Fair Work Amendment (Baby Priya's) Bill 2025
Ms AMBIHAIPAHAR (Barton) (18:56): I rise to speak on the Fair Work Amendment (Baby Priya's) Bill 2025. This is a bill about compassion, fairness and dignity. It's about how our laws treat people not only in their moments of strength but in their most fragile and heartbreaking times.
At its heart, it's about a little girl named Baby Priya, a name that will now forever remind us that behind every policy, every clause and every line in legislation there are real human stories. One of the reasons I chose to study law was that I wanted to work as a union lawyer. Why?
It was because, when most people introduce themselves, they tell you what they do for work, and work is not just about earning a living. It's about identity, purpose and dignity. For so many Australians the ability to go to work safely, to be treated fairly and to be supported when life takes a difficult turn are what makes a society truly humane.
For over a decade, I had the privilege of representing workers—nurses, construction workers, cleaners, people who simply wanted a fair go. I saw firsthand how moments of vulnerability at work can either bring out the best in our system or expose its cracks. The union movement and Labor governments have worked hand in hand to build a workplace relations framework that enshrines fairness and dignity, a system that many around the world look to with respect and admiration, and that legacy continues today with this bill.
Defending dignity at work is never an outdated cause. In today's world, where productivity and profit often dominate headlines, it can sometimes feel like compassion is losing its place in the workplace, but not here, not in Australia, and certainly not under an Albanese Labor government. This government understands that a fair and prosperous nation depends on how we treat people when they are at their most vulnerable.
This bill fulfils an election commitment to stop employers cancelling employer funded paid parental leave when an employee's child is stillborn or dies shortly after birth. It is a small but profound reform, one that provides clarity to employees and employers and one that reflects the best of who we are as a society. Baby Priya was just 42 days old when she passed away.
Her mother, in the midst of unimaginable grief, found herself having to negotiate with her employer about a return to work she had never planned for. At the very same time, she was trying to process the loss of her baby. That should never happen to any parent.
This bill removes that cruel uncertainty. It removes the distress of having to negotiate work arrangements during grief and trauma. It also gives employers clear guidance, sparing them from having to make discretionary calls in heartbreaking circumstances.
It brings humanity into the legal framework of work, and I want to pay tribute to Baby Priya's parents for their courage in sharing their story and for transforming unimaginable pain into positive change for others. Their advocacy will ensure that no other parent in Australia has to face what they did. As someone who has spent years both in the law and in community service, I've learnt that policy must always be shaped by empathy.
In my work at the St Vincent de Paul Society I have seen the faces of parents and families who carry grief quietly—people who come seeking help, not because they failed but because life has thrown them something that no-one should have to face alone. I've seen how compassion from others, with a listening ear, a bit of time or a small act of understanding, can mean everything in those moments.
It's those experiences that remind us that laws are not just instruments of governance; they are reflections of our shared humanity. As a lawyer I also came to appreciate the importance of trauma informed policy. Behind every case file or piece of legislation there are people processing pain in their own way.
A trauma informed approach recognises that grief and trauma do not follow neat timelines. It acknowledges that the workplace, for all its structures and systems, is still made up of human beings. When we legislate with that understanding, we move beyond technical fairness to real fairness—fairness that sees people as whole, complex and emotional beings.
As someone who values family deeply and who believes in the bonds that tie us together, through joy and through loss, I cannot think of a more important principle to uphold in our workplace laws than compassion. So what does this bill actually do? The bill applies to national system employees who are entitled to employer-funded paid parental leave.
It ensures that, if a baby is stillborn or dies shortly after birth, the parent is still entitled to the paid parental leave they had planned for. In essence, it brings employer-funded parental leave into line with government-funded paid parental leave and unpaid parental leave entitlements. It will apply to both existing and future employment contracts and workplace instruments, but only where the stillbirth or death occurs after the bill commences.
It's also important to be clear about what this bill does not do. It does not interfere with existing enterprise agreements or entitlements. Many employers already have compassionate stillbirth leave in their agreements, and those will remain untouched.
It does not prevent employers and workers from bargaining and agreeing to even better conditions in good faith, and it does not require employers to provide paid parental leave if they don't already do so. It simply protects those who do. Finally, it prevents employers from undermining the intent of this reform by unilaterally changing terms and conditions after commencement.
I think it is important to highlight two specific things in this reform. Firstly, it extends to death following birth. For many parents the days and weeks after welcoming a new baby are meant to be filled with love, exhaustion—which I'm sure the member for Banks has recently experienced—and joy, but not loss.
Sudden infant death syndrome is when a baby suddenly and unexpectedly dies and a cause cannot be identified. It's absolutely heartbreaking. Even with all the care and medical understanding we now have, these tragedies still happen, and the heartbreak ripples through entire families and communities.
Whilst, thankfully, the rate of SIDS has decreased significantly, it still causes around three deaths per thousand babies each year. In those moments time seems to stop, and what matters most is having the space and the compassion to heal. This reform ensures that parents are able to grieve without the pressure of having to return to work or organise additional leave.
Secondly, the reform extends to fathers as well as mothers, because we know that parenthood is shared and this is a loss that affects every person involved in childbirth. Equality means providing this leave for everyone, including same-sex couples and surrogates, as well as partners caring for their loved ones and grieving the loss of their own child. It is about recognising every parent in every kind of family and ensuring compassion is extended to all.
This is sensible, balanced and compassionate lawmaking. Australia is one of the safest places in the world to have a baby, but, tragically, stillbirths and infant deaths still occur. Their impact is profound, not only on parents but on families, workplaces and communities.
For too long our legal frameworks have been silent on what happens when tragedy collides with employment. When a parent's life changes overnight, our system must be flexible enough to protect them, not punish them. This bill closes that gap.
It's part of a broader suite of reforms that recognise the evolving needs of Australian families. The Albanese Labor government has strengthened government funded paid parental leave—extending it to 24 weeks and, importantly, ensuring superannuation contributions are paid during that period—because paid parental leave is not just a family policy; it's an economic one too.
It improves workforce participation, staff retention and gender equality. As an employment lawyer I've seen how vital paid parental leave is for giving parents, especially mothers, the confidence to return to work, to progress in their careers and to continue contributing to the workforce without being penalised for having a family. As someone who has worked closely with community organisations, like the wonderful Vinnies, I've seen how economic stress can, unfortunately, quickly spiral into broader hardship.
Policies like these help prevent that. They give people the time, space and stability they need to recover, heal and rebuild. When we talk about dignity at work we often think of fair pay, safe conditions and job security, but dignity is also about how we treat people in their darkest moments.
This bill recognises that grief does not fit neatly into workplace policy manuals or HR systems. It doesn't run to a timetable, and it doesn't end after a set number of days. For parents who experience stillbirth or infant loss, the trauma is not just emotional; it can be physical, financial and deeply isolating.
Allowing them to access the leave they had planned is a gesture of humanity. It says, 'You're seen, you're supported, and you're absolutely not forgotten.' This is what dignity at work looks like. This bill is not only good for workers; it also gives clarity and certainty to our employers.
As someone who has advised both sides—the workers and the employers—I know that uncertainty in law often leads to confusion, conflict and stress for everyone involved. This reform provides a clear national standard. Employers won't have to make case-by-case judgements or interpret ambiguous contract terms in moments of crisis.
It creates consistency, reduces disputes and promotes trust in the employment relationship. It's the kind of practical reform that demonstrates Labor's ability to balance empathy with clarity, to protect workers while ensuring workplaces function smoothly and fairly. Throughout my career I've seen how moments of grief or crisis can reveal the true character of an organisation.
When a worker loses a loved one, faces illness or endures tragedy, how an employer responds can make all the difference—not just legally but humanly. In my time as an employment lawyer, I met many workers who were not looking for a fight; they just wanted to be treated with decency and compassion. I've met good employers—and I must say that there are a lot of good employers—who wanted to do the right thing but lacked clear guidance from the law.
This bill provides that guidance. It ensures compassion isn't left to discretion but is built into the framework of our workplace laws, because fairness should never depend on luck or on who your employer happens to be. The Fair Work Amendment (Baby Priya's) Bill 2025 reminds us that lawmaking is not just about numbers, clauses or statistics; it's absolutely about people.
It's about empathy, and it's about ensuring that, even in loss, Australians are treated with the respect they deserve. It tells every parent in this wonderful country that their pain will not be compounded by bureaucracy.