Women

Unravelling the maternity leave debate

By Sue Hammond
Federal Women's Industrial Officer

The debate about both paid and unpaid maternity leave is currently taking a lot of space in the media. We've all seen the photos of the sensitive new age John Howard grinning at babies, discussions about middle class welfare and more extreme comments of Cabinet members seeing working mothers as `sinful'. Well what is happening now and how has the CPSU-SPSF contributed to the debate?

It is important to distinguish between the campaign for paid maternity leave and the campaign for unpaid maternity leave.

Paid Maternity Leave - Where are we at?

We reported to you earlier this year that the Australian Democrats had introduced a Bill to Federal Parliament amending the Workplace Relations Act to include a system of paid maternity leave. The Bill was referred to a Senate Inquiry. The Bill was the first positive step to have a national paid leave system granted to women workers. The CPSU-SPSF made submissions on behalf of its members. The CPSU-SPSF argued that the Bill discriminated against public sector workers as public sector workers were excluded from the Bill. We argued that while the Democrats believed that leave for public sector workers ought to be provided by state and federal governments, this would result in an unequal system as some states provided inferior entitlements to others. In some states public sector workers only have access to two weeks paid leave. If a national system of 14 weeks were to be introduced many state employees would be denied this and remain on inferior conditions. We also argued that superior entitlements already won by public sector workers must not be threatened or diminished by any means. We argued that the minimum wage rate is too low and that average weekly earnings was a more appropriate level. Our submission was well received and is mentioned on many occasions in the Senate Report. As well as making the submission your union has been represented in discussions with Natasha Stott-Despoja, Dr. Carmen Lawrence and representatives of the Greens Senators. The Bill was, as expected, rejected in the Senate.

The Human Rights and Equal Opportunity Commission are also currently investigating paid maternity leave. Pru Goward, the Sex Discrimination Commission, issued a discussion paper, `Valuing Parenthood' in April 2002 and asked interested groups to make submissions expressing their views on a paid maternity leave system. The ACTU and other unions, women's groups and employer organisations made submissions. The CPSU-SPSF made a submission on behalf of its members. Again we argued for a national system, based on average weekly earnings which did not diminish or place at risk any superior entitlements already gained by our members. Again, your union has been represented at meetings and forums with the ACTU Women's committee, Labour Council's, politicians, the Sex Discrimination Commissioner and the media.

The Sex Discrimination Commissioner is due to release her report towards the end of this year. It will then be up to the Government, major political parties, unions and other groups to respond. The Federal Government appears to be divided on the issue with some in the Cabinet expressing reserved support while others such as Minchin reject a paid maternity leave system as being `middle class welfare'. This is an absurd statement as those who will benefit most will be those on low wages who at the moment have no paid leave entitlement. Furthermore, Minchin completely ignores the structure of women's wages. Women are mostly low-income earners and feature in the lower paid sections of the labour market.

Unpaid Maternity Leave - The ACTU Work and Family Claim

The ACTU have recently announced that they will run a test case in the Federal Industrial Relations Commission next year to improve work and family entitlements. The ACTU claim seeks to extend unpaid parental leave for three years, the right to part-time work on return to work and to request flexible hours and the right to unreasonable unpaid leave. It is also proposed that unpaid maternity leave provide that employers hold jobs open for working parents for up to five years. The Federal Government and employers groups have rejected these proposals and intend to oppose these moves in the Industrial Relations Commission.

Worker Entitlement NOT welfare!

The issue of maternity leave has always been an important matter for trade unions. It has been a measure in achieving greater equality for women workers. Paid maternity leave is not something that has just emerged since the Sex Discrimination Commissioner, Pru Goward, took up the issue last year. Unions and women's organizations have pursued paid maternity leave entitlements over decades. Many unions, particularly, public sector unions and your union, have negotiated better paid leave entitlements than those enjoyed by many other workers. Your union has in the past been active in pursuing this goal and remains so. The Australian Catholic University Agreement is an example of this.

Paid maternity leave is NOT about welfare - it is a work entitlement!

© 2001 Community & Public Sector Union - State Public Services Federation (CPSU-SPSF) - National Office

http://www.cpsu-spsf.asn.au/latest_news/women/20021001_equity.html
Last Modified: 15 Nov 2005