As this report shows, many Australians struggle to combine work and care under current arrangements. There is a pressing need for a holistic response, and for change across a range of areas including labour law, early childhood education and care (ECEC), respite systems, pay for care workers, leave arrangements and the security of working time and employment, amongst others.
The Australian Greens support the majority report. However, in addition to all the main report's recommendations, we make eleven additional recommendations.
A right to disconnect
The Senate Select Committee on Work and Care (committee) recommends in its final report that the Australian Government consider amending the Fair Work Act 2009 to include an enforceable 'right to disconnect' under the National Employment Standards. While we welcome the Australian Government's willingness to consider acting on this important issue, the Australian Greens recommend that the Australian Government prioritise such an amendment. This would give all workers a right to disconnect once their contracted working hours have finished and restrict employers from communicating with workers outside of work hours, except in the event of an emergency or for welfare reasons.
Recommendation
The Australian Greens recommend the Australian Government prioritise amendments to the Fair Work Act 2009 to include an enforceable 'right to disconnect' under the National Employment Standards.
Free early childhood education and care
We support the range of recommendations in this report relating to ECEC, including improving access to preschool, greater First Nations management of culturally appropriate services, and increased provision of publicly-funded centres. It is fundamentally important for all children to have access to a universal ECEC system which accommodates and is appropriate to the needs of all children.
In addition, the Australian Greens recommend that the provision of ECEC should be free. This would provide immediate cost of living relief to many Australian families. This recognises the widespread evidence of the extraordinary value that investment in the early years creates, and responds to the high cost of ECEC in Australia relative to many other countries. In becoming free, ECEC will be more easily accessed by those who need it most and it will reduce the administrative burden on families navigating the ECEC system.
Recommendation
The Australian Greens recommend the provision of free early childhood education and care to families.
Inclusion Support Program
In relation to the Inclusion Support Program (ISP), the Greens recognise the importance of this program in providing appropriate staffing to educate and care for diverse community needs. In this light, the Greens make an additional recommendation.
Recommendation
The Australian Greens recommend the Australian Government provide additional funding to the Inclusion Support Program (ISP) and implement revised guidelines for the ISP which:
remove the cap on additional educator hours, and instead align funded additional educator hours with the needs and enrolled hours of a child; and
ensure that the annual funding allocation to the ISP is properly indexed and aligns with the wages of early childhood educators.
Funding any pay increases for carers recommended by the Fair Work Commission
The committee heard compelling evidence about the need for increased wages in the ECEC, disability and aged care sectors, which should be addressed urgently. However, it is not enough to simply review the valuation of the work of carers, and create appropriate recognition of the skills, experience and knowledge of workers in the care sector. It is important that any such revaluation, and recommended increases in the pay to carers are properly funded by the government, and that National Disability Insurance Scheme or Aged Care Packages are adjusted appropriately to accommodate increased costs.
Recommendation
The Australian Greens recommend the Australian Government appropriately fund any pay increases and improved classifications and conditions for care workers decided by the Fair Work Commission.
Paid parental leave
There is a pressing need to improve Australia's paid parental leave (PPL) scheme to bring it in line with international standards. Beyond the recommendation that a pathway towards improvements be found, the Australian Greens specifically recommend, as a priority, that the Australian Government amend the Paid Parental Leave Act 2010 to immediately increase government-funded PPL to 26 weeks, then by four weeks every year from 2027 to 2032, and then a final increase of two weeks in 2033, in order to reach the international standard of 52 weeks of PPL by 2033.
To address the 'parenthood penalty', the rate of parental leave should be raised above the minimum wage. The Greens support PPL at replacement wages (up to $100 000 per annum pro rata), but urge the Australian Government to explore options for a liveable wage and initiatives to encourage employers to top up payments to full wage replacement. The Women's Economic Equality Taskforce could be tasked with undertaking a review of appropriate payment rates for PPL.
Recommendation
The Australian Greens recommend, as a priority, that the Australian Government amend the Paid Parental Leave Act 2010 to immediately increase government-funded paid parental leave to 26 weeks, then by four weeks every year from 2027 to 2032, and then a final increase of two weeks in 2033, in order to reach the international standard of 52 weeks of paid parental leave by 2033.
Recommendation
The Australian Greens recommend the Australian Government further amend the to the Paid Parental Leave Act 2010 to:
include 'use it or lose it' provisions to encourage co-parents to each take leave in accordance with best practice, and having regard to the recommendations of the Women's Economic Equality Taskforce;
guarantee the full 52 weeks leave to sole parents;
provide an additional two weeks leave, in addition to the 52 weeks, if the co-parent takes at least the minimum use it or lose it leave entitlement;
ensure superannuation is paid in addition to the paid parental leave payment; and
relax work and residency tests for eligibility for paid parental leave to ensure all parents have support to take leave. In particular, reforms should allow funded post graduate study to be counted as work for the purposes of satisfying the work test.
Paid sick and annual/holiday leave for casual workers
The report recommends that the Australian Government request the Fair Work Commission to review access to paid sick and annual leave for casual workers. This recommendation needs to go further, in view of the widespread nature of casual work across the Australian labour force, and the fact that the casual loading does not fully compensate for all the conditions lost to workers who are deemed casual, many of them working in the same jobs for extended periods of time. Many casuals who regularly work for years are not able to take paid sick leave or a holiday, and many of them have ongoing care responsibilities. It is time to narrow the incentive to casualise the workforce by paying casual workers sick and holiday leave.
Recommendation
The Australian Greens recommend the Australian Government amend the National Employment Standards in the Fair Work Act 2009 to establish a right for all workers (including casual workers) who have worked for a period of six months, to pro-rata paid sick and holiday leave.
Separate and increase paid carers and personal/sick leave
The report recommends a review of the adequacy of paid sick and carers leave and to investigate their potential improvement. The Australian Greens believe we need to go further than a review and take action.
Recommendation
The Australian Greens recommend the Australian Government amend the National Employment Standards under Division 7 of the Fair Work Act 2009, to separate carer's leave and personal leave into unique leave entitlements.
These separate leave entitlements should:
provide 10 days of paid carer's leave and a further 10 days of paid personal leave; and
be available on a pro-rata basis to all casual, part-time and permanent employees who have been engaged by an employer for at least six months.
Activity test
There are clear benefits of ECEC for children, particularly from disadvantaged or challenging backgrounds. The logic of tethering a child's participation in ECEC to parents' activity is akin to stopping a child from going to school if their parent does not work. The current policy settings need updating to take account of contemporary understandings of child development and social norms.
Recommendation
The Australian Greens recommend the Australian Government amend, as a matter of urgency, the relevant social policy and family assistance laws to abolish the activity test for eligibility for the Child Care Subsidy.
Carers Payment and Carers Allowance
Recommendation
The Australian Greens recommend that the Department of Social Services review and increase the level of the Carers Payment and the Carers Allowance, restoring them to their relative level of previous years, acknowledging the significant economic contribution that carers make.
Recommendation
The Australian Greens recommend the Australian Government ensure all income security payments (including the Age Pension, Disability Support Pension and JobSeeker Payment) are regularly reviewed and increased to remain above the poverty line and immediately increase the rate of income support payments to at least $88 a day.
Recommendation
The Australian Greens recommend the Australian Government ensure sole parents on income support payments can access the Parenting Payment Single until their youngest child turns sixteen years of age, and reverse the current policy which transfers sole parents from Parenting Payment Single to JobSeeker Principal Carer, when their youngest child turns eight years of age, and imposes mutual obligation activities on them when their youngest child turns six years of age.
For-profit care provision
The committee heard the policy settings of the last decade in Australia's care sector have seen the responsibility for care provision shifted from the state to the private market, with serious questions raised about access, quality and value for money.
The provision of for-profit care in the aged, disability and ECEC sectors needs urgent review.
Recommendation
The Australian Greens recommend the Australian Government urgently review the provision of for-profit care in the aged, disability, and early childhood education and care sectors, including:
consideration of the quantum of public funds diverted from direct service provision to profit and its consequences for the quality of care;
comparing the quality of care in for-profit and not-for-profit care; and
examining the relationship between for-profit provision of care and the occurrence of 'care deserts' across Australia.
Australian Disability Enterprises
The evidence put to the committee regarding substandard and exploitative working conditions at Australian Disability Enterprises was deeply concerning.
Recommendation
The Australian Greens recommend the Department of Social Services develop and implement a plan to phase out Australian Disability Enterprises and increase pathways and supports for disabled people to gain and maintain positions in open employment.
Senator Barbara Pocock
Chair
Greens Senator for South Australia