Fair Work Amendment (Baby Priya's) Bill 2025

Ms KARA COOK (Bonner) (18:47): I rise to speak in support of the Fair Work Amendment (Baby Priya's) Bill 2025, known as Priya's law. This bill is a crucial step forward in protecting parental rights and ensuring compassionate bereavement care in the workplace. After 42 days, Priya's parents experienced the unthinkable—their little girl had passed away.

Only five days into processing this grief, Priya's mother notified her employer, to whom she had given more than 10 years of service. Although she received condolences and support from co-workers, her employer cancelled her three months of pre-approved paid parental leave. This left Priya's family uncertain, navigating HR policies whilst enduring the worst pain imaginable for a parent.

Priya's parents have advocated tirelessly to ensure no other parent would face what they did. The Albanese Labor government committed to legislating a guarantee that working parents dealing with stillbirth or early infant death can continue to access employer paid parental leave. This bill delivers on that commitment.

I am so pleased to see today that this bill will receive bipartisan support. It has been a real privilege to listen to the contributions of all members today, but particularly the member for Melbourne, who shared her deeply personal story. It is incredibly difficult to relive those experiences, and to have her share her lived experience with us today was an absolute privilege.

This bill is about dignity, compassion and giving families the space and financial security they deserve when they need it most. It provides clarity for both parents and employers. It removes the distress of negotiating a return to work while dealing with grief and trauma, and it ensures employers do not have to make discretionary calls on whether a specific leave provision applies in the most difficult of circumstances.

We know that Australia is one of the safest places in the world to have a baby but, tragically, stillbirths and infant deaths do happen, with profound impact on parents, families and, of course, the community. On an average day in Australia, more than six babies are stillborn and more than two die within the first year of their birth. In 2022 this resulted in more than 3,000 families losing a child.

Priya's law amends the Fair Work Act 2009 to stop employers from cancelling employer funded paid parental leave if an employee's child is stillborn or dies. This bill brings the framework around employer funded parental leave in line with government paid parental leave and existing unpaid parental leave entitlements. It applies to existing and future employment contracts and workplace instruments where the stillbirth or death of a child occurs after commencement.

Importantly, this bill does not interfere with existing bargained entitlements. Many employers already offer express stillbirth leave entitlements, which will remain unaffected. It does not prevent employers and employees from bargaining and agreeing to conditions in good faith.

It also does not create a requirement for employers to provide employer funded paid parental leave if it is not already offered. This bill also prevents employers from undercutting this reform by unilaterally changing existing terms and conditions of employment after commencement. This bill also upholds human rights.

It aligns with seven core United Nations human rights treaties, including the right to enjoyment of just and favourable conditions of work; the right to an effective remedy and fair hearing; the right to protection and assistance for families; the right of women not to face discrimination on the basis of gender; and the right to protection of health and safety in working conditions, including reproductive function.

This bill also addresses gender inequality. Women are more likely to take employer funded paid parental leave following childbirth. By protecting their leave in the event of stillbirth or early infant death, this bill fosters women's participation in the workforce, economic security and autonomy to return to work when they are ready.

As I said earlier, more than 3,000 parents in Australia lose a child to stillbirth or within the first 28 days of life. Each loss is devastating. These rates have not changed for more than 20 years.

Stillbirth and neonatal deaths are higher in Aboriginal and Torres Strait Islander communities, culturally diverse communities, and disadvantaged and regional communities. For example, in the Northern Territory the stillbirth rate is 20 per 1,000 births—more than double the national average. Addressing these inequalities requires improving healthcare access and education, and reducing poverty—priorities that the Albanese Labor government is committed to and delivering on right across this country.

October is International Pregnancy and Infant Loss Awareness Month, reminding us of the importance of awareness, education and support for grieving families. International Pregnancy and Infant Loss Remembrance Day is on 15 October every year. This year we saw families around the world light candles in honour of lost children.

This shows the profound need to break the silence and stigma around miscarriage, stillbirth and infant death. I acknowledge the organisations advocating for stillbirth and early infant death prevention, including the Red Nose foundation, the Centre of Research Excellence in Stillbirth and Stillbirth Foundation Australia. They do tireless work, together with many community organisations across all of our communities, in supporting research and education.

I also want to acknowledge the Services Union, of which Priya's mother was a member, for their support and collective action, including a petition signed by more than 30,000 Australians. I am a proud member of the Services Union, and I thank them for their advocacy and support, not just for Priya's law but for many other issues just like this affecting families and women right across our country.

Following the introduction of this bill, many MPs shared the introduction of the legislation on social media. I just want to share a couple of comments that I believe reflect the community's sentiment around this bill. Jean said: How amazing is Priya's Mum for her relentless campaigning through grief to make sure no other family goes through the same.

You have created an incredible legacy for Priya and she would be so proud of you. Elizabeth said: I was shocked after giving birth at 24 weeks that I didn't qualify for parental leave while grieving (back in 2011). Thank you for changing this.

It will make a huge difference to those parents suffering. And Faiqa said: Policy-making is never ordinary—it's a profound responsibility. It demands groundwork, legitimacy, and a deep sense of ownership.

When these elements align, policies become not just functional, but transformative. Bravo to the Prime Minister for championing the Priya Bill—a compassionate response that has touched the hearts of countless grieving families. In moments of irreparable loss, this legislation offers dignity, recognition, and hope.

Keep going … Finally, I pay tribute to Baby Priya and her family, whose advocacy has created a lasting legacy, ensuring no other parent will face the distress of having paid parental leave cancelled while grieving. Although Baby Priya was only 42 days old, her legacy will be everlasting. This law is in her name.

It is a promise that no parent will face this pain alone and no grieving parent will be forced back to work while enduring the deepest loss imaginable. I want to share some words from Baby Priya's mother, who said: My hope is that this law will grant the time, support, and financial assistance that are rightfully yours, so that you can have the time to take care of yourselves.

I commend this bill to the House.