Many parents prefer to have one parent leave the labour force for a period to care for young babies.

Minimum parental leave entitlements should be updated to recognise the choices that families make by extending unpaid leave beyond the current 12 month minimum.

There are strong arguments in favour of encouraging labour market attachment amongst parents who want to return to work; higher employment rates, retention of skills, return on training investment, lower child poverty and gender equity.

Despite the fact that Australia has comparatively high levels of maternal part time work, there is no right for mothers to return to work part time. Parents can return to part time work only with the consent of the employer.

Many parents also want the option to return to work part time if and when they re-enter the workforce.

Policies and minimum entitlements should reflect this reality. Parental leave safety net should be adjusted to ensure a right to return part time.

Much part time work in Australia is also of poor quality, being casual, low paid and concentrated in low skill occupations.

As recognised by the AIRC unless part time work is associated with pro-rata entitlements and regular hours it is not useful to employees in balancing work and family commitments. (Personal/Carer’s Leave Test Case 2)

A number of things can be done to improve the quality of part time work:

• Conversion of casual work - Unions have successfully applied to the AIRC for the conversion of regular and/or long-term casual employment to full or permanent part-time status giving access to leave and other entitlements. These gains need to be built on in other industries and occupations.

• Minimum and maximum hours for part time workers – Industrial laws restricting regulation of part time and casual work should be removed.

• Protecting part time employees from discrimination and opportunities for part time work – As has been adopted in Europe under the EU Council Directive on part time work (97/81/EC), laws should prohibit discrimination against part time employees and promote and provide opportunities for part time work.

More Information

• ACTU Background Paper: An ACTU Action Plan for Balancing Work and Family Life - this booklet is designed for union officers, delegates and activists, and sets out the ACTU’s commitment to achieving family friendly workplaces for all Australian workers, which includes extended periods of unpaid parental leave.
• ACTU Background Paper: Parental Leave For Long-term Casual Employees - over the years the AIRC has developed a consistent parental leave standard that is now incorporated into most awards of the Commission and in the Workplace Relations Act 1996. This paper outlines how—through a series of decisions—the current position has developed.
• ACTU Background Paper: Parental Leave For Long-term Casual Employees - the lack of access to parental leave by casual employees is not compensated for within casual loadings.