report 32 University of Sydney March 2002, 8.
40. Equal Opportunity for Women in the Workplace Agency 2002 unpublished data.
41. Alison Morehead et al Changes at Work: The 1995 Australian Workplace Industrial Relations Survey Longman Melbourne 1997, 451.
42. ABS 6361.0 Survey of Employment Arrangements and Superannuation April - June 2000 unpublished data.
43. ABS 6361.0 Survey of Employment Arrangements and Superannuation April - June 2000 unpublished data.
44. ABS 6361.0 Survey of Employment Arrangements and Superannuation April - June 2000 unpublished data.
45. Equal Opportunity for Women in the Workplace Agency 2002 unpublished data.
46. ABS 6361.0 Survey of Employment Arrangements and Superannuation April - June 2000 unpublished data.
47. Department of Employment and Workplace Relations Workplace Agreements Database dated 3 April 2002 unpublished data.
48. Department of Employment and Workplace Relations Workplace Agreements Database dated 3 April 2002 unpublished data.
49. Australian Centre for Industrial Relations Research and Training Agreements Database and Monitor : Report 32 University of Sydney March 2002, 8.
50. Department of Employment, Workplace Relations and Small Business Work and Family State of Play 1998 Commonwealth of Australia Canberra 1998, 28. See also the discussion on equity issues in Chapter 6.
51. Equal Opportunity for Women in the Workplace Agency 2002 unpublished data.
52. Equal Opportunity for Women in the Workplace Agency 2002 unpublished data.
53. Department of Employment and Workplace Relations Workplace Agreements Database dated 3 April 2002 unpublished data.
54. Submission by the Commonwealth Government of Australia to the Parental Leave Case Print J3596 26 July 1990 (1990) 36 IR 1 citing Department of Finance Australian Public Service Statistical Year Book 1987-88 AGPS Canberra; and Department of Finance (2000) unpublished data in Lyn Fraser Paid Maternity Leave in NSW Local Government: Employment equity aspects and anticipated take-up rate Federated Municipal and Shire Council Employees Union of Australia Sydney 2001, 16.
55. See the findings in the unpublished report of the Office of the Director of Equal Opportunity in Public Employment The Workforce Profile cited in Lyn Fraser Paid Maternity Leave in NSW Local Government: Employment equity aspects and anticipated take-up rate Federated Municipal and Shire Council Employees Union of Australia Sydney 2001, 17.
56. Lyn Fraser Paid Maternity Leave in NSW Local Government: Employment equity aspects and anticipated take-up rate Federated Municipal and Shire Council Employees Union of Australia Sydney 2001, 20.
57. ABS 6361.0 Survey of Employment Arrangements and Superannuation April - June 2000 unpublished data.
58. This section is drawn from the Centrelink publications
Centrelink Information: A Guide to Payment and Services 2001-2002: www.centrelink.gov.au/internet/internet.nsf/about_us/centrelink_info.htm; Centrelink A Guide to Commonwealth Government Payments 20 March - 30 June 2002: www.centrelink.gov.au/internet/internet.nsf/publications/rate.htm and from Department of Family and Community Services Annual Report 2000-01 Commonwealth of Australia Canberra 2001.
59. Centrelink A Guide to Commonwealth Government Payments 20 March - 30 June 2002: www.centrelink.gov.au/internet/internet.nsf/publications/rate.htm, 4.
60. Centrelink A Guide to Commonwealth Government Payments 20 March - 30 June 2002: www.centrelink.gov.au/internet/internet.nsf/publications/rate.htm, 5.
61. Centrelink A Guide to Commonwealth Government Payments 20 March - 30 June 2002: www.centrelink.gov.au/internet/internet.nsf/publications/rate.htm, 2.
62. Centrelink A Guide to Commonwealth Government Payments 20 March - 30 June 2002: www.centrelink.gov.au/internet/internet.nsf/publications/rate.htm, 4.
63. Centrelink A Guide to Commonwealth Government Payments 20 March - 30 June 2002: www.centrelink.gov.au/internet/internet.nsf/publications/rate.htm, 6.
64. Centrelink A Guide to Commonwealth Government Payments 20 March - 30 June 2002: www.centrelink.gov.au/internet/internet.nsf/publications/rate.htm, 5.
65. Taxation Law Amendment (Baby Bonus) Bill 2002 Explanatory Memorandum para 1.4.
66. Department of Family and Community Services Annual Report 2000-2001 Commonwealth of Australia Canberra 2001, 42.
67. Spending on FTB(A) and FTB(B) constitutes $10.076 billion delivered via the social security system (Department of Family and Community Services Annual Report 2000-01 Commonwealth of Australia Canberra 2001, 42) and $11 million delivered via the tax system (Treasury Tax Expenditure Statement 2001 Commonwealth of Australia Canberra 2001, 7). Note that the amount delivered via the tax system is an estimate for spending in 2000-01 as opposed to the social security figure which is actual expenditure.
68. Based on average weekly earnings of $848.60. This figure is the seasonally adjusted average weekly earnings for November 2001 using full time adult ordinary time earnings. See ABS 6302.0 Average Weekly Earnings November 2001, 5.
69. Based on the single rate of Newstart Allowance of $369.00 per fortnight. See Centrelink A Guide to Commonwealth Government Payments 20 March - 30 June 2002: www.centrelink.gov.au/internet/internet.nsf/publications/rate.htm, 11.
70. rec 46, Human Rights and Equal Opportunity Commission Pregnant and Productive: It's a right not a privilege to work while pregnant HREOC Sydney 2001, 229.