SUBMISSION 

TO THE SENATE INQUIRY INTO THE WORKPLACE RELATIONS AMENDMENT (PAID MATERNITY LEAVE) Bill 2002

[August 2002]

[AMWU NATIONAL WOMEN'S COMMITTEE]

Executive Summary

The AMWU represents approximately 16,000 women in the manufacturing industry across the auto industry, metals and related industries, printing and publishing industry, food manufacturing industry, laboratories and the public service. Overall there are approximately 250,000 women working in the manufacturing industry. The number of AMWU women members between the age group 20-44 totals 8,267. AMWU women members are generally classified as workers in the non-trades areas i.e. process workers and production workers. The AMWU also covers occupations such as laboratory technicians in both the public and private sector. Their earnings depend on whether they are covered by an award or agreement and also which industry they are working in. Generally speaking women in manufacturing are low paid although this largely depends on their occupation and the industry sector they work in. 

Only 5% of all certified agreements in the Manufacturing industry contain a paid maternity leave clause. Women's access to paid maternity leave in the manufacturing industry is therefore very low.

There is widespread support  within the union for paid maternity leave. Paid maternity leave has been endorsed as a priority claim for industry campaigning.

The AMWU congratulates the Australian Democrats for introducing into the Senate the Workplace Relations Amendment (Paid Maternity Leave) Bill 2002.  The AMWU supports the Bill in principle which ensures that working women have access to 14 weeks paid leave to care for themselves and their baby irrespective of their bargaining strength at the workplace. The AMWU relies upon and supports the submissions of the ACTU to this inquiry.

Enterprise bargaining has failed women in manufacturing in that not only has it not delivered comparative wage justice for women but it also hasn't delivered a fair and equitable industry standard for paid maternity leave. Evidence of this failure is provided in this submission. The AMWU has submitted on many occasions to this Committee, when arguing against further restrictions on the ability of union members to pattern bargain, that isolated enterprise bargaining is leading to the erosion of  important industry standards such as paid maternity leave and equal pay for equal work.

These bargaining outcomes exist despite the fact that over 100 AMWU delegates who were surveyed by the union in 2000 stated their strong support for the paid maternity leave claim to be pursued at the  industry level in Campaign 2001. 

The AMWU supports the proposed scheme outlined in the Bill on the basis that:

·	a woman's pre-leave earnings for 14 weeks are guaranteed;
·	an employer levy scheme is introduced that will guarantee  as a minimum, "average weekly earnings"  for 14 weeks 
·	if a woman's pre-leave earnings are above "average weekly earnings" these can be topped up by the employer at the workplace through enterprise bargaining;

As it stands alone, the proposed Bill does not guarantee pre-leave earnings but rather the federal minimum wage or the employees' average weekly earnings if they are less than the federal minimum wage. 

The AMWU therefore submits that the national scheme proposed in the Bill should be viewed as a safety net scheme to be topped up by employers not as a scheme to stand alone  without any contributions from employers. The real issue therefore goes beyond whether such a national government scheme should be introduced but how it will be complemented by a top up scheme funded by employer contributions. 

Employers should bear some of the the costs associated with paid maternity leave. It is a work related entitlement.  Employers receive the benefits of womens' participation in the labour force, their skills and their contribution to society through reproduction.

The employer contribution should not be left solely to the enterprise bargaining process. Experience has already proven that enterprise bargaining has failed women. Although it is recognised that enterprise bargaining will still have a role to play in pursuing an increase in the actual level of entitlement e.g. increasing the entitlement from 14 weeks to 28 weeks and topping up the payment for those women who earn more than the average weekly earnings. However it must be noted that due to the fact that many AMWU women members are paid less than average weekly earnings the bargaining system may have a limited role to play in this sector under the proposed scheme outlined in this submission.

The AMWU submits therefore that the following should be considered and adopted. The proposed Bill should  should amended to require a levy  to be paid by employers, as proposed by the ACTU in their submission. The levy should be administered through a central trust fund.  The AMWU proposes that the central trust fund be administered in the same way as N.E.S.T (National Entitlements Security Trust). The N.E.S.T scheme is explained at  p. 10 of this submission and a proposal from Coverforce, administrators of N.E.S.T, on how the scheme will top up the government scheme is outlined in Appendix Three of this submission. It is submitted that the N.E.S.T model  is the most effective low cost solution for the employer levy scheme.

Until such a national scheme is put in place that provides for 14 weeks paid maternity leave at pre-leave earnings, the AMWU  is committed to continuing its campaign for an industry standard for paid maternity leave through industry bargaining. AMWU state conference resolutions passed this year have reaffirmed this as they have resolved to include the 14 weeks paid maternity leave claim as part of the industry campaign for 2003. A resolution was also recently passed at the AMWU's National Conference in July endorsing the claim of 14 weeks at ordinary pay and expressing strong support for pursuing the claim in 2003.

.............

CONTENTS

	Page ref.	
1.	Women in Manufacturing
	5	
2.	Paid Maternity Leave  in the Manufacturing Industry ?	6	
		
3.	Isolated Enterprise Bargaining has failed Women
	8	
4. Consideration of the Bills' provisions	9	
·	Level of entitlement
·	The employer levy and the "two thirds rule":
·	Eligibility		
		
5. AMWU's preferred Scheme
	10	
5.1 N.E.S.T  - Employer Contributions to a Paid Maternity Leave Scheme
	11	
6. AMWU's Campaign 2003 and Paid maternity leave	11	

Appendix One - Sample Table of Certified Agreement AMWU is a party to that contain a paid maternity leave clause 

Appendix Two - AMWU Vehicle Division Statement to the Inquiry

Appendix Three - Coverforce Proposal - N.E.S.T and Paid Maternity Leave

1.	Women in Manufacturing

The AMWU represents approximately 16,000 women in the manufacturing industry across the auto industry, metals and related industries, printing and publishing industry, food manufacturing industry, laboratories and the public service. Overall there are approximately 250,000 women working in the manufacturing industry. The number of AMWU women members between the age group 20-44 totals 8,267. AMWU women members are generally classified as workers in the non-trades areas i.e. process workers and production workers. The AMWU also covers occupations such as laboratory technicians in both the public and private sector. Their earnings depend on whether they are covered by an award or agreement and also which industry they are working in. Generally speaking women in manufacturing are low paid although this largely depends on their occupation and the industry sector they work in. 

The manufacturing industry is a male dominated industry. In most workplaces the number of men outnumber the number of women.

Migrants and women are over-represented in the numbers of workers employed under the metal manufacturing industry as part time workers and as casuals. 

"There is a strong gender dimension to casual employment in metal manufacturing. This is clearly apparent in table 1 which reports on developments amongst blue collar men and women in this sub-sector of manufacturing in 1989 and 1999":

Table 1:
Year	Females %	Males %	
1989
1999	9.3
22.2	3.7
11.4	

In the printing industry there is also a strong gender dimension to casual employment. 14.35% of the printing industry is employed casually and 62% of those people are women. 

A large number of casual workers in the industry are working as "permanent regular casuals". We note the submissions of the ACTU which state that "nearly 60 per cent of casuals have been employed for 12 months or more by their employer" [para 64]. Survey evidence submitted by the AMWU to the AIRC in the Metal Award Casuals Case  in 2000 revealed that in the manufacturing industry  75% of casual workers are engaged continuously for more than three months and 50% are engaged for 12   months or more. One AMWU female witness had been employed casually for seven years, the first 2.5 years as a directly engaged casual, the remainder through a labour hire  firm. The Full Bench of the AIRC relied on the AMWU's evidence.  In its' decision varying the award it recognised the need to protect regular casual workers and stated its' reasons as follows:

"The notion of permanent casual employment, if not a contradiction in terms, detracts from the integrity of an award safety net in which standards for annual leave, paid public holidays, sick leave and personal leave are fundamentals".

The bills' attempt to include casual workers promotes the integrity of the proposed federal scheme.

AMWU women members are generally speaking low paid and receive less than average weekly earnings. Table 2 provides a snapshot of the base pay rates  of AMWU women members covered by certified agreements in manufacturing:

Table 2:
Classification	Pay Rate	
Printing industry - Level 3	$521.64	
Vehicle industry (Holden) - N31
                                             N32	$737.40
$741.40	
Metals and Related (Sylvania Lighting-NSW) C13                                                       	$521.64	
Lab Technician (ACIRL) C9	$547.99	

A paid maternity leave scheme which would guarantee as a minimum "average weekly earnings" would ensure that the pre-leave earnings are paid for the majority of AMWU members without needed to top up the scheme payment through the enterprise bargaining system.

2.   Paid Maternity Leave in the Manufacturing Industry ?

Women's access to paid maternity leave in the manufacturing industry is  very low.

A nationwide survey in 2000-01 of firms with 100 employees or more, by the Equal Opportunity for Women in the Workplace Agency, found that only 15.4% of women working in large manufacturing companies have access to some form of paid maternity leave. 

Few awards contain a provision for paid maternity leave that the AMWU is a party to. Those awards that do provide for paid maternity leave vary in relation to the level of entitlement. For instance the Ford Motor Company (Vehicle Industry) consolidated award provides for 6 weeks paid maternity leave and the Airport Employees Award 1999  provides for 12 weeks paid leave. 

ACCIRTS' ADAM database report 32 (March 2003) has revealed that in manufacturing only 5% of all certified agreements in the Manufacturing industry contain a paid maternity leave clause.

Only 60 certified agreements out of approximately 1500 agreements (0.25%) that the AMWU is a party to  contain a provision for paid maternity leave. 

A further analysis of these agreements reveals that the level of entitlement to paid maternity leave varies from between 3-6 weeks paid leave thus revealing inequities in the system as the level of entitlement depends on the bargaining strength of workers. 

Appendix One  is a table outlining a sample  of 29 federally registered certified agreements that the AMWU is a party to.  The table highlights the following in relation to paid maternity leave provisions in certified agreements that the AMWU is a party to:

·	the duration of leave varies from between 3 weeks to 12 weeks with the majority providing for six weeks pay;

·	the level of entitlement varies from ordinary pay to ordinary pay including penalties and allowances etc. and in some cases is entirely conditional on a return to work and reduces if the employee is eligible for a maternity allowance from the government;

·	the method of payment varies from lump sum to half pay over double the period;

·	eligibility rules differ and vary from full time permanent staff to part time staff (pro rata) however the majority exclude casual or labour hire staff irrespective of their service or the regular nature of their employment.

The above highlights the fact that women's access to paid maternity leave is arbitrary. The differences between the entitlements creates inequities as women can only access the entitlement depending on their bargaining strength at the workplace. The differences also reflect the ability that employers have, through their bargaining position, to establish a system across the board of arbitrary access for women to different entitlements to paid maternity leave. 

In recognition of the need to address the  lack of paid maternity leave in the manufacturing industry, in 2000, upon the recommendation of the AMWU'S National Women's Committee, paid maternity leave was included in the Campaign 2001 log of claims. The claim that was included stated:

"Employees shall be entitled to up to twelve weeks paid parental/special maternity leave when such leave is accessed.  Access to leave shall be as per the Award."

3. Isolated Enterprise Bargaining has failed Women

The enterprise bargaining outcomes highlighted above leads to the conclusion that enterprise bargaining has failed women in manufacturing. Bargaining at the workplace level has not delivered a just and equitable industry standard for paid maternity leave. 

These bargaining outcomes exist despite the fact that over 100 delegates who were surveyed by the union in 2000 stated their strong support for the paid maternity leave claim to be pursued at the  industry level in Campaign 2001. The survey asked members to rank a list of claims in terms of whether they saw them as a priority for support or not. The results strongly supported the proposition that paid maternity leave was a claim that should be pursued across the industry in the industry campaign.  In QLD 79% of respondents supported the claim, 80% in S.A and 90% in N.S.W.

The AMWU has submitted on many occasions to this Committee, when arguing against further restrictions on the ability of union members to pattern bargain in pursuit of creating standards of pay and conditions across the industry, that isolated enterprise bargaining is leading to the erosion of  important industry standards such as paid maternity leave and equal pay for equal work.

In its' submission to the Senate inquiry into the Workplace Relations Amendment Bill 2000 which sought to outlaw pattern bargaining, the AMWU stated, in arguing the case for pattern bargaining,  that:

"Industry bargaining can also protect common rights for women across the industry such as  paid maternity leave, childcare and access to education and training."

Why then do such minimal and differential bargaining outcomes on paid maternity leave exist ? The majority of reasons relate to the enterprise bargaining system itself and the inequality of bargaining power that exists between employers and employees.

In addition, bargaining factors such as the demographics of a workplace including the ratio of men to women, the comparative age group of the workforce, union representation at the workplace etc.  can determine whether the paid maternity leave claim is successful or not.

Further, employers often don't recognise paid maternity leave as a legitimate claim during negotiations and often resist it.

There have been several workplaces that have  been successful in securing paid maternity leave in their negotiations. One example that can be cited is at a company called Amdel Laboratories where:

·	the employer recognised maternity leave as a legitimate  claim;
·	over 50% of the workforce are women;
·	female delegates had been elected and participated in negotiations;
·	the majority of the workforce are under 30 years of age;

Despite the factors cited above, the level of entitlement achieved through the bargaining process was only 4 weeks at full pay and 4 weeks at half pay. The claim being pushed was for 12 weeks at full pay. 

Appendix Two  is a statement  from Gayle Tierney, Vehicle Division Assistant State Secretary outlining the history of the paid maternity leave claim and clause in the major car manufacturing plants. The statement highlights how the six weeks paid maternity leave clause has evolved through bargaining and the limitations that exist with the bargaining system in pursuing a higher level of entitlement for women workers.

4. Consideration of the Bills' provisions

Level of Entitlement

The overall scheme should guarantee working woman 14 weeks paid maternity leave at pre-leave earnings.

The AMWU supports the level of entitlement specified in the Bill on the condition that the Bill be amended to require employers to pay a levy which will guarantee, as a minimum, national "average weekly earnings" for the period of 14 weeks. If an employee's pre-leave income exceeds average weekly earnings the shortfall should be picked up by the employer through enterprise bargaining at the workplace.

The AMWU relies in the submissions of the ACTU in relation to why the federal minimum wage is the appropriate level of entitlement.

Further, the AMWU also relies on the submissions of the ACTU in relation to questioning the appropriateness of averaging the employee's earnings over 12 months.

The employer levy and the "two thirds rule":

The  government scheme as proposed in the Bill, on its own does not comply with ILO Convention 183 in that it does not satisfy the "two thirds rule". 

The employer levy proposed by the ACTU and supported by the AMWU ensures that this rule is complied with.

Using the pay rate of AMWU women members at Holden i.e.  $737 per week, the entitlement they will receive under the government scheme, it is proposed, will at this stage be  $431.40 per week. The top up from the employer levy scheme required will be $306 per week. Therefore 58% of the employee's wage will be being covered by the federal government scheme. This does not accord with the two thirds rule. However an employer levy top up, as proposed, would ensure at least two thirds pre-leave salary.

Eligibility

The AMWU supports the submissions of the ACTU which challenge the provisions of the Bill in relation to eligibility. The AMWU submits that all working women, regardless of their type of employment, be entitled to paid maternity leave and notes the growing trends of women working in precarious and atypical employment i.e. contractors and casual workers (refer p. 5 ).

The AMWU submits that all casuals should have an entitlement to paid maternity leave. The AMWU therefore strongly supports the provisions of the Bill which seek to include casual workers. Such a provision will move the Parliament into line with community trends. 

The union has been responding to concerns from  casual workers employed in the industry over job security and the lack of entitlements by successfully pursuing award variations and agreement clauses to convert regular casual workers into permanent workers. The union is also in the process of applying to vary its major awards to insert the ACTU's test case award provision on casuals and maternity leave. The AIRC in varying awards to protect casual workers has recognised these trends and the need to afford casual workers with the same rights as permanent workers. The Federal court also recently recognised the need to protect casual workers in the decision of Hamzy whereby it decided that casual workers should not be excluded from unfair dismissal laws. Therfore community expectation has developed over protecting the rights of casual workers.

The AMWU opposes the exclusion of public service employees and relies on the submissions of the ACTU which oppose their exclusion.

5. AMWU's Preferred Scheme

The AMWU proposes that the Bill should  be amended to require a levy  to be paid by employers, as proposed by the ACTU in their submission. The levy should be administered through a central trust fund.  The AMWU proposes that the central trust fund be administered in the same way as N.E.S.T (National Entitlements Security Trust). 

5.1 NEST- Employer Contributions to a Paid Maternity Leave Scheme

N.E.S.T is an Australian industry trust fund  into which employers make monthly contributions, on behalf of their employees. The  contributions include annual leave, annual leave loading, sick leave, long service leave, severance and redundancy pay and any other form of leave i.e. paid maternity leave. The fund has been tailored as a "one stop scheme for all classes of entitlements". The trust is independently chaired by the Hon Justice Marcus Einfeld and the investment manager for N.E.S.T is the worldwide ING Group.  

Appendix three is an outline from Coverforce on how the N.E.S.T would operate. Coverforce will be available at the inquiry to give a brief presentation on how the scheme would operate and answer any questions that Committee members may have.

6. AMWU's Campaign 2003 and Paid Maternity Leave

Until such a national scheme is put in place as proposed in this submission, the AMWU  is committed to continuing its campaign for an industry standard for paid maternity leave through industry bargaining.  AMWU State Conference resolutions passed this year have reaffirmed this as they have resolved to include the 14 weeks paid maternity leave claim as part of the industry Campaign for 2003. A resolution was passed at the AMWU's National Conference in July expressing strong support for pursuing the 14 weeks paid maternity leave claim and was expressed as follows:

"Conference notes and supports the political  campaign to pursue a national paid maternity leave scheme in Australia and supports such a proposal which will ensure that all working women in Australia have access to paid maternity leave not just women who have the strength to bargain for their rights at the workplace.

Conference notes the success of the union in achieving paid maternity leave at several workplaces over the past few years and recognises the need to continue to pursue this claim and prioritise it as a campaign claim to be pursued over the next few years so as to create an industry standard in manufacturing for paid maternity leave.

Conference therefore determines to pursue 14 weeks paid maternity leave in agreements which, if a national scheme is put in place, will be paid in addition to the relevant national scheme. "

and...
"Conference determines that the following standards be pursued by states and divisions in the next bargaining round to ensure that rights of manufacturing workers are strengthened and maintained .............:

·	Paid maternity leave
............."

APPENDIX ONE - AGREEMENTS AMWU IS PARTY TO THAT CONTAIN A PAID MATERNITY LEAVE CLAUSE

AGREEMENT	Duration of Entitlement	Level of entitlement	Eligibility	
City of Marion EBA No.4 2002	12 weeks	The rate of pay will be the rate applicable at the date of the maternity payment. Payment will be based on ordinary hours and paid fortnightly.
	Full time and part-time staff who have had a minimum of 5 years continuous service. A pro-rata payment will apply for Permanent Part-time staff based on average hours worked over the preceding 12 months.	
Aust Automotive Air Pty Ltd 2001	6 weeks	normal rate of pay (excluding shift & any other penalty payment)	An Associate 

An Associate claiming the six week period of paid maternity leave will be required to repay this payment to the Company if they do not resume work
with the Company for a minimum period of three months following the expiration of their approved maternity leave absence	
Nissan Casting EBA 2001	six weeks	 lump sum payment.

employee's normal pay (excluding shift and other premiums/penalties) less the value of the Commonwealth Government's
Maternity Allowance
	The Maternity Leave payment is premised on the employee continuing in their employment with Nissan for a minimum period of three (3) months after their return to
work from Maternity Leave.

an employee who is eligible and applied for Maternity Leave under the Award	
ACT Workcover EBA 2000-2002	12 weeks	Employees' pay.
employees may spread the payments for the 12-week mandatory absence over a
24-week period at half pay. 
	Employees eligible for maternity leave i.e. 12 months continuous service	
Flinders Uni EBA 2000-2003	12 weeks	Salary

A staff member eligible for paid maternity leave may elect to take it on half pay, in which case the period of paid leave will be doubled.
	A staff member who completes 12 months or more of continuous service before the expected date of birth	
Toyota Aust Workplace Agreement (Pt Melb,Syd and regions) 2002	maximum of six weeks pay	lump sum payment (the Federal Government subsidy will not be deducted from the 6 weeks pay).

normal pay
	an employee who is eligible and applies for Maternity Leave under the Toyota Award 1998

the Maternity Leave payment is premised on the employee continuing in their employment with Toyota for a minimum period of 3 months after their return from Maternity
Leave. Failure to meet this requirement will necessitate the repayment of the Maternity Leave (or Special Maternity Leave) payments in full,
	
Toyota Aust Workplace Agreement (Altona) 2002	up to six weeks	lump sum payment (the Federal Government subsidy will not be deducted from the 6 weeks pay).

normal pay	an employee who is eligible and applies for Maternity Leave under the Toyota Award 1998

he Maternity Leave payment is premised on the employee continuing in their employment with Toyota for a minimum period of 3 months after their return from Maternity
Leave. Failure to meet this requirement will necessitate the repayment of the Maternity Leave (or Special Maternity Leave) payments in full,

David Syme Printers 1997
	up to six weeks to be introduced in accordance with the fairfax standard	 full pay

	permanent staff with 52 weeks continuous service

Holden Ltd Enterprise Agreement (2001-2004)	six weeks	the Federal Government allowance will not be deducted from the 6 weeks pay).

normal pay
	an employee who is eligible under the Holden agreement	
Ford Aust EBA 2000	6 weeks (award)	normal pay

no longer deduct the Federal Government's Maternity Leave Allowance from paid Maternity Leave for those employees in receipt
of the Allowance.		
Air International Interior Systems (Campbellfield) EBA 2002	4 weeks to 
6 weeks from 1 March 2005.

(compulsory 6 weeks leave)	normal pay	employee who has completed 12 months of continuous service	
International Trucks Australia Ltd (Dandenong Plant) Agreement 2000-2002	6 weeks (compulsory leave)	normal pay	12 months continuous service	
Siemans Rail Services (Swanston Trams) Pty Ltd CA 2002	12 weeks	normal pay at normal salary arrangements

part time - pro rata	full time and part time 12 months continuous service
	
Prixcar Services Pty Ltd CA 2001-2004	4 weeks	normal pay	as per award- an "employee	
Schefenacker Vision Systems Aust Pty Ltd AWU,AMWU CA 2001	 4 weeks  on every occasion or 6
weeks  on one occasion. (The employee must nominate which of the 2 options they wish to access at the time of their first application for
maternity leave. )	Maternity leave is paid at the employees ordinary rate of pay reduced by the amount of the Government's Maternity Leave Allowancej		
Hazlewood Power Enterprise Agreement 2001	12 weeks	full pay	permanent Employee who has completed 12 months continuous service with HP or
it's predecessor.	
Bureau of Meteorology CA 2001	12 weeks	will be calculated as for sick leave on full pay	employees eligible to take sick leave and also eligible under relevant Cth maternity leave act	
United Waters Employees CA 2001	6 weeks	full pay		
The Australian National University Enterprise Agreement 2000-2003	12 weeks	substantive salary

can be taken as 24 weeks at half pay.	 standard or fixed term staff member who has become pregnancy

a staff member who has been continuously employed by the University for less than 12 months prior to the commencement of maternity leave is entitled to be paid only
for the period between completion of 12 months continuous service and the end of the first 12 weeks of maternity leave;

a fixed term staff member is not entitled to maternity leave extending beyond the date on which her contract expires.	
Brisbane City Council EBA 2001	9 weeks	ordinary pay		
Arpansa Agreement 2001-2004	12 weeks	ordinary pay

can be taken as half pay over 24 weeks	employees with 12 mths continuous service	
Monroe Aust EBA 2001-2004	6 weeks	employees ordinary rate of pay reduced by the amount of the Government's Maternity Leave Allowance (currently $988.00)	if an employee is employed after 1997 they will need to work continuously for 3 years to access payment	
Walker Aust EBA 2001-2004	6 weeks	lump sum at ordinary pay 
reduced by the amount of the Government's Maternity Leave Allowance (currently $988.00), 	employees must have
accumulated 3 years full time service with the company before being eligible for this benefit.
	
Huntsman Chemical Co. Aust Pty Ltd West Footscray, Enterprise Development Agreement 2001	6 weeks	ordinary pay	12 months continuous service	
TotalCare Fleet CA 2001-2004	12 weeks	full pay	full time - 12 mths continuous service

part time, on a pro-rata basis, for a period of 2 years continuous service	
Mackay Consolidated Industries Pty Ltd (Maintenance) CA 2000	3 weeks	ordinary pay	full-time and regular part-time employees, but do not apply to casual employees.

as per metals award	
Hendersons Automotive (SA) Trim Plant EBA 2001	6 weeks	normal permanent weekly rates only, excluding any
special allowances or premiums) less the maternity allowance payable under the Family Measures Act 1995 ($780)	permanent female employees

Where the father is also a permanent employee of
Henderson's Trim Plant, the six weeks leave may be divided between both partners.	
Fairfax Advertising Production CA 2000	6 weeks	ordinary pay	part-time or full-time basis
for a minimum period of least 12 continuous months 	
Johnston Controls (Maintenance) EBA 2000	4 weeks	normal weekly wage rate, inclusive of shift allowances	Workplace Relations act	

Appendix Two

AMWU VEHICLE DIVISION STATEMENT
TO THE SENATE INQUIRY INTO THE WORKPLACE RELATIONS AMENDMENT (PAID MATERNITY LEAVE) Bill 2002

1.	The AMWU Vehicle Division represents approximately 24,000 workers in the vehicle industry covering manufacturing, repair, service and retail.  Women workers represent approximately 10% of this workforce.  The vehicle industry has four major employers - Ford and Toyota in Victoria, Mitsubishi in South Australia and Holden across both states.  There are an additional fifteen companies in the industry with more that 100 employees (and less than 1000), that are truck or bus manufacturers and vehicle industry component suppliers.  The remainder of the industry is made up of hundreds of small businesses. The AMWU Vehicle Division women members are generally classified as production workers and the majority are employed in companies with more that 100 employees. 

2.	In June 1996 the union successfully used the enterprise bargaining process to push through major improvements to conditions for working mothers in the car manufacturing plants.  In what the union described as "a giant step forward for women members and their families," two of the major car employers - Holden in South Australia and Ford in Victoria - acceded to union claims for paid maternity leave.  Both provided income security over the six week period of compulsory maternity leave.  These were the first agreements of this sort in the manufacturing sector.  

3.	The AMWU Vehicle Division has ensured that all enterprise agreements, for workplaces where women were employed, included the maternity leave claim from this time.  As a result the vehicle industry now has 6 week paid maternity leave entitlement covering over 80% of our women members.

4.	The earlier agreements included a compromise clause which allowed the employers to deduct the Government's maternity allowance from the payment of those who were eligible.  Negotiations over the last two years have succeeded in achieving removal of this clause. 

5.	Production work is physically demanding and often dangerous.  Anecdotal evidence suggests that the majority of mothers need to leave work earlier and return later in comparison to white collar workers.  But, the lower wages of production workers also mean that most mothers in our industry are forced to return to work earlier than they would like.  The six week paid maternity leave is inadequate and  undermines family/work balance and also the health of the worker.  For these reasons the AMWU Vehicle Division strongly advocates for a minimum of 14 weeks paid maternity leave.

6.	The Vehicle Division congratulates the Australian Democrats for introducing into the Senate the Workplace Relations Amendment (Paid Maternity Leave) Bill 2002.  The AMWU Vehicle Division supports the principle of a reasonable minimum provision of paid maternity leave for all working women.  This submission relies upon and supports the submissions of the ACTU to this inquiry.

7.	The Vehicle Division submits that the national scheme proposed in the bill should be viewed as a safety net topped up by employer contribution, not a scheme to stand alone.  The employer contribution should not be left solely to the enterprise bargaining process.  An employer levy  is needed that does not constitute a disincentive to women's employment, whilst it does accommodate the financial restrictions of small businesses.  The appropriate response would be to set a levy on the total number of employees (not on the number of women employed), as a  payroll levy that `kicks in' at a certain level (larger employers would therefore subsidise small business).

8.	The issue should not be whether a national scheme is introduced -  paid maternity leave should be a basic right for all working women.  Adequate child care, secure employment and fair and reasonable wages and working conditions that strive for a real balance between work and family, are all  issues that should be firmly on the agenda.   Shared parenting responsibility is another issue that should be addressed through workplace reform.  For example: in recent negotiations with Holden the AMWU secured an in-principle agreement that parental leave shall be available to employees until the child reaches 5 years of age.  There is much scope for improving work family balance for all employees.  

9.	Let's catch up with the rest of the world, by providing a secure national paid maternity leave scheme funded jointly by employers and the community. 

2 AUGUST, 2002

Gayle Tierney
Victorian Assistant State Secretary-Vehicle Division

Appendix Three 

 Coverforce proposal - N.E.S.T and Paid Maternity Leave

[Attached]