Page 1878 - Week 07 - Thursday, 20 August 1992
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This Bill is an important step in Labor's social policy of assisting workers with family responsibilities to combine those responsibilities with their employment. This initiative also demonstrates the ACT's commitment to International Labour Convention 156, which requires policies to support workers with family responsibilities to combine the role of parenting with their employment. International Labour Organisation Convention 156 was ratified by Australia in 1990, with the agreement of the ACT. Article 3 of the convention provides in clause 1:
1. With a view to creating effective equality of opportunity and treatment for men and women workers, each member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.
Articles 7 and 8 are even more specific. They state:
7. All measures compatible with national conditions and possibilities, including measures in the field of vocational guidance and training, shall be taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.
8. Family responsibilities shall not, as such, constitute a valid reason for termination of employment.
ILO recommendation 165, which is associated with the convention, refers directly to parental leave. Subclause 22(1) provides:
22(1). Either parent should have the possibility, with a period immediately following maternity leave, of obtaining leave of absence (parental leave) without relinquishing employment and with rights resulting from employment being safeguarded.
From these extracts members will see that the Bill is a major step for the Territory in meeting our and Australia's international obligations as a country which has ratified ILO Convention 156. Workers will be able to enforce their entitlement by obtaining a declaration from the court as to their entitlement.
Madam Speaker, there are those within our business community who will argue that a period of economic recession is not the time to introduce these measures. They will tell you that businesses are oppressed by the economic circumstances of these times and that measures such as this which involve potential for a small increase in cost should be deferred until times are better. This line of thinking is short-sighted and fails to recognise the very rationale behind this legislation. It is during times of recession that workers are most affected by the loss of their employment. Family responsibilities are not suspended during times of recession but continue on. It is during times of recession, when employment is scarce, that workers most need protection of this kind. The Government recognises that some
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